Marisa Livesay is an associate at Wolf Haldenstein. Ms. Livesay has expertise in complex class actions representing clients including institutional investors such as public and labor pension funds, who suffered losses due to corporate fraud. She also is a member of the Firm’s Investor Protection, Consumer Protection, Labor and Social Justice practice groups with an emphasis on litigating federal and state class actions in matters of antitrust, wage and hour, unfair and deceptive practices, defective products, wage and hour, civil rights and unlawful taxation.
Ms. Livesay joined Wolf Haldenstein as an associate in 2006. She came to Wolf Haldenstein with two years of securities and derivative litigation expertise.
- Represented plaintiffs in high profile federal multi-district litigation matters in the US including in securities class and derivative actions representing institutional and individual investors, against companies in cases such as the stock backdating action In re Atmel Corp. Deriv. Litig., which resulted in a settlement of $9.65 million.
- Represented shareholders in state court when seeking executive board, executive compensation and corporate governance changes in publicly traded companies, including cases involving mergers and acquisitions, such as In re Hot Topic Sec. Litig., which resulted in a settlement of $14.9 million.
- Represented plaintiffs in the first federal class action over a disputed copyright related to the world’s most famous song, Happy Birthday. Good Morning to You Productions Corp. v. Warner/Chappell Music, Inc. By way of this groundbreaking litigation and the successful outcome Wolf Haldenstein achieved worldwide acclaim.
- Representing college football players in a federal class action wage and hour case against the NCAA and PAC 12 alleging that the defendants failed to pay minimum wages to the plaintiff and all other PAC-12 football players in violation of California and federal laws.
- Providing advice and counsel in the national antitrust suit filed against canned seafood manufacturers for collusion and price fixing in the canned seafood industry. Such companies include inter alia, Bumble Bee, Starkist, and Del Monte Foods.
- Representing plaintiffs in complex antitrust class actions including a pending case against Apple and AT&T where plaintiffs allege that defendants monopolized, attempted to monopolize, or conspired to monopolize the aftermarket for voice and data services for iPhones and that Apple Inc. has monopolized the aftermarket for iPhone applications, as well as an action representing consumers against Keurig based on its monopolization of the market for the sale of single-serve brewers, as well as the market for the sale of single servings or “portion packs” of coffees or other beverages that are used in those brewers .
- Provided counsel and advice in ten year precedent setting unfair taxation class action litigation against the City of Los Angeles. Plaintiffs prevailed by not only recovering over $92 million in improperly collected telephone utility taxes for city residents but by obtaining a unanimous landmark California Supreme Court decision that established the right of taxpayers to file a class claim for tax refunds from governmental entities.
- Representing plaintiffs challenging unfair taxation of telephone users taxes imposed by the County of Los Angeles and the City of Long Beach, litigation which secured a unanimous California Supreme Court decision upholding taxpayer rights to bring class action claims for tax refunds.
- Representing truck drivers who were formerly classified as independent contractors on a case of first impression that successfully classified them as employees under the California Labor Code. The case against Lowe’s Home Centers was settled in 2008 on the eve of trial giving each driver an average recovery of over $5,500 with some getting as much as $80,000.
- Litigating a shareholder derivative action brought on behalf of U.S. Aerospace, Inc.
- Recently settled a class action in California state court on behalf of certain Merrill Lynch financial advisors whose business expenses were not properly reimbursed.