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.
- Ms. Livesay currently represents clients in a wide array of matters, including:
- Indirect purchasers in an antitrust class action for price fixing and collusion in the canned seafood industry, currently pending in the Southern District of California;
- Car owners and lessees in a consumer class action regarding car models that were recalled due to a dangerous defect;
- Consumers in a class action against Zoom Video Communications, Inc. for privacy violations and related claims;
- Indirect purchasers in an antitrust class action for a concerted restraint of trade in the market for e-cigarette products;
- Taxpayers challenging unfair taxation of gas users taxes imposed by the City of Los Angeles, currently pending in Los Angeles Superior Court, which was granted class certification on May 13, 2019;
- Ratepayers challenging the unlawful imposition of water sewage fees imposed by the City of Oxnard in Ventura County Superior Court;
- Shareholders in a securities class action alleging a scheme to artificially inflate the market price of common stock and calm the market despite the company’s bankruptcy being imminent; and
- Consumers in a complex antitrust class action alleging that Apple Inc. has monopolized the aftermarket for iPhone applications, whom the United States Supreme Court found to have standing on May 13, 2019. Apple v. Pepper, No. 17-204.
- Ms. Livesay has successfully litigated and negotiated numerous multi-million dollar settlements, serving as lead or co-lead counsel. For example:
- In re Integrated Silicon Solution, Inc. Stockholder Litig., 1-15-CV-278812 (Sup. Ct. Santa Clara, CA 2015) (injunction requiring corrective disclosures);
- In re Hot Topic Sec. Litig., No. 2:13-cv-04153 (C.D. Cal. 2016) (corporate governance action with settlement of $14.9 million); and
- In re Atmel Corp. Deriv. Litig., No. 06-4592 (N.D. Cal. 2010) (stock option backdating derivative action with settlement of $9.65 million).
- Ms. Livesay has also helped litigate numerous unfair taxation class actions, including ten year precedent-setting actions against the City of Los Angeles and the City of Long Beach. In Ardon v. City of Los Angeles, Case No. BC363959 (Los Angeles Cnty. Super. Ct.), plaintiffs recovered over $92 million in improperly collected telephone utility taxes and obtained a unanimous landmark California Supreme Court decision that established the right of taxpayers to file a class claim for tax refunds from governmental entities. Ardon v. City of Los Angeles, 52 Cal. 4th 241 (2011). Plaintiffs also prevailed in McWilliams v. City of Long Beach, Case No. BC361469 (Los Angeles Cnty. Super. Ct.), by recovering $16.6 million in improperly collected telephone utility taxes for city residents and by obtaining an additional unanimous California Supreme Court decision that further established the rights of taxpayers to file class claims for tax refunds from local governmental entities. McWilliams v. City of Long Beach, 56 Cal. 4th 613 (2013). In addition, she assisted in litigating Granados v. County of Los Angeles, Case No. BC361470 (Los Angeles Cnty. Super. Ct.), which resulted in a recovery of $16.9 million for taxpayers.
- She also helped achieve a favorable result in Good Morning to You Productions Corp. v. Warner/Chappell Music, Inc, No. CV 13-04460-GHK (C.D. Cal.), in which plaintiffs prevailed on summary judgment in the first federal class action over a disputed copyright related to the world’s most famous song, “Happy Birthday.”