PRACTICE AREAS


Stephen Newman has experience in defending class actions and other representative litigation, as well as proceedings commenced by government officials on behalf of the general public. He has defended many cases under California’s Unfair Competition Law and Consumers Legal Remedies Act, representing a broad range of companies, including Internet-based businesses, retailers, banks, insurers and manufacturers.

Mr. Newman also has handled litigation involving a variety of other issues, including data security, consumer privacy, securities fraud, accountants’ malpractice, actuaries’ malpractice and insurance.

REPRESENTATIVE MATTERS

  • Cel-Tech Communications, Inc. v. Los Angeles Cellular Tel. Co., 20 Cal. 4th 163 (1999) (counsel for amicus curiae Los Angeles Area Chamber of Commerce in Unfair Competition Law/Unfair Practices Act matter)
  • Batzel v. Smith, 333 F.3d 1018 (9th Cir. 2003) (establishing immunity for Internet publisher against defamation suit)
  • Wiz Technology, Inc. v. Coopers & Lybrand, 106 Cal. App. 4th 1 (2003) (affirming summary judgment in accountants’ liability case)
  • Discover Bank v. Superior Court, 134 Cal. App. 4th 886 (2005) (upholding class action waiver and compelling arbitration)
  • Baker v. Washington Mutual Finance Group, LLC, 193 Fed. Appx. 294 (5th Cir. July 24, 2006) (approval of complex class action settlement)
  • Berry v. American Express Publishing, Inc., 147 Cal. App. 4th 224 (2007) (establishing that Consumers Legal Remedies Act does not regulate credit agreements)
  • Sanchez v. American Express Travel Related Services Co., 865 N.E.2d 410 (Ill. App. Ct. 2007) (affirming summary judgment in case relating to foreign currency conversion practices)
  • Carvalho v. Equifax Info. Servs., LLC, 629 F.3d 876 (9th Cir. 2010) (affirming summary judgment in favor of credit bureau on claim challenging reinvestigation practices)
  • Epstein v. JPMorgan Chase & Co., 2014 WL 1133567 (S.D.N.Y. Mar. 21, 2014) (dismissing class action relating to credit balances on credit card accounts)

HONORS & AWARDS

In June 2009, Mr. Newman was recognized at the Library of Congress by the William C. Burton Foundation for excellence in Plain English legal writing.

SELECTED ACTIVITIES

Mr. Newman was a key member of the pro bono legal team that obtained freedom for Mario Rocha, a Los Angeles teenager who was wrongfully convicted of murder. Mario served ten years in prison before ultimately being released on habeas corpus. Mr. Newman’s other pro bono projects have included service as a volunteer arbitrator and mediator in cases assigned by the Los Angeles County Superior Court.

Mr. Newman also previously served on the State Bar Litigation Section’s Complex Litigation Committee.

SPEECHES & EVENTS

  • Speaker, Metro 2, e-OSCAR and the New FCRA/CFPB Compliance Requirements, Lorman Education Services Webinar, January 2016
  • Panelist, "Data Security and Privacy Issues," PLI's 20th Annual Consumer Financial Services Institute, April 6-7, 2015
  • Speaker, "Best Practices for Drafting Arbitration Clauses," Bridgeport Continuing Education, Webinar, June 18, 2014
  • Panelist, "Class Action Developments," Practising Law Institute's 18th Annual Consumer Financial Services Institute, 2013
  • Presenter, Bridgeport Continuing Education's Annual Class Action Litigation Conferences, 2009, 2010, 2011, 2014

PUBLICATIONS

  • Co-author, "Election Implications for the CFPB," Stroock Special Bulletin, November 9, 2016
  • Co-author, "D.C. Circuit’s PHH Ruling Reins in CFPB," Stroock Special Bulletin, October 12, 2016
  • Co-author, "Payment Processing Continued Target of CFPB and Litigation," Stroock Special Bulletin, August 23, 2016
  • Co-author, "CFPB Proposes Amendments to TRID Rule," Stroock Special Bulletin, August 1, 2016
  • Co-author, "Recent Developments under the Servicemembers Civil Relief Act and the Military Lending," The Review of Banking and Financial Services, August 2016, Vol. 32, No. 8 
  • Co-author, "CFPB Proposes "Drastic Overhaul" of Debt Collection," Stroock Special Bulletin, July 29, 2016
  • Co-author, "CFPB Publishes Long-Awaited Proposed Rule Precluding Class-Action Waivers in Arbitration Agreements," Stroock Special Bulletin, May 5, 2016
  • Co-author, "2016 Annual Overview of California's Unfair Competition Law and Consumers Legal Remedies Act," Stroock Client Memorandum, March 2016
  • Co-author, "Supreme Court Ruling in Tyson Foods Leaves Many Class Action Questions Unresolved," Stroock Special Bulletin, March 22, 2016
  • Co-author, "Recent Developments in the Law Governing the Fiduciary Duties of Bank Directors," The Banking Law Journal, January 2016
  • Co-author, "Seventh Circuit Reverses Course On Dismissals Under Rule 68," Stroock Special Bulletin, August 12, 2015
  • Co-author, "California Supreme Court Issues Important Federal Arbitration Act Preemption Ruling," Stroock Special Bulletin, August 4, 2015
  • Co-author, "Seventh Circuit Rules No Heightened 'Ascertainability' Requirement," Stroock Special Bulletin, July 29, 2015
  • Co-author, "Seventh Circuit Reverses Dismissal of Data Breach Class Action on Standing Grounds," Stroock Special Bulletin, July 22, 2015
  • Co-author, "TCPA Verdict Used To Recruit Plaintiffs Through Social Media," Stroock Special Bulletin, July 14, 2015
  • Co-author, "FCC Issues TCPA Declaratory Ruling," Stroock Special Bulletin, July 13, 2015
  • Co-author, "FCC Votes On Pending TCPA Petitions," Stroock Special Bulletin, June 18, 2015
  • Co-author, "Court Dismisses Data Breach Action, Rejecting Multiple Standing Theories," Stroock Special Bulletin, June 3, 2015
  • "Where class actions belong," Daily Journal, May 6, 2015
  • Co-author, "CFPB Strongly Signals its Intent to Ban or Severely Limit Class Action Waivers and Pre-Dispute Arbitration Agreements," Stroock Special Bulletin, March 10, 2015
  • Co-author, "Class Action Settlements - Seventh Circuit Limits Injunctions of Competing State Actions and Ninth Circuit Clarifies Permissibility of Gift Cards and Incentive Awards," Stroock Special Bulletin, March 6, 2015
  • Co-author, "Recent Developments in Data Furnisher Liability under the Fair Credit Reporting Act," The Banking Law Journal, January 15, 2015
  • Co-author, "California Court Of Appeal Issues Important Federal Arbitration Act Preemption Ruling," Stroock Special Bulletin, December 22, 2014
  • "US high court could resolve pure 'injury-in-law' split," Daily Journal, November 25, 2014
  • Co-author, "Recent Development: Ninth Circuit Rejects State's Attempt to Obtain Double Recovery for Settlement Class," Stroock Special Bulletin, November 11, 2014
  • Co-author, "Eleventh Circuit Reverses District Court, Endorses FCC Interpretation of 'Prior Express Consent' Under The Telephone Consumer Protection Act," Stroock Special Bulletin, October 1, 2014
Quoted in:
 
  • "Judge rejects Tribune creditors’ attempt to claw back $8B from shareholders," The Deal Pipeline, January 12, 2017
  • "Tribune Creditors Blocked from Buyout Proceeds," The Wall Street Journal, January 9, 2017
  • "Supreme Court Delivers Victory for People-Search Firm Spokeo," Los Angeles Business Journal,
    May 17, 2016
  • "Attorneys React To Supreme Court’s Spokeo Ruling," Law360, May 16, 2016
  • "Supreme Court shields online databanks from being sued over minor mistakes," Los Angeles Times,
    May 16, 2016
  • "New Cyber Law Won't Be Liability Protection Panacea," Bloomberg BNA's Antitrust & Trade Regulation Report, February 19, 2016

ADMITTED TO PRACTICE

California

U.S. District Court, Central District of California; U.S. District Court, Northern District of California; U.S. District Court, Southern District of California; U.S. District Court, Eastern District of California; U.S. District Court, Northern District of Illinois; U.S. District Court, Southern District of Illinois; U.S. District Court, Eastern District of Michigan; Supreme Court of California; U.S. Court of Appeals, Second Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Fifth Circuit; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, D.C. Circuit; U.S. Supreme Court


CLERKSHIPS

Law Clerk, the late Hon. M. Blane Michael, U.S. Court of Appeals, Fourth Circuit


EDUCATION

J.D., with honors, University of Chicago, 1995; Member, The University of Chicago Law Review

A.B., magna cum laude in Economics, Harvard University, 1992; Member, The Harvard Crimson

 

PUBLICATIONS

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