One of the preeminent retail and e-commerce attorneys in the country, Stephanie was one of the first lawyers to build a retail-focused practice aimed at providing a “one-stop shop” for retailers across the industry. Since then, she has defended and advised dozens of the most iconic retail brands, spanning from luxury brands, department stores, big-box stores, hotels and restaurants, in addition to many of the country’s most promising start-ups.
Named a Law360 “MVP in Retail & E-Commerce” for four consecutive years and the only law firm representative on the Board of the California Retailers Association, Stephanie helps clients build and maintain marketplace dominance while proactively addressing the multitude of federal, state and local consumer protection laws.
A seasoned trial lawyer, Stephanie has tried many civil jury actions to verdict, which have all resulted in defense verdicts or, in one case, a verdict that required no monetary payout from her client. One of her cases was selected by the California Daily Journal as one of the “Top 10 Defense Verdicts” of the year.
Stephanie has defended well over 50 consumer class actions brought under a broad array of consumer statutes, involving allegations of deceptive pricing, false advertising, federal and state privacy laws, “Made in the USA” claims and ADA website and Braille access cases, in addition to automatic renewal law, gift card law, call recording laws and violations of California’s Proposition 65. Many of her cases have involved nuanced technological issues, including data cooperatives, session replay, chatbots and social media pixel technology.
Stephanie’s discerning industry knowledge and extensive first-chair trial experience has also helped her provide practical advice to retailers looking to mitigate the risk of potential claims. She regularly advises retailers on issues relating to advertising, privacy, automatic renewals, accessibility and more.
Every year, Stephanie presents on emerging trends and issues to in-house legal counsels through the Retail Industry Leaders Association, National Retail Federation and other industry organizations.
Stephanie is a member of Benesch’s Executive Committee, Vice Chair of the Litigation Group and Partner-in-Charge of the firm’s San Francisco office.
*Matter completed prior to joining Benesch.
Representative Experience
- Persuaded two different courts that California Civil Code section 1670.8 (the “Yelp Law”) does not provide a private right of action where the allegedly unlawful terms were not threatened to be enforced against the plaintiff, in a case where plaintiffs were seeking $2,500-$5,000 per website visitor.
- Filed an amicus brief before the Supreme Judicial Court of Massachusetts on behalf of the National Retail Federation and the Retailers Association of Massachusetts to provide the Court with insight into the foundational importance of web analytics and advertising technologies to the modern digital economy, and the implications of this case for retailers. The Court ultimately found for Defendants in the case, a great result for our clients, and the majority opinion notably cited our brief in discussing the ubiquity of web analytics and advertising technology on the Internet, and the role these technologies play in the ecommerce ecosystem.
- Defended more than 80 class actions across the country alleging deceptive pricing practices with an unmatched track record, including in cases where her clients prevailed at trial, summary judgment, class certification, and multiple appeals.*
- Acting as outside marketing counsel for several household names, which routinely involves reviewing and revising pricing policy; advising on online and in-store marketing campaigns; representing the company in government actions for weights and measures violations; advising on changes to return policy; advising on changes to website’s terms and conditions; and advising on influencer negotiations and related agreements.*
- Engaged by largest retailer industry group in the country to prepare comments on updates to the FTC’s Endorsement Guides.*
- In support of a motion to dismiss based on feigned injury, secured prompt voluntary dismissal after introducing video surveillance footage showing Plaintiff taking photographs and videos of in-store price displays at the time she was allegedly duped into making a purchase.*
- Representing multiple retailers with respect to investigations by California’s “Greenwashing Taskforce” into their advertising of biodegradable and plastic-free products.*
- Representing multiple e-commerce companies with respect to investigations by the California Auto Renewal Taskforce (CART) into their subscription programs.*
- Defending fifteen retailers against claims brought under the federal Wiretap Act and California’s Invasion of Privacy Act (CIPA) concerning the alleged recording of chat conversations, use of session replay technology, and use of the Facebook Pixel.*
- Defended more than 100 retailers in more than 200 filed or threatened lawsuits nationwide alleging violations of federal and state disability laws such as the Americans with Disabilities Act (ADA), California’s Unruh Act, and New York’s Human Rights Law. Met with the Department of Justice in Washington, DC to discuss potential legislative solutions to this onslaught of litigation.*
