Chad S. Hummel

Trials & Commercial Disputes

Chad has tried more than 50 civil and criminal cases to verdict in federal and state courts across the United States and has appeared for clients in dozens of arbitrations and other alternative dispute resolution (ADR) settings. Known for handling mission-critical matters, Chad brings together skilled trial advocacy, substantive legal knowledge, and strategic business judgment. In his trials, he has represented clients in the entertainment, media, sports, technology, health care, financial services, hospitality, telecommunications, consumer products, airline, agribusiness, and real estate sectors. His experience spans a range of complex business disputes, including antitrust, class actions, intellectual property including patents, advertising and marketing, unfair competition, consumer protection, breach of fiduciary duty, profit participation, data theft, fraud, and Racketeer Influenced and Corrupt Organizations Act (RICO) actions.

Regulatory Investigations

In addition to his litigation practice, Chad has advised numerous public and private companies in connection with regulatory investigations and actions by governmental agencies, including the US Department of Justice, Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), Securities and Exchange Commission, and numerous state attorneys general.

Representative Antitrust Experience

• A US fast-fashion company in connection with antitrust claims asserted by a startup competitor; prevailed initially on a Rule 12 motion to dismiss a Sherman Act Section 2 monopolization claim and then prevailed on summary judgment on all remaining claims, including a Sherman Act Section 1 group boycott claim and related tortious interference causes of action.
• A global live-event management company in Sherman Act Section 1 tying, exclusive dealing, and monopolization cases brought by ticket brokers alleging the client’s website terms of use and ticket purchase policies were anticompetitive; prevailed on motions to dismiss as to tying claim; the matter settled favorably during trial on Section 2 claims.
• A hospital, ambulatory surgical center, and health system in an exclusive dealing, tying, attempted monopolization, and unfair competition case involving provider system contracts with insurance plans; prevailed on summary judgment on all claims; reversed as to a Section 1 tying claim; prevailed in jury trial.
• A leading large-format motion picture production and exhibition company in a patent infringement and antitrust lawsuit involving patented technologies surrounding the conversion of 2D live-action films to 3D; prevailed in a permanent injunction bench trial enjoining competitive processes and defeated antitrust counterclaims on summary judgment.
• An online digital music provider in a case involving alleged patent infringement and Sections 1 and 2 allegations of monopolization through patent fraud (Walker Process claim); prevailed on summary judgment of noninfringement and patent invalidity; and the matter settled during jury trial on antitrust and contract claims.
• A home health and hospice provider in a California state court class action and California's Unfair Competition Law matter alleging illegal use of a database to calculate health insurance reimbursements; prevailed on demurrer.
• A global live-event management company in a Sections 1 and 2 and Unfair Competition Law case alleging illegal exclusive dealing and monopolization of the ticketing services market; prevailed on summary judgment.
• A high-speed cable internet service provider in a nationwide consumer class action brought under Sherman Act Section 1, alleging tying of internet service with cable services provided by major cable companies; defeated a motion for class certification.
• A global agricultural science company in a Section 2 monopolization case and a Section 1 tying case alleging monopolization of the pesticide market; prevailed in a jury trial.
• A US computer hardware company in a three-month jury trial on Section 2 allegations regarding monopolization of the aftermarket for ink supply for its inkjet printers; prevailed in a jury trial.
• A US airline in a Sherman Act Section 1 case brought by a nationwide class of travel agents alleging price-fixing arising out of the 1995 commission caps implemented by seven major airlines.
• A Canadian motion picture production company in a Section 2 case alleging that it had illegally monopolized the market for large-format projection systems; prevailed on summary judgment.
• A Canadian motion picture production company in a Clayton Act Section 7 case enjoining a merger that would have tended to create a monopoly in the ride-simulator market; an injunction granted for the client.
• A US airline in a predatory pricing Section 2 monopolization case arising out of its pricing program; prevailed in a jury trial.
• A US aircraft engine company in a federal criminal prosecution under Section 1 for price fixing in the airplane landing gear industry; obtained a declination of prosecution.
• One of the US's largest railroads in a Section 2 case alleging monopolization of the coal transportation market under Section 2; settled.
• A US television and radio station company in a federal criminal prosecution under Section 1 alleging bid-rigging and territorial allocation in the outdoor advertising industry; FRCP Rule 11 plea.

Representative Commercial Litigation

• A global hospitality company in bankruptcy litigation adverse to the ownership group of a California hotel arising out of the breach termination of the hotel management agreement; obtained a favorable claim estimation ruling, then served as lead counsel in a follow-on arbitration proceeding and achieved an eight-figure damage award in favor of the client.
• Multiple matters in connection with alleged breaches of so-called “long-term, no-cut” hotel management agreements involving landmark hotels and resorts throughout the world.
• A US investment firm in a successful prosecution of an eight-figure guarantee on real property in Los Angeles.
• A sports apparel and athletic shoe company in a third-party investor lawsuit related to alleged misrepresentations over a retail operation agreement; a complete defense verdict was obtained after a two-week jury trial.
• A US entertainer in her conservatorship and business management in a successful prosecution of a permanent restraining order and in prior disputes regarding management.
• Two of the world's largest media companies in a nationwide class action alleging violation of state lottery laws in connection with TV reality shows.

Representative Intellectual Property Cases

• A global toy manufacturer in a punitive damages trial after a prior jury had awarded damages for misappropriation of name, image, and likeness and trade dress infringement.
• A global live-event management company in a trade secret and patent suit involving intellectual property covering 3D motion picture projection and film conversion.
• A US mass media and entertainment company in a trade secret, idea theft, and copyright case involving a hit television show.
• A plaintiff class of retired NFL football players in an action against their union for failing to pay licensing royalties; obtained a $28 million verdict.
• A gaming company in a trade secret misappropriation and copyright dispute with a mobile game developer over massively multiplayer online games (MMOGs).
• A worldwide telecommunications company in a trademark and unfair competition dispute arising out of the acquisition of a contract-free mobile service provider.
• An online digital music provider in a trade secret misappropriation, patent, and contract dispute with a music recognition service resulting in invalidating patents and a defense judgment.
• A leading shoe designer and retailer in litigation against a US actor for alleged infringement of her right of publicity.

Representative Trade Secrets & Unfair Competition Litigation

• A California mortgage company in a landmark data theft and fraud jury trial, obtaining a $25 million verdict in California state court against mortgage loan officers and a new employer; litigated trade secret misappropriation issues and prevailed prior to trial; this case is often cited in mortgage industry publications as effecting a compliance “sea change” in how mortgage banks and loan officers may permissibly recruit and transition to new employers.
• A US residential mortgage company in a breach of fiduciary duty and fraud case against a commercial bank and a former employee based on data theft and confidentiality obligations.
• A US business software company in an injunction trial successfully defending against claims of false advertising in a national, high-profile television claim under the Lanham Act asserted by a rival.
• A US education technology company and a for-profit online university in an action brought by the California attorney general alleging unfair trade practices and violations of California’s false advertising law based on allegations of recruiting misconduct and seeking $75 million in restitution and civil penalties.
• An online dating service company in Federal Trade Commission litigation alleging violations of the FTC Act and Restore Online Shoppers' Confidence Act (ROSCA) relating to member acquisition and subscription practices.
• A US video programming distributor in an FTC lawsuit alleging deceptive advertising conduct and alleged violations of ROSCA and seeking injunctive and monetary relief of $4 billion; federal district court granted in part the client’s motion for judgment on partial findings after the FTC rested its case-in-chief, and the FTC thereafter dismissed the case with prejudice.
• A direct mortgage lender in arbitration and follow-on litigation against a former senior manager for breaches of contractual and fiduciary duties resulting in a multimillion-dollar award in favor of the client, which was affirmed on appeal, and in related Texas court litigation against a competitor mortgage bank regarding recruitment and data practices.

Representative White Collar & Investigation Cases

• A Hollywood private investigator and fixer in his federal criminal trial involving charges of RICO (racketeering), “honest services” wire fraud, identity theft, computer fraud, and unauthorized access to government computer systems.
• A world-renowned pop singer and dancer in business disputes with management and conservatorship.
• An Oscar-winning film director in disputes involving prosecutorial and judicial misconduct.

Personal Interests

In his free time, Chad enjoys travel, the arts, golf, tennis, and spending time with his family — he is also a die-hard Minnesota Vikings fan. He is member of the board of directors of a nonprofit charitable organization called Together California, which is a beacon of hope for vulnerable children in the foster care system, providing a loving home, education, and cultural opportunities.