REPRESENTATIVE EXPERIENCE
Nicole C. Mueller
Class Action Defense
Defense counsel for a global energy trading company and its US subsidiary in a series of federal class actions and a civil action by the California Attorney General involving allegations of market manipulation and violations of the antitrust and unfair competition laws stemming from trading activity in the California gasoline spot market.
Defended a credit card issuer against Telephone Consumer Protection Act claims (TCPA).
Defended a pharmaceutical company against a class action lawsuit alleging that facsimiles sent by the marketing contractor violated the Telephone Consumer Protection Act (TCPA).
Represented one of the largest vending machine operators in the United States in a complex consolidated consumer class action regarding pricing practices and alleged deceptive labeling practices with claims brought under state consumer protection statutes of over 30 states, claims for unjust enrichment, consumer fraud, conversation, and breach of contract.
Defended a solar panel manufacturer against class action involving contract, warranty, Magnuson-Moss Warranty Act, California Consumer Legal Remedies Act, and California Unfair Competition Law claims.
Represented a medical equipment company in class actions brought in multiple jurisdictions alleging violation of the Florida Telephone Solicitation Act (FTSA) and Telephone Consumer Protection Act (TCPA).
Complex Litigation and Arbitration
Obtained dismissal of lawsuit against a film studio and film producers alleging that depiction of characters as members of particular ethnic group defamed all members of that group.
Represented a financial institution in actions brought in multiple jurisdictions by municipalities alleging violations of the Fair Housing Act.
Defended a global beverage manufacturer in AAA arbitration involving dealership terminations.
Represented a consumer product servicer in a breach of contract dispute stemming from sale of business and ancillary non-competition agreements.
Obtained full arbitration award in favor of a subcontractor in dispute over construction of troop housing on US air base before International Chamber of Commerce (ICC).
Represented a financial institution in adversary proceedings seeking to discharge private educational loans, including multiple victories obtained at the pleading stage.
Securities Litigation and Regulation
Represented a high-profile individual in a class action applying then-untested theories regarding whether an individual who discussed cryptocurrencies on YouTube or other social media platforms could be considered a "seller" of securities under the federal securities laws.
Obtained dismissal of a derivative lawsuit filed against a public automobile importer and served as the primary drafter of a writ of mandamus filed with the Nevada Supreme Court, calling upon the Court to establish pleading requirements applicable to derivative actions in the State of Nevada.
Defended a public marketing technology company in series of class action and derivative lawsuits alleging securities fraud and failure of corporate governance, obtaining favorable settlement and successfully shepherding settlement through the process of obtaining court approval.
Obtained summary judgment for an investment advisor in lawsuit alleging excessive fees in violation of Section 36(b) of the Investment Company Act of 1940.
Pro Bono Experience
Represented pro bono individuals seeking asylum or similar relief in the United States, including obtaining relief for two clients following contested evidentiary hearings before the US Immigration Court.
Investigated an individual's claims that he was tortured by the Chicago Police Department into confessing to a murder and presented findings and recommendation to the Illinois Torture Relief Commission, who adopted the recommendation.
