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REPRESENTATIVE EXPERIENCE

Robert W. Sparkes, III

Defend global online retailer in putative class action alleging deceptive labeling of melatonin supplements and asserting claims for violation of Washington and New York consumer protection laws, breach of warranty, breach of contract, and unjust enrichment
Defend global online retailer in putative class action alleging deceptive and misleading labeling of over-the-counter “non-drowsy” cold medication and asserting claims for violation of Washington, Wisconsin, and Ohio consumer protection laws, breach of express and implied warranties, and unjust enrichment
Defend global online retailer in putative class actions alleging false advertising and deceptive labeling of spices and asserting claims for violation of Washington, California, and Pennsylvania consumer protection laws, as well as various common law causes of action
Defend global online retailer in putative class action alleging unlawful marketing and sale of children's toy figurines in violation of the California Unfair Competition Law
Defend global online retailer in putative class action alleging deceptive and misleading advertising of a consumer video game console and asserting claims for violation of the Illinois Consumer Fraud Act, breach of express warranty, breach of implied warranty, and unjust enrichment
Defended a sports entertainment company in a putative class action in Connecticut alleging breach of contract and violations of state law regarding treatment of athletes as independent contractors; successfully moved to dismiss all claims
Defended a national mortgage loan servicer in putative class actions in Pennsylvania and California challenging certain disclosures contained in servicer’s custom loan modification agreements; obtained dismissal of two cases on motions to dismiss and defeated class certification in the other case
Defend national mortgage loan servicer in putative class action in Washington challenging property preservation and inspection activities performed on vacant or abandoned homes before foreclosure; successfully opposed and defeated class certification
Defend national mortgage loan servicer in putative class action in West Virginia alleging violation of state debt collection and foreclosure laws and raising issues regarding the enforceability of mandatory arbitration provisions and class action waivers; obtained an order compelling individual arbitration after successful appeal to the West Virginia Supreme Court of Appeals
Defend national mortgage loan servicer in putative nationwide class action in New York alleging improper charging of private mortgage insurance to consumers; successfully moved to dismiss all claims
Defend national mortgage loan servicers in several putative class actions brought by consumers in Massachusetts, Delaware, and New York, among other states, alleging state and federal law claims in connection with the servicers’ participation in the Home Affordable Modification Program (“HAMP”)
Defend national settlement service provider in complex action alleging that client’s business, which provided real estate closing services to mortgage lenders, violated the unauthorized practice of law provisions of Massachusetts law, including representation before the US Court of Appeals for the First Circuit and the Supreme Judicial Court of Massachusetts
Represent home security company in complex software-related litigation in Delaware Chancery Court seeking recovery of intellectual property, trade secrets, and technology improperly obtained by competitor, including through expedited pre-trial proceedings and a bench trial; successfully obtained post-trial injunction
Represent global contractor in an arbitration before the International Chamber of Commerce arising from the construction of an oil refinery megaproject valued at US$8 billion
Defend trustees for mortgage-backed securities trusts and national mortgage loan servicers in actions alleging violation of state foreclosure laws, including litigation arising from challenges to trustees’ or servicers’ standing to foreclose under state law
Defend national automobile and auto finance companies in connection with state court litigation matters involving products liability, repossession, and lemon law issues under Massachusetts law
Defend large door manufacturing company in several personal injury and products liability cases in Massachusetts state court
Represent national credit card companies in connection with FDIC enforcement matter and implementation of remediation plan related to the marketing and sale of credit card add-on products
Assist consumer financial institutions in responding to subpoenas, civil investigative demands, and complaints/inquiries from state attorneys general and federal banking regulatory agencies, including the Consumer Financial Protection Bureau
Represent pro bono individual immigrants seeking permanent resident status in the United States, including defending several unaccompanied minors through the “Kids In Need of Defense” (“KIND”) organization and adult individuals through the Political Asylum / Immigration Representation Project
Represent pro bono several prison inmates at Massachusetts Correctional Institution-Cedar Junction alleging civil rights violations, including excessive use of force and unconstitutional conditions of confinement, stemming from the aftermath of a cell-block disciplinary incident
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