Allison Libeu provides creative, practical, and strategic counsel to help her clients resolve complex commercial disputes and protect their business interests.
Ms. Libeu litigates high-stakes business disputes across a variety of areas, including business torts, contracts, class actions, securities fraud, and trade secrets. Ms. Libeu has successfully prosecuted and defended disputes involving company founders; the termination of C-suite executives; and claims that frequently arise in such cases, including claims related to breach of fiduciary duty and unfair competition as well as violation of nondisclosure, noncompete, and nonsolicitation agreements. Her national practice includes litigation at the trial and appellate levels in both federal and state courts, in addition to U.S.-based and international arbitration.
Ms. Libeu consistently achieves successful outcomes for her clients both before and at trial and has extensive experience in all stages of litigation—up to and including settlement negotiations and trial. She also regularly represents clients in appellate matters and arbitrations as well as in administrative and regulatory proceedings.
In addition to her practice, Ms. Libeu serves on the board of the Orange County chapter of the Association of Business Trial Lawyers, which promotes a dialogue between members of the Orange County bar and the county’s federal and state judges on matters affecting business litigation and the civil justice system. Ms. Libeu also sits on the board of the Constitutional Rights Foundation, an education organization dedicated to empowering Orange County youth to be active, responsible citizens.
Experience
Won a “record-setting” $293M verdict for Monster Energy Company against rival beverage company Vital Pharmaceuticals, Inc. in a false advertising, tortious interference, and trade secret case after a monthlong trial. The jury found Vital Pharmaceuticals Inc. and its CEO falsely advertised the “super creatine” ingredient of its billion-dollar Bang energy drink. The verdict is believed to be one of the largest, if not the largest, Lanham Act awards ever. (See “Monster Energy wins $293 mln false-advertising verdict against rival Bang,” Reuters; “Monster Wins $293M Verdict Against VPX In False Ad Trial,” Law360; “Monster Energy Wins $293 Million False Ad Award Over Bang,” Bloomberg Law).
Won “the largest-ever U.S. trademark awards” (Reuters) for Monster Energy Company against rival beverage company Vital Pharmaceuticals, Inc. Following a two-week trial, the arbitrator held that VPX’s Bang Energy does not contain advertised muscle-building creatine and infringed on “Bang” trademark. In the significant ruling, the arbitrator awarded Monster and Orange Bang $175 million in damages, nearly $10 million in attorney’s fees and costs, and a 5% royalty on all future sales of Bang Energy (with over $1.5 billion in annual sales). The award came after Ms. Libeu cross-examined Vital Pharmaceutical’s damages expert and obtained critical admissions about his methodology that undercut his opinions, which resulted in the arbitrator rejecting his disgorgement and royalty theories as a “post-litigation contrivance.” (See “Monster asks court to enforce $175 mln award against Bang Energy maker,” Reuters; “Monster, Orange Bang Win $175M Against Rival In Arbitration,” Law360).
Secured a complete defense victory for Amazon.com after a two-week arbitration trial of a lawsuit that eBay publicly promoted as an international racketeering and fraud conspiracy to unlawfully recruit eBay sellers to Amazon.com. (See “Amazon wins legal fight against eBay over alleged seller poaching,” CNN; “EBay Accuses Amazon Managers of Conspiring to Poach Its Sellers,” The New York Times; “EBay Accuses Amazon of Illegally Poaching Sellers,” The Wall Street Journal).
Successfully represented Hello Bello, widely recognized and beloved baby and family product company founded by Kristin Bell and Dax Shepard, in a trademark dispute with Hello Products. This dispute includes defending Hello Bello against claims of trademark infringement. After bringing counterclaims for cancellation of Hello Products’ purported trademarks on the basis that Hello Products does not have the exclusive right to use the word “hello” in advertising, Ms. Libeu obtained a favorable settlement allowing Hello Bello to continue making and selling its products.
Representing Epic Games in cases across multiple jurisdictions claiming that the company intentionally designed its games to addict players. (See “Activision, Epic, Video Game Developers Face Addiction Suit,” Bloomberg Law).
Defending Amazon.com and Twitch against multiple lawsuits arising out of the tragic May 2022 mass shooting at a grocery store in Buffalo, NY. Plaintiffs claim that Amazon.com, Twitch, and other social media services incentivized the shooter to commit his horrific crimes by, among other things, providing him with the ability to livestream his attack. Plaintiffs’ claims, which include product liability, negligence, and other torts, raise significant issues relating to the First Amendment and the scope of immunity for social media services under Section 230 of the Communications Decency Act.
Represented the CEO and co-founder of Gavrieli Brands, a women’s shoe company that manufactures the successful line of designer shoes called Tieks, in litigation regarding ownership and control of the business.
Represented Western Digital and its SanDisk subsidiaries in high-profile dispute with Toshiba over anti-transfer provisions in joint venture agreements governing the manufacture and development of NAND flash memory. The dispute included multiple arbitrations before the ICC International Court of Arbitration and Litigation in California trial and appellate courts, where SanDisk secured injunctive relief to aid the arbitrations. As one market analyst commented: “SanDisk/Western Digital has ultimately won the courtroom battle not once, not twice, but on every occasion both parties have had a legal dispute.” (See “The Toshiba Memory Sale Is Dead–Western Digital Will Benefit,” Seeking Alpha).
On the eve of an international arbitration hearing, obtained a nine-figure settlement on behalf of the CEO and founder of a major social networking app after the majority owner of the company attempted to terminate his employment. Obtained a preliminary injunction at the outset of the action preventing the CEO from being terminated pending the outcome of the arbitration.
Successfully represented one of the nation’s largest specialty staffing companies against the former CEO’s claims for wrongful termination and to invalidate his noncompete and non‑solicit obligations. Member of the team that obtained a favorable settlement on the eve of trial, which kept intact the former CEO’s “for cause” termination and reaffirmed his non-compete and non‑solicit obligations.
Obtained dismissal at the pleading stage of a lawsuit accusing the online dating app Grindr of failing to employ safety features that would have prevented a malicious impersonation scheme by the plaintiff’s ex‑boyfriend. (See “Grindr Not Responsible for Offensive Profiles, Court Says,” Law360).
Served as co‑trial counsel in a federal jury trial involving an insurance company’s breach of contract. The team secured a verdict for $6 million—six times the policy limits—when the jury found that the insurance company’s refusal to cover claims relating to the construction of a multimillion-dollar ocean view home was bad faith.
Won a series of motions to dismiss securities fraud cases for the CEO of a mortgage lender against plaintiffs who alleged fraud in connection with their purchase of mortgage-backed securities.
Represented a real estate services company in a nationwide class action with alleged damages exceeding $150 million. Shortly after the securing of bifurcation of damages and class membership from liability issues, the case settled for less than $10 million, including less than 20 percent of plaintiffs’ actual attorneys’ fees.
Defended a real estate services company in a complex breach of contract suit brought by the FDIC in its capacity as receiver for a failed financial institution. The FDIC alleged damages exceeding $100 million. After the defendant in a related case settled with the FDIC for $30 million, a favorable $12 million settlement was reached.
Won summary judgment for a leading international law firm, defeating a $20 million professional negligence claim. The court of appeal affirmed the decision.
Representing a global technology company against a disgruntled ex-employee accused of leaking trade secrets to the media.
Representing a global quick-service restaurant corporation against a former executive accused of trade secrets misappropriation.
Recognitions
- Top Women Lawyers in California, Daily Journal (2020 - present)
- Top 40 Under 40, Daily Journal (2019)
- Top 250 Women in Litigation, Benchmark Litigation
- 40 & Under Hot List, Benchmark Litigation (2019-2021)
- Named to the Super Lawyers list (2017-present)
- Key Lawyer for General Commercial Disputes, Legal 500
- Litigation Star, Benchmark Litigation (2023)
- Future Star, Benchmark Litigation (2021-2022)
- The Best Lawyers in America
- Leaders of Influence: Thriving in Their 40s, Los Angeles Business Journal (2022)
- Leaders of Influence: Top Litigators & Trial Attorneys, Los Angeles Business Journal (2023)
Activities
Board, Constitutional Rights Foundation
Former Board of Governors, Association of Business Trial Lawyers, Orange County Chapter