Jacob Harper is a member of Morrison & Foerster’s consumer class action, privacy and appellate litigation groups. He defends litigation at the intersection of business, privacy, communications, free speech and consumer protection law in a broad array of trial and appellate matters in state and federal courts.
Mr. Harper’s consumer and business litigation includes representing clients in a wide variety of industries, including Internet retailing, streaming video programming, behavioral advertising, sports and gaming, food and beverage, ammunition, and parcel delivery. He regularly defends high-stakes class actions and business litigation involving unfair competition, privacy, copyright, trademark, disability discrimination, state consumer protection laws (including the California Business and Professions Code §§ 17200 and 17500, and the Consumers Legal Remedies Act), and other commercial and consumer disputes.
In his privacy practice, he advises tech companies, online entertainment providers and retailers on emerging litigation and pre-litigation privacy issues under state and federal privacy laws, including the Electronic Communications Privacy Act, Stored Communications Act, Video Privacy Protection Act, state law equivalents and common law privacy theories.
As part of his appellate practice, Mr. Harper regularly works on case-dispositive motions, appeals and petitions for extraordinary relief in matters concerning business, free speech and injunctive relief issues. He has handled matters before the Ninth Circuit and California Court of Appeal, and he is a member of the LA County Bar’s Appellate Courts Committee and Association of Business Trial Lawyers.
Mr. Harper has been an annual recipient of the California Bar Association's Wiley W. Manuel Certificate since 2010 for his involvement in the firm's pro bono matters. His pro bono matters range from helping an elderly client obtain a court order canceling a forged deed that fraudulently conveyed his property to a fictitious corporation, to assisting a prisoner with an appeal arising from his challenge to a state prison’s denial of his transfer request, to filing a brief in the Ninth Circuit for the National Disability Rights Network as amicus curiae in a challenge to state cuts for adult health services.
Mr. Harper joined Morrison & Foerster in 2008 following graduation from The University of Chicago Law School, where he was an Unterman Scholar and Martini Scholar and served on the managing board of the Chicago Journal of International Law. He received his B.A. in English and political science from UCLA, magna cum laude, Phi Beta Kappa, and with Highest Departmental Honors. During law school, he served as a judicial extern to the Honorable R. Gary Klausner, United States District Judge for the Central District of California, and was a summer associate with the firm.
Representative matters include:
- Representing leading provider of subscription-based streaming videos on appeal after obtaining published dismissals without leave to amend of class claims alleging misrepresentation and disability discrimination relating to Internet-based closed captioning practices (Ninth Circuit and Northern District of California). See, e.g., Cullen v. Netflix, Inc., 880 F. Supp. 2d 1017 (N.D. Cal. 2012); Cullen v. Netflix, Inc., No. 5:11-cv-01199, 2013 U.S. Dist. LEXIS 4246 (N.D. Cal. Jan. 13, 2013).
- Obtaining dismissals and settlements for pioneering behavioral advertising developers in smartphone “tracking” and “zombie cookie” privacy class actions (various state and federal courts in California, Missouri, New York and Texas).
- Obtaining permanent injunctions—and affirmance on appeal in a published decision—to protect the business operations of a national grocery chain in the face of solicitation and petitioning disputes (as well as obtaining temporary restraining orders, preliminary injunctions, summary judgments and post-trial judgments in various similar cases) (California Court of Appeal and various California superior court venues). See, e.g., Ralphs Grocery Co. v. Missionary Church of the Disciples of Jesus Christ, 140 Cal. Rptr. 3d 610, 205 Cal. App. 4th 490 (Cal. Ct. App. 2012) (depublished by grant of review; review dismissed).
- Obtaining summary judgments in trademark infringement and counterfeiting disputes for the owner of a popular trading card game (Central District of California).
- Obtaining dismissal of counterclaims and partial summary judgment in trademark and business dispute between distributors of foreign-made ammunition (Central District of California).
- Obtaining summary judgment, with affirmance on appeal, of nationwide individual and class actions—after the class was certified—for unfair competition and other challenges to a national franchise system and brand (Ninth Circuit California, California Court of Appeal, Central District of California, Los Angeles Superior Court). See Samica Enters. LLC v. Mail Boxes Etc., Inc., 637 F. Supp. 2d 712 (C.D. Cal. 2008), aff’d, 460 Fed. Appx. 664 (9th Cir. Dec. 1, 2011); G. I. McDougal, Inc. v. Mail Boxes Etc. USA, No. B226112, 2012 Cal. App. Unpub. LEXIS 243 (Cal. Ct. App. Jan. 12, 2012).
- Obtaining partial reversal of trial court’s order awarding attorney fees and costs from dissolution judgment and subsequent mandate and supersedeas petition. SeeDouglas R. Ring, Inc. v. Marasco, No. B213965, 2010 Cal. App. Unpub LEXIS 3099 (Apr. 28, 2010).