Overview

Jai Singh is a partner and litigation attorney with Foley & Lardner LLP. His practice focuses on representing companies throughout the United States in high-stakes business and commercial litigation and the defense of consumer and employment class actions, primarily in the product retail and manufacturing, food and beverage, hospitality and leisure, multifamily housing and health care industries.

Jai has significant experience defending class action claims brought under California’s unfair competition and false advertising laws, including claims for product mislabeling and false pricing. Jai has defended contract based class claims and cases alleging violations of state privacy call recording statutes, the Consumers Legal Remedies Act (CLRA), the California Labor Code, the Employee Retirement Income Security Act (ERISA), the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), the Electronic Funds Transfer Act (EFTA), the Fair Credit Reporting Act (FCRA), the Real Estate Settlement Practices Act (RESPA), the Song-Beverly Credit Card Act and the Song-Beverly Consumer Warranty Act, among other state and federal statutes.

He also has substantial experience with multi-district litigation. Jai has succeeded in obtaining early dismissal of cases, defeating class certification, seeking summary judgement and winning at trial and in arbitration.

Jai is a frequent speaker and author on issues relating to case management, discovery, class action litigation, and statutory consumer protection laws, including California’s Unfair Competition Law (UCL), the False Advertising Law (FAL), and the CLRA.

Representative Matters

  • Representing global retailer in statewide false advertising consumer class action challenging product labeling in Central District of California.
  • Representing national golf club owner and operator in consumer class action challenging membership dues, fees and deposits. Removed case to Northern District of California.
  • Representing national utility billing company in statewide consumer class action challenging water and gas billing practices. Removed case to District of Massachusetts. Obtained denial of class certification and summary judgment. Defending defense judgment in the First Circuit Court of Appeals.
  • Represented global vacation and timeshare company in nationwide TCPA consumer class action venued in the Central District of California. Obtained early case dismissal by establishing lack of statutory requirements.
  • Represented national utility billing service provider in nationwide consumer class action venued in the Central District of California challenging industry wide allocation billing methodology. Defeated class certification. No appeal filed.
  • Represented global cheese and dairy company in statewide class action under Business & Professions Code 17200 and CLRA for alleged “all natural” mislabeling. Venued in state court in Los Angeles County. Obtained nuisance value settlement after class certification briefing.
  • Represented global vacation and timeshare companies in statewide privacy recording class actions. Removed individual cases to Southern District of California. Obtained early dismissals based on motions to dismiss.
  • Represented National Football League franchise in TCPA consumer class action venued in state court in Los Angeles County. Obtained early dismissal of the case based on evidence establishing no statutory violation.
  • Represented national financial services company in consumer class action challenging disclosure of financing fees under CLRA and Business & Professions Code Sections 17200 and 17500. Removed case to Southern District of California. Negotiated low value settlement while class certification ruling pending based on favorable rulings on motion to dismiss that narrowed claims and pre-certification discovery motions.
  • Represented national utility billing company in statewide consumer class action challenging utility billing fees and services. Removed case to District of New Jersey. Obtained dismissal without leave to amend on motion to dismiss.
  • Represented national car rental company in TCPA consumer class action venued in the Eastern District of California. Obtained summary judgment based on evidence of express written consent. No appeal filed.
  • Represented national REIT in statewide consumer class action in state court in Santa Clara County. Defeated class certification of claims brought by tenants for alleged unfair business practices under Business & Professions Code 17200 arising from handling of security deposit refunds at apartment communities. Affirmed on appeal by California Court of Appeals.
  • Represented national multi-brand restaurant owner and operator in statewide employment misclassification and wage and hour class action. Removed case to Central District of California. Defeated class certification. Affirmed on appeal by Ninth Circuit Court of Appeals.
  • Represented national owners and operators of apartment communities in various statewide consumer class action challenging water billing practices. Removed individual cases to Western District of Texas. Obtained low value class wide settlements after mediation based on favorable rulings on pleading challenges and pending dispositive motions.
  • Represented national utility billing company in statewide consumer class action for excessive billing and alleged overcharges. Removed case to Middle District of Florida. Obtained nuisance value settlement while motion for summary judgment pending.
  • Represented national maternity wear retailer in California state court false advertising and false pricing class action under Business & Professions Code sections 17200 and 17500, and CLRA. Removed to Southern District of California. Defeated class certification.
  • Represented global guitar manufacturer in a state court false advertising and CLRA consumer class action challenging product labeling as “Made in USA.” Removed case to Southern District of California. Obtained nuisance value settlement after narrowing claims on motion to dismiss while motion for summary judgment pending arguing substantial compliance.
  • Represented national hardware and parts retailer in false advertising consumer class action in Central District of California challenging advertised in-store and online discounts and promotions. Obtained early voluntary case dismissal based on month-long negotiations and exchange of evidence and case analysis.
  • Represented national beverage retailer in false advertising consumer class action in Central District of California challenging product label. Obtained low value case settlement on individual basis while motion for summary judgment pending.

Recognition

Jai has been Peer Review Rated as AV Preeminent® since 2009, the highest performance rating for ethical standards and legal ability, in Martindale-Hubbell® Peer Review Ratings™ system. He is the recipient of the Wiley W. Manuel Pro Bono Services Award for the years 2005, 2008, 2012, 2015, 2016 and 2019.

Publications

  • Co-author, “COVID-19 Related Class Actions Arising from Club Closures: A Look at Three Cases,” Foley Consumer Class Defense Counsel, August 10, 2020
  • Co-author, “California’s Ascertainability Requirement Following Noel v. Thrifty Payless, Inc.,” Foley Consumer Class Defense Counsel, June 10, 2020
  • Co-author, “Recent Decision from District of Oregon Denying Enhanced Damages Underscores Vast Liability Exposure Under the TCPA,” Foley Consumer Class Defense Counsel, June 28, 2019
  • Co-author, “En Banc Ninth Circuit Clarifies That Settlement Classes Are Not Held to Same Standard as Litigated Classes,” Foley Consumer Class Defense Counsel, June 7, 2019
  • Co-author, “Heightened Ascertainability Remains a Formidable Requirement to Achieving Class Certification in the Third Circuit: Administrative Feasibility Following City Select v. BMW Bank of North America,” Foley Consumer Class Defense Counsel, May 2, 2018
  • Co-author, “The Ninth Circuit’s Decision in In Re Hyundai Underscores The Challenges of Certifying Nationwide Classes,” Foley Consumer Class Defense Counsel, February 1, 2018
  • Co-author, “Taking the Pulse of Ascertainability in the Ninth Circuit after Briseno v. ConAgra Foods, Inc.,” Foley Consumer Class Defense Counsel, October 10, 2017
  • Co-author, “Clearing Up CAFA Post-Removal Amendments at 9th Circ.,” Law360 Expert Analysis, June 8, 2017
  • Author, “California’s Unfair Competition Law Prohibits More than Just ‘Unfair Competition,’” California Litigation Guide, October 2011
  • Author, “In re Tobacco II: Reflecting on the Supreme Court's Decision,” ABTL Report, Spring, 2010
  • Co-author, “In re Tobacco II: How Will the Supreme Court Rule?,” ABTL Report, Winter, 2009

Community Engagement

Jai is or has been actively involved in the following community organizations:

  • Board of Governors, Association of Business Trial Lawyers (San Diego chapter)
  • Board Member, San Diego County Bar Foundation
  • Past Board Member, Federal Bar Association (San Diego chapter)
  • Past Board Member, The Conflict Resolution Center

Memberships & Affiliations

  • American Bar Association
  • Association of Business Trial Lawyers
  • Federal Bar Association
  • Antitrust and Unfair Competition Law Section of the State Bar of California

Education

  • University of Iowa College of Law, (J.D., with distinction, 1998)
    • Managing editor, Journal of Corporation Law
  • Trinity University, (B.A., cum laude, 1994)
    • Political Science and Philosophy

Admissions

  • California
    • Trial Bar
    • U.S. District Court for the Southern District of California
    • U.S. District Court for the Central District of California
    • U.S. District Court for the Northern District of California
    • U.S. District Court for the Eastern District of California
  • United States Court of Appeals for the First Circuit
  • United States Court of Appeals for the Ninth Circuit   
    .