Eric Gibbs

Eric Gibbs

(510) 350-9710

Eric Gibbs prosecutes consumer protection, antitrust, whistleblower, financial fraud and mass tort matters. He has been appointed to leadership positions in dozens of contested, high profile class actions and coordinated proceedings, and currently serves in leadership positions in In re Equifax, Inc. Customer Data Security Breach Litigation, In re: Wells Fargo Auto Insurance Marketing and Sales Practices Litigation, In re Risperdal and Invega Product Liability Cases, In re Banner Health Data Breach Litigation. Eric has recovered nearly a billion dollars for the clients and classes he represents, and has negotiated groundbreaking settlements that resulted in meaningful reforms to business practices, and have favorably impacted plaintiffs’ legal rights.

Class counsel skillfully presented Class members' claims while opposed by a sophisticated company represented by experienced litigators.

- U.S. Magistrate Judge, Western District of Missouri

  • California
  • awards+

    Lawyer of the Year Award – Mass Tort Litigation/Class Actions in Oakland, CA, Best Lawyers, 2022

    Top Ranked for Nationwide Product Liability: Plaintiffs, Chambers USA, 2023, 2022

    Best Lawyers, 2012-2023
    Recognized by Best Lawyers for his work in mass tort litigation, class actions, and privacy and data security law

    Lawdragon 500 Leading Plaintiff Consumer Lawyer, Lawdragon, 2019-2023

    Lawdragon 500 Leading Plaintiff Financial Lawyer, Lawdragon, 2020-2023

    Titans of the Plaintiffs Bar, Law360, 2019

    California Lawyer Attorney of the Year (CLAY) Award, Daily Journal and California Lawyer Magazine, 2019

    Top Plaintiff Lawyers in California, Daily Journal, 2020, 2019, 2016

    Cybersecurity & Privacy MVP, Law360, 2018

    Consumer Protection MVP, Law360, 2016

    Super Lawyers, 2010-2022
    Top 100 Lawyers in Northern California

    Named among the highest class of attorneys for professional ethics and legal skills by Martindale Hubbell

    Consumer Attorneys of California
    Finalist for 2013 Consumer Attorney of the Year

    • J.D., Seattle University School of Law, 1995
    • B.A., San Francisco State University, 1992

    Fellow, American Bar Foundation

    Consumer Attorneys of California

    • Board of Directors, Board of Governors

    American Association for Justice

    • Board of Governors
    • Co-founder and past co-chair Consumer Privacy and Data Breach Litigation Group
    • Co-founder and past co-chair of AAJ Litigation Group
    • Past editor of Class Action Litigation Group newsletter
    • Creator and co-chair of Class Action Litigation Group Objector Database and task force

    Public Justice- Class Action Preservation Project Committee

    American Bar Association

    National Association of Consumer Advocates

    Association of Business Trial Lawyers

    San Francisco Trial Lawyers Association

    Presentations & Articles+

    How to Combat Biases in Your Office
    American Association for Justice Annual Convention

    July 2023

    “Attorney’s Fees,” and “Cross Pollination: Diversifying Your Case Garden,” Co-Chair & Presenter
    HB Litigation Conferences, Consumer Class Actions

    May 2016

    Best Practices for Class Action Settlements
    American Conference Institute Defending and Managing Class Action Seminar

    April 2016

    Ethical Considerations in Class Action Settlements
    ABA National Symposium on Class Action Litigation in America

    March 2016

    Consumer Privacy and Data Breach Litigation Group Meeting, Co-Chair & Presenter
    American Association for Justice Winter Convention

    February 2016

    Lessons from Recent Automotive Industry Class Actions
    Law Seminars International, Global Auto Defect Class Action Seminar

    December 2015

    Volkswagen Class Action and MDL Seminar – Diesel Emissions Scandal
    Bridgeport Continuing Education

    November 2015

    Employment Cases from A to Z
    Consumer Attorneys of California 54th Annual Convention

    November 2015

    Insights and Legal Remedies in Lumber Liquidators Litigation
    HB Litigation Conferences

    May 2015

    Consumer Privacy and Data Breach Litigation Group Meeting, Co-Chair
    American Association for Justice Winter Convention

    February 2015

    New and Developing Practice Areas- Riding the Wave in Pharmaceutical, Employment, Privacy and ERISA Litigation
    Consumer Attorneys of California Annual Convention

    November 2014

    Getting Your Settlement Approved
    Bridgeport Continuing Education 2014 Class Action Litigation & Management Conference

    September 2014

    Beyond the Mass Tort: Class Action Cases Arising from Big Pharmaceutical Wrongdoing
    Consumer Attorneys of California Hawaii Seminar

    December 2013

    When Settlement Became a Dirty Word: What To Do If You Actually Want to Settle a Case in the Ninth Circuit
    Consumer Attorneys of California Annual Convention

    November 2013

    Complex Fee Issues in the Class Action Settlement Process
    National Association of Legal Fee Analysis 2013 Attorneys Fees Conference

    October 2013

    Class Certification Developments in Consumer Litigation
    American Association for Justice 2013 Annual Convention

    July 2013

    Consumer Class Actions in the Wake of Daughty v. American Honda Motor Company
    CAOC Forum Magazine

    January 2009

    Reputation and Recognition by the Courts

    In over twenty years of practice, Eric has developed a distinguished reputation with his peers and the judiciary for his ability to work efficiently and cooperatively with co-counsel, and professionally with opposing counsel in class action litigation.

    [Mr. Gibbs] efficiently managed the requests from well over 20 different law firms and effectively represented the interests of Non-Settling Plaintiffs throughout this litigation.

    Judge Wu, In re Hyundai & Kia Fuel Economy Litigation (C.D. Cal)

    The attorneys who handled the case were particularly skilled by virtue of their ability and experience.

    Judge Debevoise, In re: Mercedes-Benz Teleaid Contract Litigation (D.N.J.)

    They are experienced and knowledgeable counsel and have significant breadth of experience in terms of consumer class actions.

    Judge Sabraw, Mitchell v. American Fair Credit Association (Alameda County Superior Court)

    Representation was professional and competent; in the Court’s opinion, counsel obtained an excellent result for the class.

    Judge Fogel, Sugarman v. Ducati North America (N.D. Cal)

    Achievements and Leadership

    Eric has been widely recognized for his professional excellence and achievements, and has been selected by numerous publications as a leading lawyer in the field of Class and Mass Actions.

    In 2019, Law360 recognized Eric among its “Titans of the Plaintiffs Bar,” one of only 10 attorneys nationwide to receive the award, honoring “influential plaintiffs lawyers who had significant wins in 2018.” He also received the 2019 California Lawyer Attorney of the Year (CLAY) Award for his work in the Anthem Data Breach Litigation. The Daily Journal named Eric to its prestigious list of “Top Plaintiff Lawyers in California” for 2019 and 2016, and Law360 recognized Eric as a “2016 Consumer Protection MVP,” the only plaintiff-side lawyer in the country selected in that category. In 2018, Law360 named Eric a “Cybersecurity & Privacy MVP,” one of only five attorneys who received the honor nationwide. Consumer Attorneys of California selected Eric and co-counsel as finalists for the Consumer Attorney of the Year award for their work in achieving $100 million settlement in the Chase “Check Loan” Litigation.

    His cases have been chronicled in major legal and news publications including NBC News, CNN, the National Law Journal, The New York Times, Auto Week, Market Watch, and Bloomberg News.

    Eric holds a variety of leadership positions in professional associations dedicated to consumer advocacy, and he is frequently called upon to present on developing trends in the law at conferences throughout the country. Eric heads our California whistleblower attorney practice group.

    Litigation Highlights

    In re Anthem, Inc. Data Breach Privacy Litigation
    Served as a court-appointed member of the Plaintiffs’ Steering Committee representing the interests of plaintiffs and putative class members following a massive data breach of approximately 80 million personal records. The lawsuit settled in August 2018 for $115 million, the largest data breach settlement in history.

    In re Chase Bank U.S.A., N.A. “Check Loan” Contract Litigation
    Multidistrict litigation that alleged Chase Bank wronged consumers by offering long-term fixed-rate loans, only to later more-than-double the required loan payments. Eric led negotiations in the case, which resulted in a $100 million settlement with Chase eight weeks prior to trial.

    In re Adobe Systems Inc. Privacy Litigation
    As court-appointed lead counsel, Eric and his team reversed a long line of decisions adverse to consumers whose personal information was stolen in data breaches. Judge Koh issued a 41 page decision in plaintiffs’ favor and Eric negotiated a comprehensive reform of Adobe’s data security practices. The court’s landmark decision on Article III standing in this case marked a sea change and has been cited favorably in over twenty cases in the year since it was issued.

    Skold v. Intel Corp.
    After more than a decade of litigation, Eric as lead counsel achieved a nationwide class action settlement on behalf of approximately 5 million consumers of Intel Pentium 4 processors. The lawsuit changed Intel’s benchmarking practices and Intel agreed to a cash settlement for the class, along with $4 million in charitable donations.

    Parkinson v. Hyundai Motor America
    Eric served as class counsel in this lawsuit alleging that the flywheel and clutch system in certain Hyundai vehicles was defective. After achieving nationwide class certification, Hyundai agreed to a settlement that provided for 50-100% reimbursements to class members for their repairs and full reimbursement for rental vehicle expenses.

    De La Cruz v. Masco Retail Cabinet Group
    Eric served as lead attorney litigating the collective claims of dozens of misclassified account representatives for overtime pay under the Fair Labor Standards Act (FLSA). Successfully certified a class of current and former Masco account representatives and personally arbitrated the case to judgment obtaining full recovery for the class.

    In re Providian Credit Card Cases
    Eric played a prominent role in this nationwide class action suit brought on behalf of Providian credit card holders alleging that Providian engaged in unlawful and fraudulent business practices in connection with the marketing and fee assessments for its credit cards. The Honorable Stuart Pollack approved a $105 million settlement, plus injunctive relief—one of the largest class action recoveries in the United States arising out of consumer credit card litigation.