Ashley R. Fickel

Experience

Business and Commercial Litigation

• Represents clients in California Proposition 65 (Prop 65) enforcement actions, defending plaintiff and Attorney General claims, managing discovery and motion practice, negotiating settlements, and developing strategies to minimize litigation risk while maintaining regulatory compliance.
• Representation of property owners in real estate litigation including lease disputes and buy/sell disputes.
• Representation of international auction house in litigation arising out of disputed sales.
• Representation of manufacturers in Uniform Commercial Code (UCC) disputes, breach of warranty and breach of contract claims with vendors/suppliers and customers, and numerous consumer warranty claims on the individual and class level.
• Representation of a Spanish toy distributor in a dispute with a supplier regarding breach of supplier agreement, resulting in a favorable settlement.
• Representation of a property damage appraisal franchisor in a dispute with a franchisee regarding termination of three of the franchisee's locations.
• Representation of a real estate tech company in a dispute with a software developer over breach of a development agreement including failure to timely deliver product.

Class Action Litigation

• Representation of manufacturers and other businesses in consumer fraud and false advertising claims.
• Representation of national banks, debt collectors and other entities in defense of putative class actions alleging unauthorized call recording and monitoring under California Penal Code sections 630 and 632.
• Representation of financial services companies, debt collectors and other entities in defense of putative class actions alleging "blast fax," automated dialer and related claims under the Telephone Consumer Protection Act (TCPA).

Construction Litigation

• Representation of general contractors in all manner of business issues including financing issues, mechanic's liens and stop notices.
• Representation of contractors and subcontractors in construction litigation ranging from complex construction defects and construction delay claims.
• Representation of owners of residential and commercial properties in litigation against contractors for defective materials.

Consumer Financial Services Litigation

• Representation of major debt collectors in cases involving alleged violations of the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Priorities Act (FDCPA), including class actions.
• Representation of major mortgage servicers and lenders in numerous actions seeking to circumvent residential foreclosures in both state and federal court.
• Representation of loan servicers and lenders in individual and putative class action claims alleging denial or improper handling of residential loan modifications.

Automotive Industry Litigation

• Representation of auto manufacturers in disputes with their dealers.
• Representation of auto finance companies in a variety of consumer litigation. Author of a chapter in Practising Law Institute's Consumer Financial Services Answer Book on consumer auto finance law.

Data Privacy-Related Engagements

• Representation of financial institutions with respect to privacy-related issues, including defense of cases brought under the Telephone Consumer Protection Act (TCPA) and consultation regarding privacy issues captured in the Graham Leach Bliley Act (GLBA).
• Representation of financial institutions with respect to counsel and advice regarding the California Consumer Privacy Act (CCPA).

Recognitions

Professional & Civic Activities