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Amy L. Pierce
Amy Pierce is a counsel in the law firm's Litigation practice and is located in the Sacramento and Los Angeles offices. She focuses on commercial litigation including highly complex matters and related federal and state law and regulatory compliance counseling.
Her considerable experience includes representing defendants in class actions claiming lender or merchant liability under California’s Consumers Legal Remedies Act, Unfair Business Practices Act, Foreign Translation Law, Rees-Levering Automobile Sales Finance Act, Song-Beverly Credit Card Act, and gift card law.
Prepaid, Gift Cards and Mobile Payments
Ms. Pierce is an active member of the Firm’s Consumer & Retail Team, and she routinely counsels clients on compliance with various state and federal laws and regulations across the U.S., including, for example, the federal CARD Act, Bank Secrecy Act, Prepaid Access Rules and Regulations, FinCEN’s virtual currency guidance, various Dodd-Frank Act provisions, and state privacy, gift card, unclaimed property, supply chain, money transmitter and escrow licensing laws. She is also an active member of the Firm’s Social Media, Entertainment and Technology Team. In this capacity, Ms. Pierce consults with various clients on virtual currency and mobile payment issues.
Her clients include traditional retailers and restaurants, as well as emerging Internet and e-commerce companies, which she advises on a variety of website and product launch issues, including online terms and conditions, virtual currency, marketing, regulated activities, privacy and data security, and online content regulation and liability. With the rise of social media and the launch of networking platforms and social features by e-commerce companies, Ms. Pierce has advised both platforms and enterprises on loyalty program launches and other social media activities.
In both public facility and private construction disputes, Ms. Pierce has significant experience representing project owners and contractors. She has represented clients in court and in mediation involving high-dollar disputes over breach of contract change orders, scheduling, sequencing, extended general conditions and other delay and impact claims. Ms. Pierce has also prosecuted and defended mechanics' liens, bond and construction defect claims. She has first-chaired several arbitrations before the California Contractors State License Board, and routinely interacts with the Board on behalf of clients. Ms. Pierce has also testified before the State Assembly Judiciary Committee on proposed amendments to California's Contractors Law. She also works with clients on licensing-related issues.
Ms. Pierce has defended property owners and lessees in disabled access cases brought in state and federal court under California’s Unruh Civil Rights Act and the national Americans with Disabilities Act.
Prepaid, Gift Cards, and Loyalty Programs
- Defended national bank in statewide consumer class action alleging violations of California’s Consumers Legal Remedies Act and Unfair Competition Law in the client’s business debit card rewards program and, separately, in the bank’s branded gift cards program.
- Defended national fabric and craft supplies retailer in a statewide consumer class action alleging violations of California’s CLRA and UCL in the company’s gift card policy and procedures.
- In two different cases, defended a major pharmaceutical company in a state-wide consumer class action alleging that its gift card policy and procedures violated California’s CLRA and UCL.
Song-Beverly Credit Card Act
- Defending a major footwear retailer in a statewide consumer class action alleging violations of California’s Song-Beverly Credit Card Act in connection with its receipts. Plaintiff was persuaded to voluntarily dismiss her causes of action for other alleged violations of the Act.
- Defended a major clothing retailer in a statewide consumer class action alleging violations of California’s Song-Beverly Credit Card Act by its point-of-sale policies and procedures in credit card transactions. Plaintiff was persuaded to voluntarily dismiss her complaint for lack of actual violations.
Rees-Levering Automobile Sales Finance Act
- Represented several automobile lenders and a car dealership over alleged violations of California’s Rees-Levering Automobile Sales Finance Act and Consumers Legal Remedies Act in connection with vehicle sales. Negotiated either dismissal of the lender or full indemnification of the lender by the dealer.
- Defended a large bank in a statewide consumer class action alleging ASFA violations in the client’s notice disclosure requirements.
- Defended lender in a class action under ASFA for alleged failure to comply with contractual disclosure requirements.
- Representing owner/manufacturer of solar project in connection with a dispute involving change orders and requests for payment for additional work on a construction of a mixed-use facility.
- Represented owner in disputes arising in connection with the general contractor on four projects filing for bankruptcy and subcontractors’ and materials’ suppliers’ claims for non-payment.
- Represented general contractor in a dispute involving change orders and requests for payment for additional work on a construction of a mixed-use facility.
9th Circuit Court of Appeals; United States District Courts for the Northern, Central and Eastern Districts of California and all California State Courts
Captain of Team Pillsbury Winthrop Shaw Pittman for the 2008 - 2011 Komen Sacramento Race for the Cure, Awarded No. 1 Corporate Team with the Highest Team Donation and No. 1 Corporate Team with the Highest Average Team Member Donation
Top 100 Fundraiser Club 2008 - 2011 Komen Race for the Cure Sacramento Valley Affiliate
Center Partnership Award from the Center For Youth Citizenship, September 2007
Co-Captain of Team Pillsbury Winthrop Shaw Pittman for the 2005 - 2007 Komen Race for the Cure, Awarded No. 1 Corporate Team with the Most Pledge Dollars Raised Per Team Member