Christian P. Foote is a counsel in the Business Litigation practice group.  Mr. Foote is a litigator who represents clients in business disputes and class actions involving claims of unfair competition and violation of the California Consumers Legal Remedies Act and false advertising laws, as well as high stakes real estate litigation, intellectual property and media law matters, including First Amendment claims, and anti-SLAPP issues.

Mr. Foote leverages his broad procedural knowledge, strategic vision and skill managing cost-efficient litigation teams to provide positive results for his clients.

Prior to joining Carr McClellan, Mr. Foote spent 8 years with an international AmLaw 100 law firm in San Francisco.

 Key Areas

  • Business litigation
  • Real Estate litigation
  • Consumer protection, antitrust, and unfair competition
  • Intellectual property litigation
  • Online Defamation/First Amendment/Anti-SLAPP
  • False Advertising and Commercial Speech

Industries

  • Food and Beverage
  • Technology
  • Life Sciences
  • Sports, Media, and Entertainment

Experience & Affiliations

Representative Matters

Commercial litigation and Unfair Competition

  • Obtained beneficial settlement in federal court on behalf of regional grocery store chain alleging price fixing under the Robinson-Patman Act against VC-backed online grocery and delivery business.
  • Obtained positive settlement on behalf of text message marketing company facing claims under Telephone Consumer Protection Act (TCPA).  Putative class plaintiffs had alleged liability based on FCC Order 15-72, which purported to vastly expand the definition of “autodialer” in the TCPA; successfully argued that the Order would likely be reversed in DC Circuit.
  • Secured multiple dismissals on behalf of large credit card issuer in consumer lawsuits alleging violations of the Fair Credit Reporting Act (FCRA) and California’s Rosenthal Act; advise lenders in connection with FCRA compliance.
  • Obtained a settlement on behalf of NEC Corporation and four of its Japanese and U.S. affiliates in MDL antitrust litigation in the U.S. District Court for the Northern District of California concerning an alleged global price-fixing conspiracy in the LCD flat panel and finished products markets.
  • Obtained an injunction on behalf of Travelport, LP precluding American Airlines from terminating its contracts with Orbitz.com and reinstating Orbitz's ability to display and ticket American Airlines flights. Decision affirmed on appeal.
  • Represent multinational enterprise software maker in $100 million + contract dispute with the State of California, State Controller's Office. Litigation related to software designed to coordinate payroll functions across all state agencies representing tens of thousands of state employees.
  • Served as consumer protection counsel for solar panel manufacturer in connection with securitization of leases. Advised company on compliance of draft lease with over 20 California consumer protection statutes.
  • Obtained beneficial settlement on behalf of large scale maritime engine manufacturer in product defect litigation.
  • Represent Chapter 11 liquidating trustee in fraudulent conveyance and other claims arising from failed Bitcoin mining manufacturing company.
  • Prevailed on several motions to dismiss and summary judgment on behalf of national banking association in variety of consumer claims alleging violations of UCC Article 4 provisions and associated regulations.

Intellectual Property

  • Represent Silicon Valley-based consumer genetics company in trademark infringement claims against primary competitor.
  • Represented Geographic Information System (GIS) consulting firm in copyright dispute with NASA regarding unauthorized use of software code.
  • Advised fast-growing regional brewery with respect to trademark and consumer protection issues as it related to beer labeling.

Real Estate and Environmental Litigation

  • Absolved REMIC trust investors from liability on claims of retaliatory eviction and habitability following trust's successful foreclosure on an apartment complex in Pittsburg, California. Successfully negotiated a settlement that required no financial contributions from investors.
  • Obtained a dismissal with prejudice on behalf of a lender of a high exposure lawsuit in connection with a failed construction project located in Los Angeles, California.
  • Represented CMBS special servicer in litigation with commercial borrower; successfully established full recourse liability due to breach of "special purpose entity" provisions of real estate loan documents.
  • Represented seller of commercial property in buyers' claims asserting various nondisclosures regarding covenants in tenants’ leases.
  • Advised financial institutions and bankruptcy trustees regarding lender and trustee liability issues arising from environmental laws such as CERCLA and California’s Porter­-Cologne Water Quality Act.  Guide decision­ makers regarding necessary timelines for disposition of property before environmental liability incepted.
  • Obtained multi-million dollar jury verdict in federal district court trial involving CERCLA and related state claims regarding disputed source of industrial solvent contamination; further obtained order resolving cross-complaint for CERCLA contribution in favor of client.
  • Obtained beneficial settlement for a Southern California film school in environmental contribution action under CERCLA against large manufacturer, which had sold client land for expansion. Obtained contribution for environmental cleanup costs despite adverse language in land sale contract negotiated by prior counsel.

Professional Organizations

  • ABA – Forum on Communications Law
  • California Lawyers Association – UCL
  • San Mateo County Bar Association, Membership Committee

Civic and Charitable

The Guardsmen of San Francisco

Insights