Anne Kelts Assayag

Associate

Baker & McKenzie LLP

Palo Alto

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Biography

Anne Kelts Assayag is a litigation associate in Baker McKenzie's Palo Alto office. She represents domestic and multinational corporations involved in complex commercial litigation and consumer class actions in the United States. She is a member of the Firm's North America Trade Secrets Practice, the North America Class Action Group, and the North America Commercial Litigation Group, practicing in both the Consumer Goods & Retail and Technology, Media & Telecom Global Industry Groups. Prior to joining the Firm, Anne served as a law clerk for Honorable Judge James C. Mahan in the United States District Court for the District of Nevada.

Practice Focus

Anne focuses her practice on consumer class actions involving statutory and common law claims and federal statutory violations; complex commercial litigation including cross-border contract and business tort disputes; trade secret misappropriation; California Proposition 65; and unfair competition, among other claims. She also regularly advises clients on litigation avoidance and statutory compliance relating to consumer products, advertising and marketing claims, contract provisions, and trade secret protection. Anne has hands-on experience with all stages of litigation and arbitration, including pretrial case management and discovery, dispositive and other complex motions practice, jury trials and hearings, and appellate review.

Representative Legal Matters

Obtained complete defense verdict in six-week jury trial for global, publicly traded enterprise software company and its US subsidiary, and obtained defense verdict on six of eight claims for the foreign subsidiary in the Superior Court of California, Santa Clara County.
Obtained confirmation of USD 84 million foreign arbitral award in the United States District Court for the Central District of California.
Obtained defense verdict and award of over USD 2.2 million for non-profit entity in breach of contract arbitration.
Obtained judgment by a motion to dismiss on standing and jurisdiction grounds in a consumer class action alleging manufacturing defects, breach of warranty and false advertising under various states’ consumer protection statutes.
Obtained summary judgment for global online travel booking company in putative nationwide class action asserting TCPA violations and successfully defended that ruling before the Ninth Circuit Court of Appeals.
Obtained dismissal on behalf of international restaurant operator and franchisor in a putative data breach class action filed in the US District Court for the Western District of Washington, Seattle alleging negligence and violations of state consumer protection statutes resulting from a cyber attack aimed at personally identifiable information of online consumers.
Obtained preliminary and permanent injunctions, summary judgment and award of attorneys' fees in the US District Court for the Central District of California, Los Angeles on behalf of an international clothing retailer enforcing non-competition agreements covering five states.
Defended appeal of an interpleader action before the Ninth Circuit Court of Appeals.
Represented telecommunications provider in litigation under the False Claims Act and California False Claims Act in state and federal courts.
Obtained favorable settlements and dismissal for fraud and breach of contract claims filed in California state and federal courts.

Professional Associations and Memberships

Association of Business Trial Lawyers, Northern California

Corporate Responsibility

Provided pro bono legal services to the San Francisco Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement during its investigation into potential bias in San Francisco’s law enforcement agencies.

Admissions

California~United States (2014)
U.S. Court of Appeals, Ninth Circuit~United States (2017)
U.S. Court of Appeals, Tenth Circuit~United States (2016)
U.S. District Court, Northern District of California~United States (2016)
U.S. District Court, Central District of California~United States (2016)
U.S. District Court, Eastern District of California~United States (2017)
U.S. District Court, Southern District of California~United States (2017)
U.S. Court of Appeals, Eighth Circuit~United States (2020)

Education

Vanderbilt University School of Law (JD) (2014)
Georgetown University (BA, magna cum laude) (2011)

Languages

English

Previous Offices

San Francisco

Co-author, “Federal Food Label Class Actions Face Growing Headwinds,” Law360.com, September 2019

Co-author, "A Common Thread In California 'Organic' Textile Lawsuits," Law360.com, September 2017

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