Edward S.Chang

Partner

Irvine + 1.949.553.7561

Edward Chang represents clients in connection with high-profile and sophisticated data breach, ransomware, and other cybersecurity events. In his nearly 20 years of practice, Ed has also represented institutional clients in an array of complex high-stakes litigation matters, with an emphasis on cybersecurity, privacy, B2B (business-to-business), and consumer issues. He has served as lead counsel in hundreds of individual, class/mass actions, complicated business disputes, and regulatory investigations, including bet-the-company matters. Ed also provides day-to-day advice to clients on their most sensitive cybersecurity and privacy needs, including on compliance and M&A deal matters.

Ed is currently defending dozens of individual and nationwide mass/class action, data breach/privacy, and related business disputes across the country. Significant engagements include representing a large fast-food chain in a data breach class action, obtaining an individual/non-class settlement after years of litigation; a major automaker in multiple privacy class/representative actions, obtaining complete dismissals; an online retailer in a nationwide technology class action, precluding all class claims; a prominent homebuilder in a series of nationwide product defect class actions covering millions of homes, defeating class certification; a medical device manufacturer in numerous class actions, foreclosing class claims; a restaurant chain in a complicated business dispute, obtaining a favorable appellate opinion on a novel jurisdictional question unanswered by the California Supreme Court for 100 years; a background screening company in class cases alleging deceptive marketing practices, obtaining complete dismissals; and a telecommunications company in a bellwether class action, obtaining a favorable appellate opinion limiting standing. Ed also represents corporations in cross-border business/fraud disputes, including in a recent action where he obtained an eight-figure U.S. judgment.

Experience

  • KMA obtains complete dismissal of putative class/representative action relating to consumer data collection practicesJones Day obtained a complete dismissal on behalf of Kia Motors America, Inc. ("KMA") in a putative class/representative action seeking public injunctive relief under California's Unfair Competition Law and California's Data Access and Fraud Act on behalf of other similarly situated KMA vehicle owners.
  • Experian acquires CIC PlusJones Day acted as privacy and data security counsel to Experian in the acquisition of CIC Plus, Inc. and its affiliate Tayvah, LLC, providers of Affordable Care Act compliance and related employer services.
  • Angel fund obtains revolving credit facilityJones Day represented an angel fund in connection with a revolving credit facility obtained to replace the existing credit facility of a publicly traded company acquired by the fund.
  • LowerMyBills wins appellate victory in arbitration caseJones Day secured a significant appellate victory in the Ninth Circuit for the Firm's client LowerMyBills ("LMB") Mortgage Services, Inc.
  • Experian acquires BillFixersJones Day advised Experian in the acquisition of BillFixers, LLC, a provider of consumer bill negotiation services in the USA.
  • Experian prevails on appeal in proposed class actionJones Day obtained a significant victory for Experian Information Solutions, Inc. in a nationwide putative consumer class and individual action alleging a panoply of claims, including under the Fair Credit Reporting Act ("FCRA") for Experian’s alleged failure to clearly disclose to consumers that certain Experian generated credit scores were not industry Fair Isaac scores.
  • Lennar resolves putative product liability and consumer fraud class action lawsuitsJones Day client Lennar Corporation obtained the voluntary dismissal of putative class action lawsuits against Lennar homebuilding subsidiaries in California and the settlement of nationwide putative class action lawsuits in Nevada and Minnesota after defeating bids for class certification, and defeating plaintiffs' attempt to appeal to the Ninth Circuit in the Nevada case.
  • Experian obtains complete dismissal of data privacy consumer class action concerning alleged data breach into third-party analytics firmOn behalf of Experian Information Solutions, Inc., Jones Day obtained complete dismissal of a putative class action arising from an alleged data breach of a third-party data analytics firm that maintained certain Experian marketing data.
  • Korean broadcasters awarded $66 million in closely watched DMCA digital streaming piracy caseIn one of the largest Digital Millennium Copyright Act ("DMCA") awards on record, Korean broadcasters represented by Jones Day obtained a $66 million judgment plus attorneys fees against a Hong Kong digital transmission device maker, which operated a P4P digital broadcast piracy network, and its local distributor.
  • Experian forecloses class and forensic discovery, precluding nationwide class claimsJones Day, on behalf of Experian Information Solutions, Inc., obtained dismissal of a motion to compel class and technical/forensic discovery of Experian’s computer systems in a nationwide class action.
  • Applied Medical obtains $33 million judgment in cross-border business disputeAfter nearly three years of protracted litigation, Jones Day client Applied Medical Distribution Corporation obtained a damages award and judgment exceeding $33 million against a South Korean corporation, Ah Sung International, Inc., and its President/majority shareholder, and senior director.
  • ConsumerInfo.com successfully defends putative class action lawsuits related to alleged violations of California consumer fraud statutesJones Day client ConsumerInfo.com (CIC), an Experian Information Solutions affiliate, successfully defended multiple putative class action lawsuits filed by thousands of consumers alleging that CIC's representations on its FreeCreditScore.com website violated California consumer fraud statutes.
  • Experian prevails on appeal in nationwide class actionJones Day obtained a significant victory for client Experian Information Solutions, Inc. in a nationwide putative consumer class and individual action alleging a panoply of claims under the Fair Credit Reporting Act ("FCRA") against Experian.
  • Applied Medical forecloses class claims in putative wage and hour class actionOn June 2, 2017, Jones Day obtained a significant victory for client Applied Medical Resources Corporation in a putative wage and hour class action, prevailing on a motion to compel individual, non-class/non-representative arbitration.
  • Experian defends against series of nationwide class actions after breach of T-Mobile applicant dataJones Day defended Experian in series of nationwide class actions after breach of T-Mobile applicant data held by Experian company Decisioning Solutions, Inc.
  • Audit committee conducts independent investigation of allegations of financial and personal misconduct of CEO of American ApparelJones Day conducted, on behalf of the independent directors of American Apparel, an investigation of alleged misconduct and possible Sarbanes Oxley violations by the former CEO, resulting in his termination for non-suitability.
  • Experian obtains dismissal of class actionJones Day, on behalf of Experian Information Solutions, Inc., recently obtained a complete dismissal with prejudice of putative class claims arising under the Fair Credit Reporting Act (“FCRA”) brought by a repeat plaintiffs’ firm on behalf of Lynn Travers and a putative nationwide class.
  • Applied Medical Resources' arbitration agreement enforceability affirmed on appealJones Day obtained a significant victory for client Applied Medical Resources Corporation ("AMRC") in a putative wage and hour class arbitration alleging claims for violation of California's Labor Code, obtaining a published opinion confirming the enforceability of an arbitration agreement between Applied Medical and the plaintiff, an AMRC employee.
  • Experian prevails on motion to dismiss/terminate arbitration proceedings before AAA and United States District Court confirmsOn December 26, 2017, Jones Day, on behalf of Experian Information Solutions, Inc. ("Experian"), obtained a complete dismissal and termination Order from Arbitrator Roland M. Cavalier of the American Arbitration Association ("AAA") of Plaintiff Brian Berger’s claims.
  • American Apparel concludes SEC investigation with no enforcement actionJones Day represented American Apparel, Inc. in an investigation by the enforcement division of the SEC (LA Regional Office) arising out of the conduct of the former CEO regarding related party transactions and other alleged financial improprieties discovered during an internal investigation previously conducted by Jones Day.
  • Experian prevails on summary judgment, granted attorney’s fees in case involving serial plaintiffJones Day client Experian Information Solutions, Inc. prevailed on a motion for summary judgment in a credit reporting dispute.
  • Texas Instruments resolves multimillion dollar breach of contract lawsuitJones Day successfully represented Texas Instruments in the U.S. District Court in the Central District of California in a multimillion dollar breach of contract lawsuit, alleging it had underpaid an outside sales representative, Infinity Sales, on commissions earned over the course of the parties' decade long relationship.
  • Experian prevails in Tenth Circuit appealJones Day client Experian Information Solutions, Inc. obtained a Tenth Circuit decision affirming a summary judgment in Experian's favor in litigation over fraud-based and Fair Credit Reporting Act claims.
  • Verizon Wireless successfully defends class action for unfair competitionJones Day successfully defended Cellco Partnership, dba Verizon Wireless, in a putative class action alleging, inter alia, violation of the California Unfair Competition Law and unjust enrichment.
  • Experian successfully pursues Unfair Competition claim against LifeLockOn behalf of Experian Information Solutions, Inc., Jones Day was successful in pursuing Unfair Competition claims against LifeLock.
  • Yard House prevails on issue of first impression before California Court of AppealOn April 11, 2013, the Fourth District, Division One California Court of Appeal ruled in favor of Jones Day client Yard House USA, Inc. on a novel question of California Civil Procedure that had gone unanswered for more than 80 years concerning venue transfer.
  • Experian obtains confirmation of final arbitration award in dispute with repeat litigantJones Day client Experian Information Solutions, Inc. obtained confirmation of a final arbitration award in its favor in a dispute brought by a repeat litigant alleging violations of the Fair Credit Reporting Act.
  • Lennar prevails on cross-appeals of arbitration rulings in "yellow brass" fitting actionsTwo Las Vegas valley homeowners' associations (HOAs) asserted representative claims relating to allegedly defective high-zinc-content brass plumbing fittings (often called "yellow brass" fittings) in homes constructed by Nevada subsidiaries of Jones Day client homebuilder, Lennar Corporation ("Lennar").
  • Experian resolves putative class action litigation over advertising of credit scoring productsJones Day client Experian Information Solutions resolved putative class action litigation brought by plaintiffs alleging unfair business practices and misleading advertising related to the credit scoring products on www.freecreditscore.com.
  • Intelius obtains dismissal of deceptive advertising claims in putative consumer class actionJones Day represented Intelius, Inc. in a putative consumer class action, successfully moving to dismiss all deceptive advertising claims under California's UCL and CLRA.
  • Lennar defeats certification in two California class actions regarding allegedly defective "yellow brass" fittingsJones Day represented two California subsidiaries of the homebuilder Lennar Corporation in separate but similar statewide class actions regarding high-zinc-content brass fittings (often called "yellow brass" fittings) that were alleged to corrode through a chemical reaction called dezincification when exposed to water, ultimately causing the fittings to occlude or leak.
  • Korean national broadcast networks win summary judgment of copyright and trademark infringement against Chinese-Hong Kong companyJones Day represents the three Korean national television broadcasting networks whose works are digitally transmitted throughout the U.S. and the rest of the world without a license via a Chinese-Hong Kong company that operates a global P4P broadcast retransmission network.
  • Applied Medical Resources obtains dismissal of class and individual wage hour claimsJones Day represented Applied Medical Resources Corporation in a putative class action complaint alleging various statutory claims for violation of California's Labor Code, California's Private Attorney General Act, and California's Unfair Competition Law based on the claim that the Company failed to provide him and similarly-situated employees meal and rest breaks and failed to pay required overtime wages.
  • Experian Data Corp. litigates issues related to March 2012 acquisition of certain assets of Court Ventures, Inc.Experian Data Corp. ("EDC") has retained Jones Day to represent its interests in a lawsuit between EDC and Court Ventures Inc. ("CVI") related to the March 2012 acquisition by EDC of certain CVI assets, a company that focuses on collecting court records.
  • Applied Medical wins in Ninth CircuitJones Day achieved a significant victory for Applied Medical Distribution Corporation when the Ninth Circuit reversed and remanded the District Court's denial of an anti-suit injunction, thus preventing The Surgical Company BV from pursuing a parallel lawsuit in Belgium.
  • Applied Medical Resources resolves international distributorship litigationAfter protracted litigation related to a dispute arising out of a supply agreement with an international distributor, Jones Day obtained a settlement on behalf of client Applied Medical Distribution Corporation while cross-motions for summary judgment were pending.
  • Lennar defeats certification in consolidated class action involving allegedly defective "yellow brass" plumbing fittingsJones Day represented two subsidiaries of the homebuilder Lennar Corporation in connection with a consolidated class action regarding high-zinc-content brass plumbing fittings (often called "yellow brass" fittings) that were alleged to corrode through a chemical reaction called dezincification when exposed to water, ultimately causing the fittings to occlude or leak.
  • Applied Medical Distribution Europe obtains settlement in dispute arising out of supply agreement with international distributor in DenmarkJones Day obtained a settlement on behalf of client Applied Medical Distribution Europe ("AMDE") after commencing litigation in Orange County Superior Court for a dispute arising out of a supply agreement with an international distributor in Denmark.
  • Norco Ranch obtains multimillion dollar settlementJones Day successfully represented Norco Ranch, Inc., a subsidiary of Land O'Lakes, Inc., in a multimillion dollar litigation involving a complicated business dispute relating to three large commercial properties.
  • Applied Medical Distribution Europe disputes unfair competition claims brought by former Italian distributorJones Day has been retained by Applied Medical Distribution Europe ("AMDE") to represent its interests in a dispute with a former distributor in Italy, Polimed S.R.L ("Polimed").
  • ConsumerInfo.com successfully defends against putative consumer class actionJones Day successfully defended ConsumerInfo.com, Inc. and Experian Plc in a putative class consumer action alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., the Unfair Competition Law, California Business and Professions Code § 17200, et seq. and the False Advertising Law, California Business and Professions Code § 17500, et seq. obtaining a dismissal with prejudice on the pleadings.
  • Applied Medical Distribution resolves breach of contract and promissory estoppel matterJones Day represented Applied Medical Distribution Corporation ("AMDC") in the Eastern District of Pennsylvania in a suit alleging claims of breach of contract and promissory estoppel, seeking lost profits and other damages against the University of Pennsylvania Health System.
  • Time Home Entertainment successfully defends against consumer class action and appealJones Day successfully defended Time Inc. Home Entertainment against an unfair competition and section 17200 class action.
  • Eagle Real Estate Group resolves real estate partnership disputeJones Day represented Eagle Real Estate Group, LLC in connection with a real estate partnership dispute that settled at the commencement of trial.
  • Additional Speaking Engagements

    • October 20, 2022
      Product Liability Advisory Counsel (PLAC): Cybersecurity and the Lawyer's Role During a Cybersecurity Incident
    • October 25, 2021
      Jones Day Cybersecurity and Privacy Hot Topics: Global Legal Update for In-House Lawyers
    • October 5, 2021
      American Automobile Association Nationwide Litigation Summit: Cybersecurity & Privacy Recent Trends and Updates
    • September 29, 2021
      Cybersecurity & Privacy Update: Roundtable Discussion of Key Litigation, Mass Arbitration and Other Developments in 2021
    • August 25, 2021
      Diversity: Panel Discussion on National Current Events and Inclusion & Advancement
    • January 27, 2021
      Recent Trends in Cybersecurity & Privacy: Litigation and the CCPA, CPRA, TCPA & SolarWinds Vulnerability, Jones Day University MCLE
    • June 3, 2020
      CCPA: Three Major Considerations to Mitigate Liability, Association of Corporate Counsel (ACC) Panel
    • January 30, 2020
      Cybersecurity & Privacy Update: CCPA 2.0, Best Practices, and Litigation Trends, Jones Day University MCLE
    • October 10, 2019
      Cybersecurity & Privacy Update: California's New Privacy Act and What You Need to Know, American Automobile Association Litigation Summit
    • August 29, 2019
      Cybersecurity, Privacy & California's Privacy Act, Jones Day Seminar at Kia Motors America at Irvine, California
    • April 8-9, 2019
      Privacy & Cybersecurity Litigation Training Seminar with Booz Allen at Hyundai Motor Group
    • January 31, 2019
      California's New Privacy Act (CCPA) and Recent Trends in Cybersecurity/Privacy Law, Jones Day University MCLE Seminar
    • January 22, 2019
      Cybersecurity & Privacy: California's New Privacy Act (CCPA), Jones Day University MCLE Seminar
    • January 11, 2019
      California’s New Privacy Law (CCPA) and Cybersecurity Update, Jones Day CLE Seminar at the Automobile Club of Southern California
    • December 5, 2018
      Privacy & Cybersecurity: Best Practices for Data Breach Incident Response, Jones Day CLE Seminar
    • November 15, 2018
      Class Action and Litigation Trends: A 2018 Review, Jones Day CLE at Hyundai Motor America
    • November 14, 2018
      Cybersecurity and Data Privacy Update: Managing Evolving Risks and California's New Privacy Law, Jones Day CLE
    • October 4, 2018
      What to Do When . . . California's New Data Privacy Rules Come Into Effect, Jones Day CLE
    • July 17, 2018
      Data Privacy: Customer Privacy v. Customer Profiling for Marketing Purposes, Jones Day Seminar
    • June 28, 2018
      Autonomous Vehicles: Privacy & Cybersecurity Trends and Issues for AV Regulation at Hyundai Motors America, Jones Day Seminar
    • June 27, 2018
      Cybersecurity and Data Privacy: What You Need to Know to Protect Yourselves and Your Company, Jones Day CLE
    • April 28, 2018
      Cybersecurity, Privacy & Autonomous Vehicles: U.S. Korea Law Day at Kia Motors America, CLE Seminar
    • January 31, 2018
      Cybersecurity: Managing Evolving Risks 2018, Jones Day CLE Seminar
    • January 23, 2018
      Cybersecurity: Managing Evolving Risks 2018, Jones Day CLE Seminar
    • December 8, 2017
      Emerging Technology Risks and Rewards: A Cybersecurity and Data Privacy Review, Jones Day CLE Seminar
    • January 24, 2017
      Recent Trends in Consumer Class Action Litigation
    • October 19, 2016
      Cybersecurity: Managing Evolving Risks
    • June 3, 2016
      Privilege: Recent Litigation Trends in Attorney Client and Work Product Protections, Jones Day CLE Seminar
    • March 26, 2014
      Diversity & Inclusion: Recruiting, Retention & Promotion