Aaron T. Winn

Partner

  • Aaron T. Winn
  • Phone: +1 619 744 2222
    Fax: +1 619 923 2931

    Import to Address Book

  • Duane Morris LLP
    750 B Street, Suite 2900
    San Diego, CA 92101-4681
    USA

Aaron T. Winn handles class action litigation, complex business disputes, and employment-related litigation for clients in a wide variety of industries. He has successfully argued cases before the Ninth Circuit Court of Appeals and in appellate courts throughout California.

Super Lawyers has repeatedly recognized Mr. Winn as a "Rising Star" and one of California's "top class action attorneys".

The National Law Journal has listed Mr. Winn’s trial results in the "Top 100 Hall of Fame" (recognizing the top 100 verdicts in the nation since 2003).

Areas of Practice

  • Class Action Litigation
  • Appeals and Writs
  • Trade Secret Litigation
  • Complex Business Litigation

Representative Matters

  • Mislabeling / False Representation Class Actions: Mr. Winn has successfully defended clients in various industries from claims that their product labels were false or misleading.
  • Privacy Class Actions: Mr. Winn has successfully defended clients against alleged violations of the TCPA and California Invasion of Privacy Act (CIPA).
  • Unfair Competition Class Actions: Mr. Winn has defended numerous clients from claims alleging unfair competition, misrepresentation, or fraud.
  • Employment Class Actions: California businesses have repeatedly asked Mr. Winn to defend them in putative class actions involving wage and hour issues, misclassification claims, donning and doffing disputes, expense reimbursement claims, independent contractor questions, and other employment-related claims.
  • Banking and ATM Class Actions: Mr. Winn has successfully represented several banks and financial institutions in purported class actions alleging misrepresentations and statutory violations.
  • Real Estate Class Actions: Real estate developers have turned to Mr. Winn to defend them against misrepresentation, unfair competition, and breach of contract claims arising from condominium projects and infill subdivision developments.
  • Trade Secret Litigation: In addition to his class action proficiency, Mr. Winn has both prosecuted and defended trade secret misappropriation cases for clients in a host of industries, including the hospitality, medical device, food, energy, banking, consumer goods, and insurance industries.
  • Lanham Act / Patent Mismarking Claims: Mr. Winn successfully defended an international consumer goods distributor against patent mismarking and Lanham Act claims.
  • Appellate Decisions

  • Lemaire v. Covenant Care California, LLC (2015) 234 Cal. App. 4th 860 (confirming that residents of skilled nursing facilities have a private right of action to sue for violations of federal and state regulations requiring complete and accurate health care records) (counsel for respondents).
  • Curtin v. Keenan (June 10, 2014, D064135) (reversing trial court's judgment) (counsel for appellants).
  • Shuts v. Covenant Holdco LLC (Weisheit) (Jan 9, 2014, A139937) (dismissing appeal) (counsel for respondents).
  • Shuts v. Covenant Holdco LLC (2012) 208 Cal.App.4th 609 (reversing judgment in skilled nursing home class action) (counsel for appellants).
  • Bowers v. Raymond J. Lucia Companies, Inc. (2012) 206 Cal.App.4th 724 (affirming $5 million judgment and clarifying rules governing binding mediation) (counsel for respondents).
  • Allen v. County of Stanislaus (9th Cir. 2012) 2012 U.S. App. LEXIS 14400 (reversing order of dismissal) (counsel for appellant).
  • Alvarado v. Equity Residential (May 25, 2012, B241451) (dismissing appeal) (counsel for respondents).
  • Miller v. Lifestyles Senior Hous. Managers (2010) 2010 Cal.App.Unpub. LEXIS 6942 (affirming arbitration award in employment dispute) (counsel for respondents).
  • Luce, Forward, Hamilton & Scripps LLP v. Ferreira (2009) 2009 Cal.App.Unpub. LEXIS 9342 (affirming trial court's judgment) (counsel for respondents).
  • Luce, Forward, Hamilton & Scripps LLP v. Koch (2008) 162 Cal.App.4th 720 (affirming arbitration award) (counsel for respondents).

Admissions

  • California
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California

Education

  • Brigham Young University, J. Reuben Clark Law School, J.D., cum laude, 2003
    - Order of the Coif
  • Brigham Young University, B.A., 1999

Experience

  • Duane Morris LLP
    - Partner, 2015-present
  • Dentons (Formerly McKenna Long & Aldridge/Luce Forward)
    - Partner, 2011-2015
    - Associate, 2004-2011

Honors and Awards

Professional Activities

  • Association of Business Trial Lawyers
  • Federal Bar Association
  • J. Reuben Clark Law Society, San Diego Chapter
    - Chair

Selected Publications

  • Co-author, "Seventh Circuit Rules Cosmetology Students Are Not Employees," Duane Morris Alerts, August 29, 2017

  • "California Allows Employment Class Action Waivers; But the PAGA Threat Persists," MLA Advisory, June 26, 2014
  • "Concepcion Rides On: California's Rule Against Arbitration of Public Injunctive Relief Claims Is Preempted by the Federal Arbitration Act," March 14, 2012
  • "ATM Operators Beware," May 5, 2011
  • "The United States Supreme Court Changes the Class Action Landscape," April 28, 2011

Selected Speaking Engagements

  • Speaker, "Risk Management-Is Your House in Order?" Duane Morris and BB&T Briefing, San Diego, October 12, 2017
  • Speaker, Duane Morris' Developments in Workplace Law and Practice, San Diego, May 16, 2017
  • "Class Action Litigation: Recent Developments and Future Risks," BB&T Insurance Breakfast Briefing, September 17, 2015
  • "Privacy in the Workplace," BB&T Insurance Breakfast Briefing, March 17, 2016
  • "Arbitration Agreements and Class Action Waivers After AT&T Mobility," Association of Corporate Counsel, San Diego Chapter, San Diego, CA, June 16, 2011