Morgan Lewis

Related Publications

08/23/11 Litigating Song-Beverly Credit Card Act Class Actions Post Pineda v. Williams Sonoma , presented for the San Francisco Bar Association
06/01/11 Developments in California’s Song-Beverly Credit Card Act, National Law Review
Spring 2010 Waiver of Otherwise Privileged Communications by Use of Workplace Computer Equipment and Systems, ABA Business Torts Journal , Vol. 17, No. 3
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03/22/12 HP Boots Derivative Suit Over Alleged Bribes, Law360
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Photo of  Diane L. Webb

honors + affiliations

Member, American Bar Association

Member, California Bar Association

Member, San Francisco Bar Association

Member, Association of Business Trial Lawyers

bar admissions

  • California

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Courts for the Northern, Eastern, Central, and Southern Districts of California
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Diane L. Webb
Partner


Email: dwebb@morganlewis.com
San Francisco
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Phone: 415.442.1353
Fax: 415.442.1001

Diane L. Webb is a partner in Morgan Lewis's Litigation Practice. Ms. Webb's practice focuses on complex litigation and class actions, including contract disputes, antitrust, federal and state False Claims Act, and all forms of business torts involving unfair competition, false advertising, interference, misappropriation of trade secrets, and fraud, with an emphasis on finance, healthcare, retail, technology, and real estate. Her background includes jury and bench trials, as well as arbitrations. Ms. Webb also has experience with complex, multidefendant litigation matters and electronic discovery compliance for national and multinational clients. She is a co-leader of the firm's class action practice and a member of the firm's antitrust, healthcare and retail initiative working groups. Ms. Webb is also member of Morgan Lewis's Pro Bono Committee as well as the firm's Committee for Community Outreach.

Ms. Webb currently serves as co-chair of the Programs Subcommittee of the Business Torts Committee of the Litigation Section of the American Bar Association and formerly served as its co-chair of the Evidence Subcommittee from 2005–2010. She is also a member of the Board of Governors of the Northern California Chapter of the Association of Business Trial Lawyers and served on its 2011 annual seminar planning committee.

Ms. Webb has been a member of the University of San Francisco School of Law Board of Governors since 2004. She also served as an adjunct professor and taught legal ethics for several semesters at the School of Law.

Before joining Morgan Lewis, Ms. Webb was an associate at a nationally prominent law firm from 1999 to 2003. Prior to that, she served as the 1998–1999 John A. Sutro Public Service Fellow at the San Francisco Legal Aid Society/Employment Law Center. In the spring of 1998, Ms. Webb was a judicial extern to Judge Susan Y. Illston of the U.S. District Court for the Northern District of California.

Ms. Webb earned her J.D. from the University of San Francisco School of Law. While in law school, she served as symposium editor for the University of San Francisco Law Review, was a member of the McAuliffe Honor Society, and a Moot Court Case Counsel. She also received the CALI Award for Excellence in the Study of Legal Ethics, the CALI Award for Excellence in the Study of Race Discrimination, and the American Jurisprudence Award in Legal Research and Writing. Ms. Webb was the 1998 recipient of the Judge Harold J. Haley Award for exceptional distinction in scholarship, character, and activities and a 1998 recipient of the National Association of Women Lawyers Outstanding Law Student Award.

Ms. Webb is admitted to practice in California and before the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Courts for the Northern, Eastern, Central, and Southern Districts of California.

Ms. Webb has been admitted pro hac vice to the U.S. District Court for the Southern District of New York, the U.S. District Court for the Western District of North Carolina, and the U.S. District Court for the District of Massachusetts, among others.

Selected Representations

Retail Matters
  • Represented a national, name-brand shoes and boots retailer in federal court California Song-Beverly Credit Card Act putative class actions that alleged the retailer collected zip codes in violation of the Act, violation of California Business and Professions Codes section 17200, and claims for invasion of privacy, negligence, and intrusion.
  • Represented a national video game retailer in federal court California Song-Beverly Credit Card Act putative class action that alleged the retailer collected zip codes in violation of the Act.
  • Represented a national maternity apparel retailer in state court California Song-Beverly Credit Card Act putative class action alleging the retailer collected zip codes in violation of the Act.
  • Represented a national video game retailer in state court putative class action alleging the retailer failed to redeem gift cards for cash in violation of the California Consumers Legal Remedies Act.
  • Represented a national drug store chain in state court putative class action alleging the retailer failed to redeem gift cards for cash in violation of the California Consumers Legal Remedies Act and California Business and Professions Code section 17200.
  • Represented a domestic merchandise retail store in state court coordinated putative class actions alleging the retailer failed to redeem gift cards for cash in violation of the Consumers Legal Remedies Act and California Business and Professions Code section 17200.

Financial Services Matters

  • Represented a global banking and financial services company in state court putative class action alleging unfair business practices and violations of California's Rees-Levering Auto Finance Act.
  • Represented a multinational financial services company in state court trust litigation alleging claims for breach of contract, common counts, and fraudulent concealment.
  • Represented an investment bank in federal court action involving failed acquisition of winery involving claims for breach of contract and interference with prospective economic advantage.
  • Represented a national bank/mortgage corporation in federal court litigation involving participant in securitized mortgage trusts, currently pending in arbitration. Involves claims for breach of contract, breach of implied contract, negligent servicing, interference with contract, and interference with prospective economic advantage.

Technology Matters

  • Represented a multinational information technology company concerning claims brought by media companies alleging claims for invasion of privacy, misappropriation of trade secrets, violations the Racketeer Influenced and Corrupt Organizations Act ("RICO"), the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, trespass to chattels, and unfair competition in violation of California Business & Professions Code section 17200.
  • Represented a multinational information technology company concerning claims brought by individuals alleging claims for invasion of privacy, intrusion, intentional infliction of emotional distress, and violations of California Business and Professions Code section 17200.
  • Represented an international medical diagnostic equipment manufacturer in connection with federal court action alleging claims for breach of contract, breaches of express and implied warranty, fraud, and unfair business practices in violation of California Business and Professions Code section 17200.

Healthcare Matters

  • Represented a health plan in arbitration brought by academic hospital service provider concerning contractual and out-of-network payments, including claims for breaches of contract, breaches of implied contract, violations of California Business and Professions Code section 17200, violations of California's Knox-Keene Act, and violations of California's False Claims Act.
  • Represented a medical group in putative class action brought by organizational plaintiff alleging antitrust violations, violations of Business and Professions Code section 17200, and violations of California's Unfair Practices Act.
  • Represented a health plan in arbitration brought by academic hospital service provider concerning payment disputes, including claims for breaches of contract and violations of California's False Claims Act.
  • Represented a health plan in state court action filed by contractor's employee alleging claims for antitrust violations, unfair competition, tortious interference with contract, and intentional infliction of emotional distress arising from plaintiff's termination by his former employer.
  • Represented a health plan in state court action filed by prospective employee alleging claims for antitrust violations, unfair competition, tortious interference with prospective economic advantage, and intentional infliction of emotional distress arising from plaintiff's failure to be hired.
  • Represented third-party claims in administrator arbitration alleging breach of contract, interference with contract, and intentional interference with prospective economic advantage.
  • Represented a health plan in arbitration brought by academic hospital services provider concerning payment of five thousand physician services claims including claims for breaches of contract and violations of California's False Claims Act.
  • Represented a health plan in state court action alleging plan's non-renewal of group health plan constituted breach of contract, violated the California Consumer Remedies Act, and violated California's Business and Professions Code section 17200.
  • Represented a health plan in state court action alleging plan's non-renewal of group health plan constituted breach of contract, violated the California Consumer Remedies Act, and violated California's Business and Professions Code section 17200.
  • Represented a health plan in arbitration with not-for-profit hospital service provider concerning payment disputes.
  • Represented a health plan in arbitration with academic hospital service provider concerning payments, including claims for breaches of contract and violations of California's False Claims Act.
  • Represented a health plan in arbitration with not-for-profit hospital service provider concerning payment disputes, including claims for breaches of contract.
  • Represented a health plan in arbitration with academic hospital service provider concerning payment disputes, including claims for breaches of contract and violations of California's False Claims Act.
  • Represented a health plan in arbitration with academic hospital service provider concerning payment disputes, including claims for breaches of contract.

Real Estate Matters

  • Represented a real estate investment trust in state court action in which claims were alleged for breach of lease, interference with contract, interference with prospective economic advantage, and negligent and intentional infliction of emotional distress. Claims against client dismissed with prejudice on third demurrer.
  • Represented a biopharmaceutical company in lease dispute with landlord. Resolved absent litigation.
  • Represented a national developer/property manager in a lease dispute. Resolved on favorable terms to client without litigation.
  • Represented numerous retailers in various lease disputes and actions for breach of lease.
  • Represented a real estate development company in state court action involving development agreement dispute.
  • Represented a university in development agreement dispute. Resolved without litigation.
  • Represented a biotech company in a dispute with developer/landlord regarding build out of "green" office building. Resolved without litigation.
  • Represented a development company in state court action involving development agreement dispute.
  • Represented a venture capital firm in state court action for breach of lease.
  • Represented a credit union in a quiet title matter. Resolved without litigation.
  • Represented a multinational bank in state court quiet title action. Negotiated dismissal of client.
  • Represented a title company in state court quiet title action that resulted in negotiated dismissal.
  • Represented a national trucking company in state court action for trespass and interference having to do with surface water drainage issues.

education

  • University of San Francisco School of Law, 1998, J.D.
  • San Francisco State University, 1991, B.A.