Jordan Elias, Girard Sharp Photo

Jordan Elias

Partner

Overview

Jordan Elias represents consumers and small businesses injured by corporate violations. He has pursued civil claims against monopolists, price-fixing cartels, oil and tobacco companies, and the nation’s largest banks. In addition, for over a decade Jordan has taken on pharmaceutical companies for collusion leading to inflated prescription drug prices.

Jordan served as head writer for the plaintiffs in the wrongful death cases arising from sudden unintended acceleration of Toyota vehicles. He was the primary author of the plaintiffs’ briefs in the California Supreme Court in the landmark Cipro “pay-for-delay” antitrust case, and gained a reversal for the plaintiff in Pavoni v. Chrysler Group, LLC, 789 F.3d 1095 (9th Cir. 2015). Jordan also led the appeal in In re U.S. Office of Personnel Management Data Security Breach Litigation, 928 F.3d 42 (D.C. Cir. 2019), where the court reversed the dismissal of a case brought on behalf of 21.5 million federal government employees whose sensitive private information was hacked. More recently, Jordan argued the successful appeal in Velasquez-Reyes v. Samsung Electronics America, Inc., No. 17-56556 (9th Cir. Sept. 17, 2019), where the Ninth Circuit held that Samsung could not compel individual arbitration of false advertising claims even though its smartphone packaging had an arbitration clause.

Jordan received a California Lawyer Attorney of the Year (CLAY) award in 2016. He has been recognized as a Northern California Super Lawyer, Appellate, since 2014.

Jordan authored the Supreme Court chapter, and co-authored the Ninth Circuit chapter, in the American Bar Association’s authoritative Survey of Federal Class Action Law. He also wrote the chapter on antitrust standing, causation and remedies in California State Antitrust and Unfair Competition Law (Matthew Bender 2019). His law review articles include Course Correction—Data Breach as Invasion of Privacy, 69 Baylor L. Rev. 574 (2018), and Cooperative Federalism in Class Actions, 86 Tenn. L. Rev. 1 (2019). In 2017, Jordan was elected to the American Law Institute. 

A former chief arbitrator for the San Francisco Bar Association’s attorney-client fee disputes program, Jordan now serves as the program’s vice-chair. He began his career at Wilson Sonsini, where he received the John Wilson Award for winning asylum for refugees from Haiti and Indonesia.

Jordan is a native Californian who attended Harvard-Westlake School in Los Angeles. After earning his J.D. from Stanford Law School, where he served on the law review, Jordan clerked for the late Ninth Circuit Judge Cynthia Holcomb Hall. He was an all-Ivy League sprinter and received the Field Prize at Yale.

Education

J.D., Stanford Law School

  • Member, Stanford Law Review

 B.A., magna cum laude, Yale College

  • Field Prize for best dissertation or essay in the humanities
  • White Prize for best essay in American history
  • Phi Beta Kappa

Admissions

  • California state courts
  • Central District of California
  • Eastern District of Calfornia
  • Northern District of California
  • District of Colorado
  • District of Minnesota
  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit

Experience

Representative current case work

In re Intuit Free File Litigation
Class action charges Intuit with perpetrating a bait and switch and steering low-wage earners and military personnel away from its free TurboTax site.

Grand Atlas Tours v. Google LLC
Pioneering suit against Google for abusing its monopoly in search and search advertising to gain market dominance as broker for online display ads.

In re MacBook Keyboard Litigation
Argued motion to dismiss in ongoing consumer case involving defective “butterfly” keyboards in several million Apple laptops.

In re Woodbridge Investments Litigation
Investors in a $1.2 billion Ponzi scheme enabled by Comerica Bank seek to recover their losses.

In re JUUL Labs, Inc., Marketing, Sales Practices, and Products Liability Litigation
Suit to hold leading vape-device maker accountable for marketing dangerous, highly addictive e-cigarettes to children and others.

In re Generic Pharmaceuticals Pricing Antitrust Litigation
Consumers and third-party payors seek treble damages arising out of a far-reaching conspiracy to raise and fix generic drug prices.

In re Pacific Fertility Center Litigation
A liquid nitrogen tank failed, destroying plaintiffs’ frozen eggs and embryos.

In re U.S. Office of Personnel Management Data Security Breach Litigation
Sensitive private information of current and former federal workers was stolen in a massive breach of the agency’s electronic systems.

In re PFA Insurance Marketing Litigation
Class action seeks redress for a pyramid scheme targeting Asian immigrants.

In re Subaru Battery Drain Products Liability Litigation
Vehicle batteries fail prematurely, leaving class members stranded or with out-of-pocket losses.

In re TikTok, Inc. Privacy Litigation
Class action for undisclosed collection of biometric information, including from minors.

CalSTRS v. Alvarez
Derivative suit charges Walmart executives with covering up a foreign bribery scandal.

Representative briefs (co-authored)

  • Plaintiffs’ Supplemental Brief, in Sullivan v. DB Investments, Inc., 2011 WL 9522026 (3d Cir.) (en banc).

  • Answering Brief of Plaintiffs-Appellees, in Intuit Inc. v. Dohrmann, 2020 WL 2749215 (9th Cir.).

  • Plaintiffs’ Opposition to Motion to Dismiss, in San Miguel v. HP Inc., 2017 WL 2772963 (N.D. Cal.).

  • Direct Purchaser Plaintiffs’ Opposition to Motion of Defendants Regarding Trial Structure and for Relief to Avoid Duplicative Recovery, in In re TFT-LCD (Flat Panel) Antitrust Litigation, No. 3:07-md-01827-SI (N.D. Cal. Apr. 4, 2012), ECF No. 5400.

  • Brief of Appellee, in Graham v. R.J. Reynolds Tobacco Co., 2014 WL 1400433 (11th Cir.).

  • Reply Brief on the Merits, in In re Cipro Cases I & II, 2012 WL 4207338 (Cal.).

  • Plaintiff-Appellant’s Opening Brief, in Crawford v. Antonio B. Won Pat International Airport Authority, Guam, 2018 WL 1641099 (9th Cir.).

Honors and Awards

Honors and Awards

  • Northern California Super Lawyer, Appellate (since 2014)
  • California Lawyer Attorney of the Year (CLAY) Award (2016)
  • Elected to the ALI (2017)
  • Contributing Author, California State Antitrust and Unfair Competition Law (2012‒15, 2019)
  • Coordinating Editor, Survey of Federal Class Action Law (since 2017)
  • Contributing Author, California Class Actions and Coordinated Proceedings (2010‒15)
  • John Wilson Award (2007)
  • Member, Stanford Law Review (2002‒03)
  • Theron Rockwell Field Prize, Yale (1998)
  • Andrew D. White Prize, Yale (1997)
  • California Scholar-Athlete of the Year Finalist (1994)

Affiliations

Community & Professional

  • Member, American Law Institute
  • Bar Association of San Francisco, Attorney-Client Fee Disputes Program
    • Vice-chair
    • Former chief arbitrator
  • Chair, Antitrust Subcommittee, ABA Section of Class Actions & Derivative Suits
  • State Bar of California
    • Member, Intellectual Property Law Section
    • Member, Antitrust, UCL and Privacy Section

Insights

Speaking Engagements

  • Federal Litigation in a Global Context
    01.2020
  • Advanced Data Privacy, Cybersecurity and TCPA Litigation Strategies and Defenses
    01.2018
  • Article III Standing and Rule 23(b)(3) Certification: Latest Trends
    03.2015
  • 17th Annual Consumer Financial Services Institute
    Practising Law Institute
    05.2012

Publications

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