Jordan Elias, Girard Sharp Photo

Jordan Elias

Partner

Overview

Jordan Elias represents consumers and investors 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, over the past decade Jordan has taken on pharmaceutical companies for collusion leading to inflated prescription drug prices.

Jordan spearheaded 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 claims brought on behalf of more than 21 million federal government employees whose sensitive private information was hacked. Jordan previously 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). Most recently, Jordan argued the successful appeal in Velasquez-Reyes v. Samsung Electronics America, Inc., No. 17-56556 (9th Cir. Sept. 17, 2019) (holding that Samsung could not compel individual arbitration of false advertising claims even though its smartphone packaging contained 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 (forthcoming), 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
  • U.S. Courts of Appeals for the Second, Sixth, Seventh, Ninth, Tenth, Eleventh, and D.C. Circuits
  • District of Arizona
  • Central, Eastern, and Northern Districts of California
  • District of Colorado
  • District Court for the District of Columbia
  • Middle District of Florida
  • District of Minnesota
  • Eastern District of New York
  • Eastern District of Pennsylvania

Experience

Representative current case work

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

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

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

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

Representative briefs (co-authored)

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

  • 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

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

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

  • “Advanced Data Privacy, Cybersecurity Breach and TCPA Class Action Litigation Strategies and Defenses”
    01.2018
  • “Article III Standing and Rule 23(b)(3) Certification: Latest Litigation Trends”
    03.2015
  • “17th Annual Consumer Financial Services Institute”
    Practising Law Institute
    05.2012

Publications

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