Mannatt
Menu
  • Industries
    • Manatt Digital and Technology
    • Manatt Energy and Environmental
    • Manatt Entertainment
    • Manatt Financial Services
    • Manatt Health
    • Manatt Real Estate
    • Manatt Retail and Consumer Products
  • Services
    • Business Strategy and Consulting
      • Digital and Technology Consulting
      • Digital Health
      • Manatt Health
      • Manatt Housing Solutions
      • Manatt Real Estate Advisors
      • Manatt's Recovery Team
    • Corporate and Finance
      • Blockchain and Cryptocurrency
      • Cannabis and CBD
      • Capital Markets
      • Digital and Technology Transactions
      • Distressed Assets
      • Estate Planning and Personal Representation
      • Financial Services Transactions
      • Fintech
      • Games and Esports
      • Global Payments
      • Health Care Transactions
      • Manatt Leasing
      • Mergers and Acquisitions
      • Music
      • Private Equity and Buyout
      • Real Estate Transactions and Finance
      • Tax, Employee Benefits and Executive Compensation
      • Venture Capital / Emerging Companies
    • Government and Regulatory
      • Advertising, Marketing and Media
      • California State Government and Regulatory Policy and Government Contracts
      • Environment
      • Federal Government Affairs and Public Policy
      • Government Litigation and Administrative Law
      • Insurance
      • Investigations, Compliance and White Collar Defense
      • Land Use
      • Los Angeles Government and Land Use
      • Manatt Energy and Environmental
      • Manatt Health
      • Medical Technology and Life Sciences FDA Regulation
      • New York City Government, Policy and Government Contracts
      • New York State Government, Regulatory Policy and Government Contracts
    • Litigation
      • Advertising Litigation
      • Antitrust and Competition
      • Appellate
      • Bankruptcy
      • Capabilities to Serve Clients During COVID-19
      • Class Actions
      • Consumer Protection
      • Digital Media Litigation
      • Employment and Labor
      • Entertainment Litigation
      • Environmental Litigation
      • False Claims Act
      • Financial Services Litigation and Enforcement
      • Games and Esports
      • Government Litigation and Administrative Law
      • Health Care Litigation
      • Insurance
      • Intellectual Property Protection and Enforcement
      • Investigations, Compliance and White Collar Defense
      • Music
      • Privacy and Data Security
      • Real Estate Litigation
      • TCPA Compliance and Class Action Defense
      • Trademark and Copyright Litigation
      • Unmanned Aircraft
  • People
  • COVID-19
    • Navigating COVID-19: Issues Checklist
    • COVID-19 Guidance and Information
    • Manatt COVID-19 Client Service Response Team
    • Manatt Health COVID-19 Response
    • Capabilities to Serve Clients During COVID-19
    • California Government Resource Center
    • New York State Government Resource Center
  • Insights
    • News
    • Articles
    • Webinars
    • Podcasts
    • Events and Engagements
    • Newsletters
    • White Papers
  • Hot Topics
    • Children's Health
    • Election 2020
    • COVID-19
    • California's Privacy Legislation
    • Medicaid Managed Care
    • The Opioid Epidemic
  • About Us
    • About Manatt
    • Contact Us
    • Management
    • Diversity
    • Women's Initiative
    • Pro Bono
    • Global Network
    • Capabilities to Serve Clients During COVID-19
    • Insights@ManattHealth
  • Client Login
  • Careers
  • Offices
Mannatt
  • Industries
    • Manatt Digital and Technology
    • Manatt Energy and Environmental
    • Manatt Entertainment
    • Manatt Financial Services
    • Manatt Health
    • Manatt Real Estate
    • Manatt Retail and Consumer Products
  • Services
    • Business Strategy and Consulting
      • Digital and Technology Consulting
      • Digital Health
      • Manatt Health
      • Manatt Housing Solutions
      • Manatt Real Estate Advisors
      • Manatt's Recovery Team
    • Corporate and Finance
      • Blockchain and Cryptocurrency
      • Cannabis and CBD
      • Capital Markets
      • Digital and Technology Transactions
      • Distressed Assets
      • Estate Planning and Personal Representation
      • Financial Services Transactions
      • Fintech
      • Games and Esports
      • Global Payments
      • Health Care Transactions
      • Manatt Leasing
      • Mergers and Acquisitions
      • Music
      • Private Equity and Buyout
      • Real Estate Transactions and Finance
      • Tax, Employee Benefits and Executive Compensation
      • Venture Capital / Emerging Companies
    • Government and Regulatory
      • Advertising, Marketing and Media
      • California State Government and Regulatory Policy and Government Contracts
      • Environment
      • Federal Government Affairs and Public Policy
      • Government Litigation and Administrative Law
      • Insurance
      • Investigations, Compliance and White Collar Defense
      • Land Use
      • Los Angeles Government and Land Use
      • Manatt Energy and Environmental
      • Manatt Health
      • Medical Technology and Life Sciences FDA Regulation
      • New York City Government, Policy and Government Contracts
      • New York State Government, Regulatory Policy and Government Contracts
    • Litigation
      • Advertising Litigation
      • Antitrust and Competition
      • Appellate
      • Bankruptcy
      • Capabilities to Serve Clients During COVID-19
      • Class Actions
      • Consumer Protection
      • Digital Media Litigation
      • Employment and Labor
      • Entertainment Litigation
      • Environmental Litigation
      • False Claims Act
      • Financial Services Litigation and Enforcement
      • Games and Esports
      • Government Litigation and Administrative Law
      • Health Care Litigation
      • Insurance
      • Intellectual Property Protection and Enforcement
      • Investigations, Compliance and White Collar Defense
      • Music
      • Privacy and Data Security
      • Real Estate Litigation
      • TCPA Compliance and Class Action Defense
      • Trademark and Copyright Litigation
      • Unmanned Aircraft
  • People
  • COVID-19
    • Navigating COVID-19: Issues Checklist
    • COVID-19 Guidance and Information
    • Manatt COVID-19 Client Service Response Team
    • Manatt Health COVID-19 Response
    • Capabilities to Serve Clients During COVID-19
    • California Government Resource Center
    • New York State Government Resource Center
  • Insights
    • News
    • Articles
    • Webinars
    • Podcasts
    • Events and Engagements
    • Newsletters
    • White Papers
  • Hot Topics
    • Children's Health
    • Election 2020
    • COVID-19
    • California's Privacy Legislation
    • Medicaid Managed Care
    • The Opioid Epidemic
  • About Us
    • About Manatt
    • Contact Us
    • Management
    • Diversity
    • Women's Initiative
    • Pro Bono
    • Global Network
    • Capabilities to Serve Clients During COVID-19
    • Insights@ManattHealth
  • Client Login
  • Careers
  • Offices
  • Home
  • People
  • Donald R. Brown
Language:
  • English
    • English
    • Spanish
    • Portuguese
Share:

Donald R. Brown

Brown_Donald_New-Bio-Template-730-x-730

Partner

Litigation
Contact
  • dbrown@manatt.com
  • Phone: 310.312.4318
  • Download vCard
  • Los Angeles
Bar Admissions
  • California
Education
  • New York University School of Law, J.D., 1989
    Member, Journal of International Law & Politics

    Swarthmore College, B.A., Economics

    London School of Economics & Political Science

Services
  • Advertising Litigation
  • Advertising, Marketing and Media
  • Antitrust and Competition
  • Appellate
  • Class Actions
  • Consumer Protection
  • Employment and Labor
  • Entertainment Litigation
  • Financial Services Litigation and Enforcement
  • Litigation
Industries
  • Consumer Financial Services
  • Games and Esports
  • Manatt Entertainment
  • Manatt Financial Services
  • Manatt Retail and Consumer Products

Show Full Bio

  • Profile
  • Experience
  • Speaking Engagements
  • Memberships
  • Publications
Profile

Profile

Don Brown handles complex trial and appellate litigation, primarily for e-commerce, direct marketing, consumer product, and financial services companies, with a focus on defending class actions and mass arbitrations under consumer protection statutes, including California’s Unfair Competition Law, False Advertising Law and Unruh Civil Rights Act, as well as the federal Electronic Funds Transfer Act. Don has substantial experience in all aspects of class litigation, including dispositive motions, class certification, complex settlements and objectors, trial, and appeal.

Don also helps companies protect websites and other digital properties from illegal bots, successfully litigating claims under the Digital Millennium Copyright Act, the Computer Fraud and Abuse Act, and California Penal Code Section 502. In addition, he assists clients in crafting and enforcing arbitration agreements.

Don has deep compliance and regulatory expertise concerning the Americans with Disabilities Act and other federal and state disability access laws. In more than 100 distinct matters, he has helped retailers, banks, media and software companies, property developers, equipment makers, hospitality and transportation companies, health insurers, nonprofit foundations and museums, and educational institutions address disability access issues in a variety of contexts, including stores, housing, lodging, websites, interactive media and media streaming, product design, and health plan benefits. Don also defends disability access lawsuits and helps clients navigate and resolve prelitigation demands and federal and state government investigations.

Don’s experience also includes defamation cases for plaintiffs and defendants, and successful trials in multiple practice areas, including employment discrimination and property code violations.

Experience

Experience

Representative Trial and Motion Experience

  • Robinson v. Sterling (Los Angeles County Superior Court, Complex Department). Defense of tenant class action claiming apartment building was uninhabitable due to fire code violations. Prevailed at trial on all claims following class certification.
  • Mankaruse v. Raytheon Company (Orange County Superior Court). Defense of wrongful termination lawsuit based on alleged age and disability discrimination. After four-week trial, jury ruled unanimously in favor of defendant on all claims. Judgment affirmed on appeal.
  • O’Donovan v. CashCall, Inc. (N.D. Cal.). Defense of borrower class action claiming finance lender violated Electronic Funds Transfer Act and Unfair Competition Law. Case settled favorably for lender following trial of class claims.
  • Manapol v. Tinder, Inc. (Los Angeles County Superior Court, Complex Department). Defense of putative class action claiming gender discrimination under Unruh Civil Rights Act based on features of dating app. Case dismissed for failure to state a claim.
  • Warner v. Tinder, Inc. (105 F. Supp. 3d 1083 [C.D. Cal. 2015]). Defense of putative class action against dating app under Electronic Funds Transfer Act, Unruh Civil Rights Act, Automatic Purchase Renewal Statute and Unfair Competition Law. Case dismissed for failure to state a claim.
  • Graf v. Match.com (2015 WL 4263957 [C.D. Cal. 2015]). Defense of putative class action against dating website under California’s Dating Service Contract Act. Motion to compel arbitration granted based on arbitration clause in terms of use (TOU).
  • Kim v. Tinder, Inc. (C.D. Cal.). Defense of putative class action against dating app claiming age discrimination based on pricing for app features. Motion to compel arbitration granted based on arbitration clause in TOU. Case then settled on classwide basis despite aggressive challenge by objectors.
  • Ticketmaster v. RMG, Inc. (507 F. Supp. 2d 1096 [C.D. Cal. 2007]; 536 F. Supp. 2d 1191 [C.D. Cal. 2008]). Prosecution of claims by online ticketing company against bot manufacturer under copyright law, Digital Millennium Copyright Act, Computer Fraud and Abuse Act, and state anti-bot statutes. Obtained judgment for $18 million and injunction prohibiting the manufacture, distribution and use of bots. Also obtained dismissal of antitrust counterclaims.
  • Ticketmaster Broker Cases (C.D. Cal., 2013–2014). Prosecution of claims against numerous ticket brokers based on use of bots to access website and buy tickets. Obtained permanent injunctions, and defendants agreed to make substantial payments.
  • Ticketmaster v. Prestige Entertainment (315 F. Supp. 3d 1147 [C.D. Cal. 2018]). Prosecution of claims against ticket broker based on use of bots to access website and mobile app to buy tickets. Defeated motion to dismiss; case then settled favorably for client.
  • Cabral v. Supple, LLC (Ninth Circuit, unreported). Obtained reversal of class certification in a false advertising case against a direct seller of supplement.
  • NML Capital v. Spaceport Sys. and Republic of Argentina (788 F. Supp. 2d 1111 [C.D. Cal. 2011]). Defeated lawsuit by a bond creditor seeking to enforce $300 million judgment against foreign sovereign. Creditor sought injunction and attachment to prevent the launch of a multinational satellite to conduct a scientific survey of oceanic conditions.
  • In re Ticketmaster Sales Practices Litigation (C.D. Cal.). Defended consolidated putative class action against Ticketmaster and TicketsNow alleging deception in online sale of tickets. Action settled favorably for defendants on classwide basis.
  • Mancini v. Ticketmaster (C.D. Cal.). Defended putative class action alleging violations of Consumer Legal Remedies Act and Unfair Competition Law regarding post-transaction enrollment process. Defeated class certification in trial court. Case settled favorably for defendants on classwide basis following reversal on appeal.
  • Yan v. Chinese Daily News (Los Angeles County Superior Court). Successfully defended newspaper against defamation claim by high-profile Chinese dissident. Attorneys’ fees awarded under anti-SLAPP Act.
  • Blanks v. Greenfield (106 Cal. App. 4th 743 [2003]). Successfully defended executive in a dispute over $140 million in profits from exercise infomercial, resulting in a published decision by Second Appellate District under the Talent Agencies Act.

Representative Americans with Disabilities Act (ADA) Experience

  • Guided ticketing company through Department of Justice (DOJ) investigations regarding process for purchasing accessible seating. Guided same company through extended negotiations with National Federation of the Blind regarding accessibility of company’s website and mobile app. Defeated putative class action at pleading stage regarding accessibility of company’s website. Defeated putative class action regarding company’s accessible seating sales practices.
  • Guided streaming content provider through successful three-year negotiation with National Association of the Deaf regarding closed-captioning of IP-streamed content.
  • Defend retailers and financial institutions in lawsuits and prelitigation negotiations regarding accessibility of facilities, websites and mobile apps.
  • Advise city-affiliated bike-share operators and parking meter providers on disability issues, ADA strategy and potential ADA claims.
  • Assisted Fortune 500 health insurer in development of ADA compliance plan.
  • Guided producer of popular network musical competition series through DOJ investigation regarding disability access to its auditions. DOJ closed investigation without taking action.
Speaking Engagements

Speaking Engagements

Speaker, “Ethics and E-Discovery: What You Don’t Know Will Hurt You and Your Client,” Law and Forensics Webinar, July 9, 2018.

Speaker, “Understanding the New ADA Regulations,” International Ticketing Association Annual Conference, 2011.

Memberships

Memberships

AV-rated by Martindale-Hubbell

Admitted to practice in the courts of California, the U.S. District Courts in California, and the U.S. Courts of Appeal, Ninth and Eleventh Circuits

Member of Board of Directors of the Disability Rights Legal Center (2014–2019)

Publications

Publications

Author, “Virtual depositions in the time of COVID-19: a personal account,” Daily Journal, April 24, 2020.

Don in the News

  • 10.26.18

    Federal Judge Blocks Government’s Attempts to Deny Vulnerable ...

    A federal district judge issued an order Wednesday blocking the Trump administration’s efforts to deny some abused, abandoned or neglected children...



Don's Articles

  • 04.24.20

    Virtual Depositions in the Time of COVID-19: A Personal Account

    Manatt litigation partner Donald Brown penned an article for Daily Journal offering his personal account of virtual depositions amid the ...



Don's Newsletters

  • 07.21.20

    ADA Website Litigation Reaches the Cannabis Industry

    For the past decade, plaintiffs’ lawyers have been trolling the Internet for websites that are incompatible with screen-reader technology used ...

  • 02.05.20

    ‘Krab Mix’ Claims Are Clawless, Court Rules

    A deft use of the letter “k” enabled P.F. Chang’s China Bistro to dodge a false advertising lawsuit alleging it failed to serve ...

  • 11.12.19

    Next Trend In ADA Suits: Gift Cards

    Here’s the latest fad in Americans with Disabilities Act (ADA) lawsuits against retailers: demanding that gift cards contain braille.  

  • 10.11.19

    Retail and Consumer Products Law Roundup October 2019

    In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans ...

Show More
manatt-black

ATTORNEY ADVERTISING

pursuant to New York DR 2-101(f)

© 2021 Manatt, Phelps & Phillips, LLP.

All rights reserved 

 

  • Services
  • People
  • Insights
  • About Us
  • Careers
  • Offices & Contacts
  • Disclaimer
  • Privacy Statement

Share This Page

Your Information
Recipient's Information