
Amy P. Lally
- Commercial Litigation and Disputes
- Consumer Class Actions
- Environmental
- Privacy and Cybersecurity
AMY P. LALLY is a trial lawyer who practices in all areas of litigation, including class actions, contract dispute litigation and real estate litigation. She serves as a global co-leader of Sidley’s Consumer Class Actions practice area. Amy has broadly represented the consumer products and services industries in litigation arising under Proposition 65, California’s Unfair Business Practices Act (UCL, Section 17200), False Advertising Law (FAL, Section 17500), the Consumer Legal Remedies Act (CLRA), labeling laws (including on comparative pricing and Made in America), the California Invasion of Privacy Act (CIPA), TCPA, the Song-Beverly Credit Card Act and California’s Shine the Light law. She is a leading member of Sidley’s CCPA Litigation Task Force, a dedicated group of lawyers focused on the California Consumer Privacy Act (CCPA), counseling clients on how to assess and mitigate litigation risks by putting in place the policies, procedures and protocols that comply with the new law. Her clients include numerous consumer goods manufacturers and retailers, including vitamin and dietary supplement companies, pharmaceutical companies, apparel, furniture and home goods companies and e-commerce companies. Amy also has represented a wide variety of other businesses such as financial institutions, hedge funds, accounting firms and oil and gas companies.
Amy has tried cases to verdict in both California state and federal court and the Court of Federal Claims. She litigates cases in multiple courts throughout California, including in the counties of Alameda, Los Angeles, Orange, Riverside, Sacramento, San Diego, San Francisco and San Mateo.
Clients have described Amy as “an excellent trial lawyer; she is an aggressive and knowledgeable advocate in Prop. 65 Cases” (Chambers USA, 2015). She was also recommended in the 2017 edition of The Legal 500 for dispute resolution.
Amy earned her J.D. from Georgetown University Law Center and her B.A. from Boston College, summa cum laude, and was a member of Phi Beta Kappa, Golden Key National Honor Society and Cross and Crown Honor Society.
Experience
- Representative Matters
- Pro Bono
- Memberships and Activities
- Prevailed on a motion to compel arbitration in the Central District of California against a putative class action asserting breach of contract, fraud and unfair business practices (Section 17200) claims against a cable service provider.
- Obtained dismissal of RICO class action in the Northern District of California against defendants, including a national clothing retailer, alleging that an anti-shoplifting recidivism program constituted extortion.
- Defeated TCPA class action in the Central District of California challenging call to action text marketing campaigns.
- Obtained a dismissal of putative class action against a national retailer challenging outlet store pricing under Business & Professions Code Section 17501.
- Prevailed on a motion for summary judgment in the Central District of California against a putative false advertising class action regarding homeopathic cold and flu remedies.
- Motion to dismiss granted in the Northern District of California on a putative false advertising class action regarding personal care products.
- Negotiated several favorable single-plaintiff settlements in putative false advertising class actions against the cosmetics industry.
- Obtained Court dismissal of a putative class action alleging claims arising under California laws on gift certificates, liquidated damages, unconscionability, Section 17200 (unfair business practices), Section 17500 (false advertising) and the Consumer Legal Remedies Act.
- Lead trial counsel for two dietary supplement companies in a Proposition 65 lawsuit asserting failure to warn with respect to certain dietary supplements. The court ruled in favor of dietary supplement companies on all issues in the bifurcated trial.
- Trial counsel for Pacific Gas & Electric Company in a lawsuit with co-plaintiffs Southern California Edison, San Diego Gas & Electric and the State of California seeking to recover hundreds of millions of dollars in wholesale electricity overcharges from governmental entity defendants that sold power into the California markets during the Energy Crisis. The court found in favor of Pacific Gas and Electric and the other plaintiffs.
- Defeated class certification in a putative class action asserting breach of contract, fraud and unfair business practices (Section 17200) claims against a large on-line food ordering service.
- Representation of seven vitamin manufacturers and liaison counsel to all defendants in the industry in a Proposition 65 lawsuit brought by the California Attorney General and six district attorneys against 45 defendants.
- Several representations of consumer product manufacturers and retailers and consumer service companies in putative class actions arising out of the California Invasion of Privacy Act (CIPA).
- Obtained summary judgment for an oil & gas company in two concurrent lawsuits, a putative class action of all branded service station franchisees in California and a non-class action brought by nearly two dozen franchisees, alleging a violation of the franchisees’ right of first refusal to purchase their stations and various purported unfair business practices in the pricing of gasoline and the implementation of the franchise agreement. Both summary judgments were affirmed on appeal.
- Lead counsel in multiple putative class actions brought against national consumer products retailers alleging privacy violations of the Song-Beverly Credit Card Act in connection with credit card transactions.
- Obtained court dismissal for AIG Retirement Services Inc. in a lawsuit brought by Brill Media Company LLC and its affiliates seeking more than $75 million in damages in claims arising out of Brill Media’s bankruptcy.
- Multiple representations of lenders in actions for foreclosure and breaches of guaranty agreements in connection with loans secured by real property located throughout California and involving a wide variety of businesses including nursing homes, casinos, hotels, restaurants and residential developments.
Amy maintains an active pro bono practice. Most recently, she led a large cross-office Sidley team working alongside pro bono partner Public Counsel to seek a preliminary injunction requiring the government to provide mental health services to a putative class of immigrant families separated upon entry into the United States. On November 6, 2019, in a groundbreaking 50-page order, Judge Kronstadt of the U.S. District Court for the Central District of California granted the preliminary injunction and certified the class, requiring mental health screenings and treatment to help separated family members begin to address the severe and ongoing trauma associated with family separation. As a result of her work and on behalf of the team, Amy accepted the 2019 Public Counsel Pro Bono award in honor and recognition of Sidley’s efforts on this matter.
- Member, Steering Committee, Cambridge Food Law Forum
- Member, Board of Governors, USC Institute for Corporate Counsel
- Fellow, Litigation Counsel of America (2016)
- Member, American Bar Association
- Member, Los Angeles County Bar Association
- Member, Trial Law Institute (2015–2016)
- Member, Women Lawyers Association Los Angeles
- Director, Palisades Enrichment Programs (2012–2016)
- Director, Western Center on Law and Poverty (2010–2015)
Capabilities
- Commercial Litigation and Disputes
- Consumer Class Actions
- Environmental
- Privacy and Cybersecurity
- Business Torts
- California's Proposition 65
- Consumer Products
- Consumer Products and Services Litigation
- Consumer Protection and Unfair Trade Practices
- Contract Litigation
- Dietary Supplements and Over-the-Counter (OTC) Products
- Food, Beverages and Cosmetics
- Real Estate Litigation
- Real Estate Workouts and Restructurings
- Trial Litigation
News & Insights
Credentials
Admissions & Certifications
- U.S. Court of Federal Claims
- U.S. Court of Appeals, 9th Circuit
- U.S. District Court, N.D. of California
- U.S. District Court, C.D. of California
- U.S. District Court, S.D. of California
- U.S. District Court, E.D. of Wisconsin
- California
Education
- Georgetown University Law Center, J.D., 1998
- Boston College, B.A., 1995 (summa cum laude, Phi Beta Kappa, Golden Key National Honor Society, Cross and Crown Honor Society)