Albert Giang - King & Spalding
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Albert Giang
Partner
Trial and Global Disputes
Los Angeles: +1 213 218 4001
San Francisco: +1 415 318 1251
agiang@kslaw.com
Albert Giang’s cutting-edge practice focuses on defending tech startups and public companies
against class actions, regulatory investigation and enforcement, and other litigation, and providing
crisis management for disrupters who are navigating novel legal and regulatory issues. A thought
leader in the tech industry, his clients include some of the most respected companies in the gig
economy, e-commerce, telemedicine, and social networking/media space. According to the Los
Angeles Business Journal, Albert “has built an impressive track record for passionate advocacy on
some of the most pressing legal issues – a pillar of influence in the technology, appellate and pro
bono fields.”
Albert offers an unmatched blend of consumer, employment, and tech expertise—e.g., he led the
successful defense of the first COVID class action against a gig economy company accused of
failing to provide PPE to independent contractors, while also obtaining one of the Top California
Verdicts of 2020 that dismissed with prejudice a nationwide TCPA class action alleging
robotexting. In addition to defending clients as outside litigation counsel, Albert has been asked to
serve two stints in-house at a leading technology company and provides strategic counseling on
novel product rollouts and regulatory issues, commercial disputes, and complex consumer and
employment disputes. Albert serves as “go to” counsel for his clients on issues such as platform
liability; employment and worker classification; tech investigations and regulatory enforcement
(e.g., by City Attorneys, District Attorneys, or Attorneys General); marketing and advertising law
(e.g., TCPA); consumer protection and unfair competition laws (e.g., UCL, CCPA); the
Communications Decency Act (CDA); Terms of Service (TOS) drafting and enforcement; and mass
arbitration strategy.
Albert also specializes in appellate litigation, having represented clients in numerous cases in the
United States Supreme Court, the United States Courts of Appeal, and California appellate courts.
Albert has been recognized as one of the Minority Leaders of Influence of 2021 by the Los
Angeles Business Journal, one of the Best Under 40 by the National Asian Pacific American Bar
Association, a Rising Star in the appellate field by Super Lawyers and Los Angeles magazines, and
one of the 500 Leading U.S. Corporate Employment Lawyers by Lawdragon.
Recent Speaking Engagements:
Presenter, “Marketing Gone Wild: Litigation and Regulatory Trends,” 2020 Marketplace
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www.kslaw.com 1Risk & Global Summit
Program Chair and Presenter, “Through a Judge’s Eyes: How Courts View Your Terms of
Service,” 2019 All Hands Conference
Program Chair and Presenter, “When the Government Calls—From Responding to
Regulatory Fines to Articulating Your Policy Vision,” 2019 Marketplace Risk Management
Conference
Program Chair and Presenter, “The Future of Marketplace Defenses: Updates and Trends in
Platform Protection and Litigation,” 2018 Marketplace Risk Management Conference
Program Chair and Speaker, “A Turning Point: How the National Conversation about
Diversity and Inclusion is Hitting Tech,” 2018 Minority Corporate Counsel Association G-
TEC Conference, Plenary Session
Speaker, “Ethical Issues for In-House & Outside Counsel,” 2017 CMCP – Kaiser Permanente
CLE Marathon
Speaker, “An Ounce of Prevention—Best Practices When Planning for and Facing
Litigation,” 2017 Marketplace Risk Management Conference
Program Chair and Speaker, “The Sharing Economy: Disrupting the Business and Legal
Landscape,” 2016 National Asian Pacific American Bar Association Annual Convention
Speaker, “A Panel Discussion on Fisher v. University of Texas,” 2013 Asian Pacific
American Bar Association of Los Angeles
Matters
Class Action & Trial Matters
Employment/Worker Classification: Lead defense counsel for an international insurance company
in multiple class, collective, and representative actions in federal and state courts throughout the
United States—which allege that insurance sales agents were misclassified and were not paid for
training—including prevailing against nationwide Fair Labor Standards Act (“FLSA”) collective
actions in Pennsylvania and Arkansas federal courts.
Lead defense counsel in COVID class action against a gig economy client accused of “public
nuisance” and failure to provide PPE to couriers during COVID in violation of California wage-and-
hour laws—compelling arbitration by successfully arguing that couriers were engaged in local
transactions (and not interstate workers) and did not qualify for “public injunctive relief” simply by
invoking public health.
Lead defense counsel for several clients in governmental/regulatory investigations and audits
alleging independent contractor misclassification in ABC states such as California and
Massachusetts.
Lead defense counsel in obtaining N.D. Cal. approval of a California-wide class settlement with
insurance trainees and sales agents, which was achieved in part due to counsel’s strategic invocation
of a little-known exemption from AB5 and aggressive class waiver arguments.
Marketing/TCPA: Lead strategy counsel in obtaining complete dismissal with prejudice of a
nationwide “robotexting” class action in N.D. Cal., successfully arguing that the plaintiff failed to
establish that a tech platform “controlled the manner and means” of the alleged marketers who sent
the texts. This widely-reported decision was recognized as one of the Top California Verdicts of
2020 because of its important implications for vicarious liability under the TCPA.
Lead counsel in two nationwide class actions under the Telephone Consumer Protection Act (TCPA)
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www.kslaw.com 2alleging that a cannabis platform sent improper text messages, obtaining dismissal of one action and
successfully defending the enforceability of cannabis contracts and arbitration provisions under
federal law.
Lead counsel for several technology companies in successfully resolving various nationwide TCPA
class actions on an individual basis.
Consumer Protection/Unfair Competition: Lead defense counsel for a homesharing technology,
obtaining early dismissal with prejudice of the first class action brought by property owners alleging
improper service fees and violations of rent control laws under California’s Unfair Competition
Law, followed by a complete affirmance in the California Court of Appeal.
Lead counsel for a ridesharing technology, successfully compelling arbitration of damages claims in
a statewide class action challenging certain service fees.
Lead counsel for a ridesharing technology—and the first counsel to successfully enforce the
company’s online arbitration agreement—in obtaining dismissal of a nationwide class action
alleging misrepresentations and breach of contract from a promotional campaign.
Lead counsel for a cannabis platform in a high-profile business dispute where a Canadian competitor
alleged unfair competition relating to credit card processing, raising novel issues about the legality
of cannabis transactions under federal law.
Lead counsel in regulatory trial and appeal on behalf of a disruptive sightseeing startup, which was
granted a license despite suit by a competitor alleging violations of California Public Utilities
Commission rules and regulations.
Tech Investigations/Regulatory Enforcements: Numerous governmental investigations and
enforcement actions (e.g., Attorney General, District Attorney, City Attorney) against technology
clients on a variety of regulatory/compliance issues, including California Consumer Privacy Act
(CCPA) and privacy violations; safety representations; background checks; auto-renewal and
pricing practices; electric scooters and electric bicycles; employment classification; and municipal
fines.
Appeals
Co-lead appellate counsel in the Texas Court of Appeal, obtaining reversal of the trial court’s
finding of specific personal jurisdiction over a California-based fashion influencer platform accused
of data scraping and intellectual property violations by a rival platform.
Counsel of record in the United States Supreme Court on behalf of “on-demand” tech companies,
filing an amicus curiae brief that argued that an overbroad definition of “automatic telephone
dialing system” under the TCPA would harm technology companies and stymie innovation.
Lead appellate counsel in the Ninth Circuit, successfully arguing that a victim of brutal domestic
violence by a police officer in Mexico had been subject to torture under the international Convention
Against Torture, which should not be excused under a “romantic partner” exception, in a favorable
3-0 panel decision.
Counsel of record representing more than 140 Asian American and Pacific Islander (AAPI)
organizations in filing an amicus curiae brief defending the use of affirmative action to advance
educational diversity in the United States Supreme Court case of Fisher v. University of Texas at
Austin (Fisher II), where the majority agreed that the university’s admissions policy did not harm
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www.kslaw.com 3AAPI students.
Appellate counsel for a nationwide health club, successfully persuading the California Court of
Appeal to dismiss a certified class action and to affirm that the plaintiffs had failed to prove class-
wide consumer confusion under California's Unfair Competition Law.
Appellate counsel representing the California Retailers Association and several of the world’s
largest retailers as amicus curiae, advocating for the enforceability of co-tenancy clauses in
commercial real estate leases in the California Court of Appeal.
Appellate counsel in an important and published Ninth Circuit decision securing a new trial for an
inmate who had received ineffective assistance of counsel during the plea negotiation process, and
successfully defended against the State of California’s petition for certiorari in the United States
Supreme Court.
Appellate counsel representing Equality California throughout the closely watched litigation over
California’s ban on same-sex marriage, arguing that the ban’s proponents lacked standing in federal
court. Not only was this briefing specifically cited in the Ninth Circuit’s order certifying the
question of standing to the California Supreme Court (Perry v. Schwarzenegger), Albert coauthored
an amicus curiae brief on the standing argument that ultimately prevailed in the United States
Supreme Court (Hollingsworth v. Perry).
Appellate counsel in the Ninth Circuit Court of Appeals, successfully arguing for relief under the
Convention Against Torture to prevent the deportation of a transgender woman who had been
brutally raped and beaten by local police in Mexico, resulting in her release after more than four
years in detention.
Appellate counsel in the California Court of Appeal, the California Supreme Court, and the United
States Supreme Court, successfully defending summary judgment on behalf of an entertainment
client in an employment action brought by a former radio manager.
Credentials
EDUCATION
J.D., Stanford University, Distinction
B.A., Amherst College, magna cum laude, Phi Beta Kappa
ADMISSIONS
Supreme Court of the United States
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Central District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
California
CLERKSHIPS
Law Clerk, Hon. Richard A. Paez, U.S. Court of Appeals for the Ninth Circuit
ASSOCIATIONS
Advisory Board, Marketplace Risk
Board Member, Executive Advisory Council, Asian Americans Advancing Justice – Los Angeles
Co-Chair, Amicus Committee, National Asian Pacific American Bar Association
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www.kslaw.com 4LANGUAGES
Mandarin Chinese
Recognition
Pro Bono Award, National Asian Pacific American Bar Association
2018
Most Influential Minority Attorneys, Los Angeles Business Journal
2016, 2017
Fellow, Legal Council on Legal Diversity
2017
Advisory Council, MCCA Global TEC Forum
2017
Rising Star-Appellate Litigation, Southern California Super Lawyers
2014-2017
Best Under 40, NAPABA
2013
Insights
CLIENT ALERT
July 29, 2021
California’s Proposed Worker Co-Op Model for the Gig Economy
Events
WEBINAR
August 5, 2020
Marketing Mayhem: Supreme Court Update & Litigation Trends
News
IN THE NEWS
September 7, 2021 • Source: Law360
Quyen Ta, Kelly Perigoe and Albert Giang represent Molina Healthcare in a False Claims Act
dispute before the Seventh Circuit
RECOGNITION
September 7, 2021
Minority Corporate Counsel Association Names King & Spalding Partner Albert Giang a Rising
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www.kslaw.com 5Star
August 30, 2021
Los Angeles Times Names Albert Giang and Peter Strotz to its Business of Law: Legal
Visionaries List
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