REPRESENTATIVE EXPERIENCE
Nicole C. Mueller
Class Action Defense
Defense counsel for a luxury fashion house and its parent company against a putative class action claim alleging violation of the Illinois Consumer Fraud Act (ICFA) in connection with the marketing and sales of exotic animal skin products.
Defended a global energy trading company and its US subsidiary in a series of federal class actions and a civil action by the California Attorney General involving allegations of market manipulation and violations of the antitrust and unfair competition laws stemming from trading activity in the California gasoline spot market.
Represent one of the largest vending machine operators in the United States in a complex consolidated consumer class action regarding pricing practices and alleged deceptive labeling practices with claims brought under state consumer protection statutes of over 30 states, claims for unjust enrichment, consumer fraud, conversation, and breach of contract.
Defended a solar panel manufacturer against a class action involving contract, warranty, Magnuson-Moss Warranty Act, California Consumer Legal Remedies Act, and California Unfair Competition Law claims.
Represented companies in the health care, financial, and manufacturing sectors in putative class actions brought across the country alleging violation of the Telephone Consumer Protection Act (TCPA) and analogous state “mini-TCPA” statutes.
Complex Litigation and Arbitration
Defense of a petroleum company and affiliates in litigation instituted by City of Chicago alleging violation of consumer protection statute and theories of nuisance.
Obtained dismissal of a lawsuit against a film studio and film producers alleging that depiction of characters as members of a particular ethnic group defamed all members of that group.
Obtained summary judgment for an investment advisor in a lawsuit alleging excessive fees in violation of Section 36(b) of the Investment Company Act of 1940.
Obtained summary judgment in favor of a financial institution in an action alleging violations of the Fair Housing Act, and successfully leveraged the favorable ruling to obtain dismissal of similar claims pending in other jurisdictions.
Defended a global beverage manufacturer in AAA arbitration involving dealership terminations.
Defend a medical device company in a multimillion-dollar breach of contract dispute.
Represented a consumer product servicer in a breach of contract dispute stemming from sale of business and ancillary non-competition agreements.
Obtained a full arbitration award in favor of a subcontractor in a dispute over construction of troop housing on a US air base before the International Chamber of Commerce (ICC).
Represented a financial institution in adversary proceedings in multiple jurisdictions seeking to discharge private educational loans, obtaining multiple victories at the pleading stage.
Securities Litigation and Regulation
Defense of an individual in connection with securities fraud litigation pending against a public company providing nonclinical and analytical drug discovery and development services.
Represented a high-profile individual in a class action applying then-untested theories regarding whether an individual who discussed cryptocurrencies on YouTube or other social media platforms could be considered a "seller" of securities under the federal securities laws.
Defended a public marketing technology company in a series of class action and derivative lawsuits alleging securities fraud and failure of corporate governance, obtaining favorable settlement and successfully shepherding settlement through the process of obtaining court approval.
Obtained dismissal of a derivative lawsuit filed against a public automobile importer and served as the primary drafter of a writ of mandamus filed with the Nevada Supreme Court, calling upon the Court to establish pleading requirements applicable to derivative actions in the State of Nevada.
Advised a client in the entertainment industry regarding applicability of securities laws to sale of NFTs.
Pro Bono Experience
Represented pro bono individuals seeking asylum or similar relief in the United States, including obtaining relief for two clients following contested evidentiary hearings before the US Immigration Court.
Investigated an individual's claims that he was tortured by the Chicago Police Department into confessing to a murder and presented findings and recommendation to the Illinois Torture Relief Commission, who adopted the recommendation.
