- Court-Appointed Co-Lead Counsel in First Choice Federal Credit Union v. The Wendy’s Co., No. 16-cv-00506 (W.D. Pa.), achieving one of the largest settlements on behalf of financial institutions in a data breach class action
- Achieved reversal of dismissal in case she argued before the U.S. Court of Appeals for the Ninth Circuit in Nunes v. Saks Inc., 771 F. App’x 401 (9th Cir. May 30, 2019)
- Served in the White House as Assistant to the Special Counsel to President Clinton
Erin Green Comite is a partner in the Firm’s Connecticut office and currently serves in a leadership role in a number of complex class actions throughout the United States, representing the rights of shareholders, employees, consumers, and other individuals harmed by corporate misrepresentation and malfeasance.
Courts have recognized Ms. Comite’s professionalism and competence. As court-appointed co-lead counsel in First Choice Federal Credit Union v. The Wendy’s Co., No. 16-cv-00506 (W.D. Pa.), Ms. Comite represented a class of financial institutions that incurred losses arising out of a data breach and achieved a $50 million settlement – one of the largest data breach settlements reached on behalf of financial institutions. In granting final approval to the settlement, U.S. Magistrate Judge Maureen Kelly commended Ms. Comite and her co-counsel, stating: “it’s apparent to the Court that there was substantial and significant high-level work performed by counsel for the plaintiffs” and “as involved as this case was, if every case I had was as well-organized and professionally presented as this case has been, my life would be much easier.” Wendy’s, ECF No. 194, Nov. 6, 2019, Hrg. Tr. at 27-28, 32.
While Ms. Comite is experienced in all aspects of complex pre-trial litigation, she is particularly accomplished in achieving favorable results in discovery disputes. In Hohider v. United Parcel Service, Inc., Ms. Comite spearheaded a nearly year-long investigation into every facet of UPS’s preservation methods, requiring intensive, full-time efforts by a team of attorneys and paralegals well beyond that required in the normal course of pre-trial litigation. Ms. Comite assisted in devising the plan of investigation in weekly conference calls with the Special Master, coordinated the review of over 30,000 documents that uncovered a blatant trail of deception and prepared dozens of briefs to describe the spoliation and its ramifications on the case to the Special Master. In reaction to UPS’s flagrant discovery abuses brought to light through the investigation, the Court conditioned the parties’ settlement of the three individual ADA cases on UPS adopting and implementing preservation practices that passed the approval of the Special Master
In addition, Ms. Comite supports Connecticut Children’s Medical Center and the American Heart Association.
Ms. Comite recently was appointed as co-lead counsel in two cases pending against sellers of baby food that contains elevated levels of heavy metals, In re Plum Baby Food Litig., No. 21-cv-02417-NLH-SAK (D.N.J.) and Wilson v. Walmart, Inc., No. 3:21-cv-00082-DPM (E.D. Ark.), and currently is litigating deceptive trade practices claims against Walgreen Co. and Rite Aid Corp. on behalf of consumers allegedly overcharged for generic prescription drugs, Forth v. Walgreen Co., No. 1:17-cv-02246 (N.D. Ill.) and Stafford v. Rite Aid Corp., No. 3:17-cv-01340 (S.D. Cal.), and privacy claims against Google, Inc. and Apple, Inc. on behalf of owners of allegedly eavesdropping Google Assistant and Siri enabled devices, In re Google Assistant Privacy Litig., No. 5:19-cv-04286 (N.D. Cal.) and Lopez v. Apple Inc., No. 4:19-cv-04577 (N.D. Cal.).
Ms. Comite’s representative settlements include:
- First Choice Federal Credit Union v. The Wendy’s Co., No. 16-cv-00506 (W.D. Pa.), Ms. Comite Court-Appointed Co-Lead Counsel ($50 million settlement)
- In re Equifax, Inc. Customer Data Security Breach Litig., MDL No. 2800 (N.D. Ga.), Scott+Scott Court-Appointed Co-Lead Counsel, Ms. Comite Law & Briefing Committee Chair (settlement valued at $35.2 million)
- In re The Home Depot, Inc., Customer Data Security Breach Litig., MDL No. 2583 (N.D. Ga.), Scott+Scott Court-Appointed Co-Lead Counsel, Ms. Comite Law & Briefing Committee member ($27.25 million settlement)
- In re Target Corporation Customer Data Security Breach Litig., MDL No. 2522 (D. Minn.), Scott+Scott Plaintiffs’ Steering Committee member, Ms. Comite Discovery Committee member ($59 million settlement)
- Veridian Credit Union v. Eddie Bauer LLC, No. 2:17-cv-00356 (W.D. Wa.) (settlement valued at $9.8 million)
- Arkansas Federal Credit Union v. Hudson’s Bay Co., No. 19-cv-4492 (S.D.N.Y.) ($5.1 settlement)
- Luca v. Wyndham Worldwide Corp., No. 2:16-cv-00746 (W.D. Pa.) ($7.6 settlement)
- Greater Chautauqua Federal Credit Union v. Kmart Corp., No. 15-cv-02228 (N.D. Ill.), Ms. Comite Chair of the Plaintiffs’ Steering Committee ($8.1 million settlement)
- Howerton v. Cargill, Inc., No. 13-cv-00336 (D. Haw.) ($6.1 settlement)
- Valle v. Popular Community Bank, No. 653936/2012 (N.Y. Supreme Ct.) ($5.2 million settlement)
- In re Nutella Mktg. & Sales Practices Litig., No. 11-cv-01086 (D.N.J.) ($2.5 million settlement)
- In re Arby’s Restaurant Group, Inc. Data Security Litig., No. 17-mi-55555 (N.D. Ga.),Ms. Comite Plaintiffs’ Steering Committee member ($2.3 million settlement)
- Morrow v. Ann, Inc., No. 1:16-cv-03340 (S.D.N.Y.) ($8.1 million settlement)
- Murr v. Capital One Bank (USA), N.A., 13-cv-1091 (E.D. Va.) ($7.3 million settlement)
- In re Priceline.com Securities Litig. ($80 million settlement)
- Schnall v. Annuity and Life Re (Holdings) Ltd. ($27 million settlement)
- In re Qwest Communications International, Inc. (settlement obtaining $25 million for the company and achieving corporate governance reforms aimed at ensuring board independence).
Ms. Comite’s appellate victories in consumer class actions include:
- Nunes v. Saks Inc., 771 F. App’x 401 (9th Cir. May 30, 2019) (oral argument and on brief) (reversal of dismissal)
- Chavez v. Nestle USA, Inc., 511 F. App’x 606 (9th Cir. 2013) (on brief) (reversal of dismissal)
- In re Nutella Mktg. & Sales Practices Litig., 589 F. App’x 53 (3d Cir. 2014) (on brief) (defending settlement from professional objectors)