Jeffrey Koncius

Partner

Jeffrey Koncius

Partner

Contacts

310 854-4444

   FOCUS OF PRACTICE

Class Actions

Mass Torts

Financial Services Litigation

 

   PROFESSIONAL EXPERIENCE

Jeff, again nominated in 2018 as a Southern California Super Lawyer, has been a civil litigator on behalf of plaintiffs for his entire career handling complex matters in federal and state courts, and arbitration. With experience in all aspects of civil trial and appellate practice, he has concentrated on consumer class actions in courts throughout the country representing consumers against large corporations and now does the same in mass torts and financial services litigation.

In the area of class actions, Jeff recently represented several notable musicians, among them, The Temptations and The Motels, in class actions seeking compensation relating to the payment of digital download royalties from their record labels including Universal Music Group, Capitol EMI and Warner Brothers. Jeff also has represented various Hollywood notables, including the estates of Charles Bronson, Peter Sellers and Richard Pryor, seeking payment of home video royalties from major movies studios including Universal Studios, Paramount Pictures, Twentieth Century Fox, Sony Pictures, MGM and Warner Brothers. The majority of the studios have settled with total payments exceeding $51 million to class members. So too he has recently handled class actions against BMW relating to the timing chain in MINI Cooper vehicles, Toyota for HVAC systems and GM for braking issues. He now serves as liaison counsel on coordinated actions in state and federal courts relating to Ford Focus and Fiesta automobiles. He is also litigating on behalf of individual investors as a result of wrongdoing by their financial services advisors.

 

   SELECT CASES

Skeen v. BMW, United States District Court, District of New Jersey. Nationwide class action alleging defective timing chain tensioner in certain turbo model MINI Cooper automobiles results in engine damage. Class settlement approved which provided for refunds to consumers, free repairs and an extended warranty. Settlement checks to the class averaged $1,300 each.

 Colin Higgins Productions, Ltd. v. Universal City Studios, Colin Higgins Productions, Ltd. v. Paramount Pictures Corporation, Larry E. Martindale v. Sony Pictures Entertainment Inc., Stanley Donen Films, Inc. v. Twentieth Century Fox Film Corporation, Los Angeles County. Nationwide class action by profit participants who challenged how they were being paid by Universal and Paramount on home video revenue it received from its subsidiary. Gross settlements of $51 million approved.

 In re: Warner Music Group Corp. Digital Downloads Litigation, United States District Court, Northern District of California. Nationwide class action alleging Warner Music failed to properly account to class members for digital downloads and ringtones under certain contracts. Plaintiffs claimed that such transactions should have been paid at a “license” rate rather than a “sale” rate. The Court approved a settlement of at least $11.5 million.

 Nader v. Capital One Bank (U.S.A.), N.A., United States District Court, Central District of California. Class action covering California, Florida, Maryland, Nevada and New Hampshire, alleging that Capital One wrongfully recorded telephone calls with consumers without their consent. The settlement approved by the Court created a fund of $3 million to be paid to consumers.

Tully v. AT&T Communications of California, Inc., Superior Court of California, Los Angeles County. California statewide class action alleging overcharging and improper collection of fees by telecommunication carrier. The settlement approved by the Court created a fund of $4.3 million to be returned to the Class of more than 318,000 low income consumers which represented the amounts that they were overcharged plus interest.

In re LG/Zenith Rear Projection Television Class Action Litigation, United States District Court, District of New Jersey. Nationwide consolidated class action representing tens of thousands of consumers alleging that televisions were sold to the public with defective components resulting in discoloration of the picture. Settlement approved that provided for refunds and repairs valued at tens of millions of dollars.

In re Sony SXRD Rear Projection Television Class Action Litigation, United States District Court, Southern District of New York. Nationwide class action brought on behalf of hundreds of thousands of consumers alleging that televisions were sold with an inherent defect which caused color anomalies to be displayed across their screens. In approving the settlement, the Court noted that the settlement terms provided a “comprehensive remedy to class members”.

Friedman v. Samsung Electronics America and Summer v. Toshiba America Consumer Products, Inc., Superior Court of New Jersey, and Messick v. Pioneer Electronics, USA, Inc., Superior Court of California, Los Angeles County. Three separate nationwide class actions brought on behalf of millions of consumers alleging that Samsung, Toshiba and Pioneer DVD players contained inherent defects rendering them incompatible with the DVD Video specification and unable to properly play DVD Video discs. The settlements approved by the Courts were valued at more than $100 million.

 Maish v. Criterion Catalysts Company, Superior Court of California, Los Angeles County. Class of more than 100 workers certified asserting wage and hour claims. Settlement for back wages and interest negotiated and approved by the Court.

Weber v. Saint John’s Health Center, Shimada v. Dun & Bradstreet, Inc. and Duronslet v. Transworld Systems, Inc., United States District Court, Central District of California. Three nationwide class actions on behalf of more than 11,000, 51,000 and 1.5 million class members, respectively, alleging violations of the federal Fair Debt Collection Practices Act. Monetary settlements were negotiated and approved by the Court in each matter.

 

   REPORTED DECISIONS

Loeffler v. Target Corp., 58 Cal. 4th 1081 (2014)

Lopez v. Brown, 217 Cal. App. 4th 1114 (2013)

Spielman v. Ex’pression Ctr. for New Media, 191 Cal. App. 4th 420 (2010)

Pioneer Elecs. (USA) Inc. v. Superior Court, 40 Cal. 4th 360 (2007)

Bush v. Cheaptickets, Inc., 425 F.3d 683 (9th Cir. 2005)

Morohoshi v. Pacific Home, 34 Cal. 4th 482 (2004)

Bird, Marella, Boxer & Wolpert v. Superior Court, 106 Cal. App. 4th 419 (2003)

 

   PROFESSIONAL AFFILIATIONS

Board Member, Federal Bar Association (Los Angeles)

Committee Member (Complex Courts Committee), Los Angeles County Bar Association

Committee Member (PIABA Bar Journal), The Public Investors Arbitration Bar Association

Member, American Association for Justice

Member, Association of Business Trial Lawyers (Los Angeles)

Member, California Indian Law Association

Member, Consumer Attorneys Association of Los Angeles

Member, Consumer Attorneys of California

 

 

   ADMISSIONS

State Bar of California, 1997

State Bar of New Jersey, 1995

State Bar of New York, 1997

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court, Central District of California

U.S. District Court, Eastern District of California

U.S. District Court, Northern District of California

U.S. District Court, Southern District of California

U.S. District Court, District of New Jersey

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New Yorkk

 

   EDUCATION

Juris Doctor – Benjamin N. Cardozo School of Law, New York, NY, 1995

             Member and Supervising Editor, Cardozo Law Review

Bachelor of Arts – Johns Hopkins University, Baltimore, MD, 1989

 

   SELECTED SPEAKING ENGAGEMENTS

“20th Annual Litigators Forum: Hot Topics In Privacy and Data Protection,” Women Lawyers Association of Los Angeles, Los Angeles, CA (2015)

“Settling the Class: A Guide to Negotiating, Drafting and Obtaining Court Approval for Class Action Settlements,” Association of Business Trial Lawyers-LA Chapter, Los Angeles, CA (2015)

“Technology Update,” CalCPA Education Foundation 35th Annual Family Law Conference, Los Angeles and San Francisco, CA (2015)

“Electronically Stored Information – New Opportunities and Mandatory Obligations,” CalCPA Education Foundation 35th Annual Family Law Conference, Los Angeles and San Francisco, CA (2015)

“Data Privacy Class Actions,” National Consumer Law Center 2013 Consumer Rights Litigation Conference, Washington D.C. (2013)

 

   RECENT PUBLICATIONS

“The personal black box,” Daily Journal (July 7, 2015) (co-authored)