Manatt Logo
Menu
  • Industries
    • Manatt Digital and Technology
    • Manatt Energy and Environmental
    • Manatt Entertainment
    • Manatt Financial Services
    • Manatt Health
    • Manatt Real Estate
    • Manatt Retail and Consumer Products
  • Services
    • Business Strategy and Consulting
      • Digital and Technology Consulting
      • Digital Health
      • Manatt Health
      • Manatt Housing Solutions
      • Manatt Real Estate Advisors
      • Manatt's Recovery Team
      • Name Image Likeness (NIL) in College Athletics
    • Corporate and Finance
      • Blockchain and Cryptocurrency
      • Cannabis and CBD
      • Capital Markets
      • Digital and Technology Transactions
      • Distressed Assets
      • Estate Planning and Personal Representation
      • Executive Compensation and Employee Benefits
      • Financial Services Transactions
      • Fintech
      • Games and Esports
      • Global Payments
      • Health Care Transactions
      • Hospitality and Leisure
      • Impact Investing and Community Development
      • Manatt Leasing
      • Mergers and Acquisitions
      • Music
      • Name Image Likeness (NIL) in College Athletics
      • Private Equity and Buyout
      • Real Estate Transactions and Finance
      • Special Purpose Acquisition Companies (SPACs)
      • Tax
      • Venture Capital / Emerging Companies
    • Government and Regulatory
      • Advertising, Marketing and Media
      • California State Government and Regulatory Policy and Government Contracts
      • Environment
      • Federal Government Affairs and Public Policy
      • Government Litigation and Administrative Law
      • Insurance
      • Investigations, Compliance and White Collar Defense
      • Land Use
      • Los Angeles Government and Land Use
      • Manatt Energy and Environmental
      • Manatt Health
      • Medical Technology and Life Sciences FDA Regulation
      • New York City Government, Policy and Government Contracts
      • New York State Government, Regulatory Policy and Government Contracts
    • Litigation
      • Advertising Litigation
      • Antitrust and Competition
      • Appellate
      • Bankruptcy
      • Capabilities to Serve Clients During COVID-19
      • Class Actions
      • Consumer Protection
      • Digital Media Litigation
      • Employment and Labor
      • Entertainment Litigation
      • Environmental Litigation
      • False Claims Act
      • Financial Services Litigation and Enforcement
      • Games and Esports
      • Government Litigation and Administrative Law
      • Health Care Litigation
      • Insurance
      • Intellectual Property Protection and Enforcement
      • Investigations, Compliance and White Collar Defense
      • Music
      • Privacy and Data Security
      • Private Wealth and Fiduciary Disputes
      • Real Estate Litigation
      • TCPA Compliance and Class Action Defense
      • Technology and Intellectual Property Litigation
      • Trademark and Copyright Litigation
      • Unmanned Aircraft
  • People
  • Insights
    • News
    • Articles
    • Webinars
    • Podcasts
    • Events and Engagements
    • Newsletters
    • White Papers
  • Hot Topics
    • Reproductive Health
    • Metaverse
    • Long-Term Care/Long-Term Services and Supports
    • Behavioral Health
    • Drivers of Health
    • Children's Health
    • COVID-19
    • State Privacy Legislative Updates
    • Medicaid Managed Care
  • About Us
    • About Manatt
    • Contact Us
    • Management
    • Diversity
    • Women's Initiative
    • Pro Bono
    • Capabilities to Serve Clients During COVID-19
    • Manatt for Entrepreneurs
    • Manatt on Health
  • Careers
  • Offices
  • Manatt on Health
  • Manatt for Entrepreneurs
  • Client Login
Manatt Logo
  • Industries
    • Manatt Digital and Technology
    • Manatt Energy and Environmental
    • Manatt Entertainment
    • Manatt Financial Services
    • Manatt Health
    • Manatt Real Estate
    • Manatt Retail and Consumer Products
  • Services
    • Business Strategy and Consulting
      • Digital and Technology Consulting
      • Digital Health
      • Manatt Health
      • Manatt Housing Solutions
      • Manatt Real Estate Advisors
      • Manatt's Recovery Team
      • Name Image Likeness (NIL) in College Athletics
    • Corporate and Finance
      • Blockchain and Cryptocurrency
      • Cannabis and CBD
      • Capital Markets
      • Digital and Technology Transactions
      • Distressed Assets
      • Estate Planning and Personal Representation
      • Executive Compensation and Employee Benefits
      • Financial Services Transactions
      • Fintech
      • Games and Esports
      • Global Payments
      • Health Care Transactions
      • Hospitality and Leisure
      • Impact Investing and Community Development
      • Manatt Leasing
      • Mergers and Acquisitions
      • Music
      • Name Image Likeness (NIL) in College Athletics
      • Private Equity and Buyout
      • Real Estate Transactions and Finance
      • Special Purpose Acquisition Companies (SPACs)
      • Tax
      • Venture Capital / Emerging Companies
    • Government and Regulatory
      • Advertising, Marketing and Media
      • California State Government and Regulatory Policy and Government Contracts
      • Environment
      • Federal Government Affairs and Public Policy
      • Government Litigation and Administrative Law
      • Insurance
      • Investigations, Compliance and White Collar Defense
      • Land Use
      • Los Angeles Government and Land Use
      • Manatt Energy and Environmental
      • Manatt Health
      • Medical Technology and Life Sciences FDA Regulation
      • New York City Government, Policy and Government Contracts
      • New York State Government, Regulatory Policy and Government Contracts
    • Litigation
      • Advertising Litigation
      • Antitrust and Competition
      • Appellate
      • Bankruptcy
      • Capabilities to Serve Clients During COVID-19
      • Class Actions
      • Consumer Protection
      • Digital Media Litigation
      • Employment and Labor
      • Entertainment Litigation
      • Environmental Litigation
      • False Claims Act
      • Financial Services Litigation and Enforcement
      • Games and Esports
      • Government Litigation and Administrative Law
      • Health Care Litigation
      • Insurance
      • Intellectual Property Protection and Enforcement
      • Investigations, Compliance and White Collar Defense
      • Music
      • Privacy and Data Security
      • Private Wealth and Fiduciary Disputes
      • Real Estate Litigation
      • TCPA Compliance and Class Action Defense
      • Technology and Intellectual Property Litigation
      • Trademark and Copyright Litigation
      • Unmanned Aircraft
  • People
  • Insights
    • News
    • Articles
    • Webinars
    • Podcasts
    • Events and Engagements
    • Newsletters
    • White Papers
  • Hot Topics
    • Reproductive Health
    • Metaverse
    • Long-Term Care/Long-Term Services and Supports
    • Behavioral Health
    • Drivers of Health
    • Children's Health
    • COVID-19
    • State Privacy Legislative Updates
    • Medicaid Managed Care
  • About Us
    • About Manatt
    • Contact Us
    • Management
    • Diversity
    • Women's Initiative
    • Pro Bono
    • Capabilities to Serve Clients During COVID-19
    • Manatt for Entrepreneurs
    • Manatt on Health
  • Careers
  • Offices
  • Manatt on Health
  • Manatt for Entrepreneurs
  • Client Login
  • Home
  • People
  • Brad W. Seiling
Language:
  • English
    • English
    • Spanish
    • Portuguese
Share:

Brad W. Seiling

Seiling_Brad_New-Bio-Template-730-x-730

Partner

Litigation
Contact
  • bseiling@manatt.com
  • Phone: 310.312.4234
  • Download vCard
  • Los Angeles
Bar Admissions
  • California
Education
  • University of California, Los Angeles, School of Law, J.D., 1989

    Georgetown University School of Foreign Service, B.S.F.S., cum laude, 1986

Services
  • Advertising Litigation
  • Advertising, Marketing and Media
  • Appellate
  • Class Actions
  • Employment and Labor
  • Financial Services Litigation and Enforcement
  • Health Care Litigation
  • Litigation
  • TCPA Compliance and Class Action Defense
Industries
  • Consumer Financial Protection Bureau
  • Consumer Financial Services
  • Manatt Financial Services
  • Mortgage Banking

Show Full Bio

  • Profile
  • Experience
  • Speaking Engagements
  • Honors & Awards
  • Memberships
  • Publications
Profile

Profile

Brad Seiling represents clients in complex commercial litigation in both state and federal courts at the trial and appellate levels. Working for clients in the financial services, consumer products, direct marketing, advertising and health care industries, Brad concentrates in defending class action lawsuits brought under state and federal consumer protection statutes.

Brad has extensive experience in challenging class action claims at the pleading stage, fighting class certification issues and defending certified class claims on the merits, including through trial. He has also negotiated numerous complex class settlements and defended settlements against challenges from professional objectors. Brad also has extensive experience enforcing arbitration agreements and class action waivers and litigating those claims in arbitration. He looks for the most effective and efficient way to resolve a dispute so a client can move on with its business.

For clients in the consumer products and direct marketing industries, Brad handles false advertising and deceptive practices claims and claims involving product marketing and labeling, negative option programs, sweepstakes promotions, Made in USA claims, and compliance with various state and federal consumer protection statutes. Brad also provides prelitigation advice regarding potential advertising claims.

In the financial services industry, Brad’s clients include savings and loan associations, credit card companies, mortgage lenders, auto financing companies and specialty lenders. Many of Brad’s financial services cases allege violations of state and federal laws such as the Telephone Consumer Protection Act, Real Estate Settlement Procedures Act, Truth in Lending Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Electronic Funds Transfer Act, Fair and Accurate Credit Transactions Act, Unruh Civil Rights Act, and Consumers Legal Remedies Act.

Additionally, Brad litigates commercial and employment disputes and has represented insurers and policyholders in bad faith and coverage cases. He also represents clients in administrative enforcement and licensing matters and proceedings before California state agencies, including the Department of Financial Protection and Innovation and the Department of Real Estate. Throughout his career, Brad has handled numerous novel legal issues; his cases have resulted in 16 published appellate decisions.

Experience

Experience

Significant Matters

  • IV Solutions v. Blue Shield of California (Los Angeles County Superior Court). Obtained summary judgment on behalf of a health plan in an action by an out-of-network pharmacy alleging fraud and breach of contract.
  • Eidelman v. The Sun Products Corporation (U.S. District Court, Southern District of New York). Defense of putative class action against the manufacturer of laundry detergent alleging deceptive claims on the product label in violation of New York law. Summary judgment granted as to all claims against the manufacturer and the retailer.
  • In re Affordable Care Act Cases (California Judicial Council Coordinated Proceeding). Defense of multiple class action lawsuits alleging that a health plan improperly reduced the scope of provider networks. Case settled on a class basis following a multiyear mediation process involving multiple parties and competing groups of class counsel.
  • McRae v. Manor Care, Inc. (U.S. District Court, Central District of California). Defense of class action alleging a failure to meet state requirements for hourly nurse staffing at seven skilled nursing facilities in California. Class settlement approved after extensive litigation in district court and Ninth Circuit.
  • Leman v. HealthNet, Inc. (Los Angeles County Superior Court, Complex). Defense of putative class action alleging health plan misrepresented the scope of its provider networks in marketing materials. Case settled on a nonclass basis following extensive litigation. 
  • Cabral v. Supple LLC (U.S. District Court, Central District of California). Defense of putative class action against dietary supplement manufacturer accused of misrepresenting the benefits of its products. Successfully petitioned the Ninth Circuit to reverse a class certification order. (To see the oral argument, click here.) Obtained summary judgment on remand.
  • O’Donovan v. CashCall, Inc. (U.S. District Court, Northern District of California). Defense of putative class action alleging multiple statutory and common law claims. Summary judgment granted as to state law claims. The remaining portion of the case was settled on a class basis after trial of a certified class claim under the federal Electronic Funds Transfer Act.
  • Shuts v. Covenant Care (Alameda County Superior Court). Defense of putative class action alleging skilled nursing facilities violated the average per day nurse staffing requirements under the Health and Safety Code. Class action settlement approved by the court after extensive litigation in trial and appellate courts.
  • Kight v. CashCall, Inc. (San Diego County Superior Court). Defense of class action alleging violation of California’s eavesdropping statute based on call monitoring of customer calls. Assumed defense of case after trial court certified a class. Successfully moved to decertify the class following merits briefing. The ruling was affirmed on appeal.
  • Torres v. Nutrisystem (U.S. District Court Central District of California). Defense of putative class action alleging violations of the California Privacy Act. Secured denial of class certification.

Published Appellate Decisions

De La Torre v. CashCall, Inc., 5 Cal. 5th 966 (2018)—lending regulation
De La Torre v. CashCall, Inc., 854 F.3d 1082 (9th Cir. 2017)—lending regulation
Kight v. CashCall, Inc., 231 Cal. App. 4th 112 (2014)—class certification
Pickup v. Brown, 728 F.3d 1042 (9th Cir. 2013)—civil rights, amicus
Vitug v. Holder, 723 F.3d 1056 (9th Cir. 2013)—immigration
Perry v. Brown, 671 F.3d 1052 (9th Cir. 2012)—civil rights, amicus
Couch v. Telescope, Inc., 611 F.3d 629 (9th Cir. 2010)—sweepstakes law
Levine v. Blue Shield of California, 189 Cal. App. 4th 1117 (2010)—insurance bad faith
Nazaretyan v. California Physician Services, Inc., 182 Cal. App. 4th 1601 (2010)—insurance bad faith
Davis v. Pacific Capital Bank, N.A., 550 F.3d 915 (9th Cir. 2008)—financial services regulation
Jonathan  Neil & Assoc., Inc. v. Jones, 33 Cal. 4th 917 (2004)—insurance/primary jurisdiction (trial counsel)
Sargent Fletcher, Inc. v. Able Corp., 110 Cal. App. 4th 1658 (2003)—trade secrets
Crusader Ins. Co. v. Scottsdale Ins. Co., 54 Cal. App. 4th 121 (1997)—surplus lines insurance
McCauley v. BFC Direct Marketing, 16 Cal. App. 4th 1262 (1993)—Political Reporting Act

Selected Clients

  • CashCall, Inc.
  • LoanMe, Inc.
  • The Sun Products Corporation
  • HCR ManorCare
  • SnF Management
  • Health Net
  • Guthy Renker Marketing
  • Giovanni Cosmetics, Inc.
Speaking Engagements

Speaking Engagements

Speaker, “California Litigation Risks for Financial Institutions for 2018 and Beyond,” Bloomberg Next Webinar, October 23, 2018.

Honors & Awards

Honors & Awards

500 Leading Litigators in America, Lawdragon, 2022

The Best Lawyers in America, 2016–2023

Southern California Super Lawyers (Class Actions/Mass Torts), 2005–2010, 2012–2022

Memberships

Memberships

Admitted to practice in California (1989), U.S. District Courts in California, and the Second and Ninth Circuit Courts of Appeals

Association of Business Trial Attorneys, 2001–present

California State Bar, Business Law Section, Insurance Law Committee, 1998–2002; Financial Institutions Committee, 2004–present

Mid-City West Neighborhood Council, Chair Land Use Committee, 2006–2010

Lambda Legal Defense and Education Fund, National Leadership Council 2007–2008, 2016–present; Board of Directors 2008–2015, Board Co-Chair 2012–2014

L.A. County Bar Association Judicial Appointments Committee, 2010–2016

Georgetown University Los Angeles Alumni Admissions Committee

Publications

Publications

Participant, “Class Action Roundtable,” California Lawyer, 2012-2014.

Co-author, “The Ninth Circuit Rejects First Amendment Arguments in Favor of SOCE,” Los Angeles Lawyer, April 2014.

Co-author, "The Best Defense May Be a Good Offense," Inside Counsel (October 21, 2010), with Dean Zipser.

"Class Wars," Los Angeles Lawyer, Vol. 28, No. 2, April 2005.

Co-author, "End of an Era for Battle Over Lender Compensation to Mortgage Brokers," The Real Estate Finance Journal, Vol. 19, No. 3, Winter 2004.

" 'Niggling Statutory Violations' Do Not Support an Award of Attorneys' Fees in Successful UCL Suit," 17200Law@manatt, Vol. II, Issue 7, October 13, 2004.

Co-author, "Plaintiff Bears Burden of Proving Unlawful Use of Trade Secrets by Defendant," IP&InternetLaw@manatt, Vol. 1, Issue 12, September 2, 2003.  

Co-author, "California Trial Court Throws Out Lawsuit Challenging Wholesale Lender Payments to Mortgage Brokers," 17200Law@manatt, Vol. 1, Issue 14, August 25, 2003. 

Co-author, "California Trial Court Throws Out Lawsuit Challenging Wholesale Lender Payments to Mortgage Brokers," BankingLaw@manatt, Vol. III, Issue 13, August 28, 2003.   

C. de Recat, M. Levy, L. Venger, Litigation Process and Case Management Manual (Lexis Nexis 2003) (worked with editor to finalize and polish the text for publication).

Brad in the News

  • 10.03.22

    Lawdragon Names 11 Manatt Attorneys to Inaugural 500 Leading ...

    Eleven Manatt attorneys were named to Lawdragon ’s inaugural list of the 500 Leading Litigators in America, which recognizes attorneys who ...

  • 08.18.22

    86 Manatt Attorneys Named to 2023 Best Lawyers Guide

    Eighty-six Manatt attorneys have been named to the 2023 edition of Best Lawyers in America, which recognizes the nation’s leading lawyers each ...

  • 08.19.21

    77 Manatt Attorneys Named in Best Lawyers 2022 Guide

    Seventy-seven Manatt attorneys have been named to the 2022 edition of Best Lawyers in America, which recognizes the nation’s leading lawyers ...

  • 08.20.20

    Best Lawyers in America Names 76 Manatt Attorneys to 2021 List

    Seventy-six Manatt attorneys have been named to the 2021 edition of the Best Lawyers in America report, which recognizes the nation’s leading...

Show More

Brad's Articles

  • 04.01.14

    The Ninth Circuit Rejects First Amendment Arguments in Favor of SOCE

    Despite the recent advances toward marriage equality, lesbian, gay, bisexual, and transgender (LGBT) people continue to face significant hurdles to ...



  • 04.24.12

    The Best Defense May Be a Good Offense

    Defending a class action lawsuit poses great risk and uncertainty for a corporate defendant. A single plaintiff, whose claims may be worth only a ...



Brad's Newsletters

  • 10.20.22

    Bots Beware: Website Chat Bots Become Latest Target for California ...

    California class action lawyers have turned their sights on a new target: websites that employ “chat bots,” digital assistants that allow ...

  • 03.10.20

    New York Court Halts Dog Food False Ad Suit

    A New York federal court threw out a false advertising class action asserting that Rachael Ray duped consumers by calling her line of dog food ...

  • 02.05.20

    Arbitration: Will U.S. Supreme Court Step In to Solve California’s ...

    It now looks as though the Supreme Court is ready to receive, and we think grant, a petition for writ of certiorari in Blair v. Rent-A-Center (and ...

  • 01.16.20

    Ninth Circuit Sides With Debt Collector in FDCPA Case

    Affirming a California district court, the U.S. Court of Appeals for the Ninth Circuit held that a debt collector is entitled to collect a lawful, ...

Show More


Brad's Events and Webinars

  • 12.10.20

    2021 Litigation Landscape: Key Trends to Watch After a Year of ...

    Nine months after the emergence of the COVID-19 pandemic in the United States, how has the litigation landscape been transformed? Join Manatt for a ...



  • 06.02.20

    A COVID-19 Syllabus: Strategies for Academic Institutions to Succeed ...

    Universities and other academic institutions continue to grapple with how best to continue to provide a quality educational experience to their ...



  • 10.16.19

    What Happened in 2019? Financial Services Litigation Update

    Examine key takeaways from the past year’s most impactful cases in financial services, and equip your organization with a vision for 2020 at a ...



  • 10.23.18

    California Litigation Risks for Financial Institutions in 2018 and ...

    What are the game-changing litigation developments and trends to watch for the remainder of 2018—and how could they impact you? Find out in a ...

manatt-black

ATTORNEY ADVERTISING

pursuant to New York DR 2-101(f)

© 2023 Manatt, Phelps & Phillips, LLP.

All rights reserved 

 

  • Services
  • People
  • Insights
  • About Us
  • Careers
  • Offices & Contacts
  • Disclaimer
  • Privacy Statement

Share This Page

Your Information
Recipient's Information