Gretchen Freeman Cappio
Seattle
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Gretchen Freeman Cappio advocates for her clients in well-known data privacy and consumer protection lawsuits.Gretchen’s passion lies in achieving meaningful change through litigation. Gretchen ably coordinates and persuades diverse groups of individuals to reach a common goal, and true to her southern roots, she never loses sight of courtesy and a sense of humor. Guided in litigation by Federal Rule of Civil Procedure 1, she uses her negotiation skills to achieve strong outcomes, and her creative pragmatism ensures that class members receive real benefits following successful litigation.
Gretchen has played a key role in many of Keller Rohrback’s privacy and consumer protection cases like Corona v. Sony Pictures Entertainment, Inc., No. 14-9600 (C.D. Cal.), where she worked with data security experts to fashion a multi-million-dollar settlement to provide important injunctive and monetary relief. Gretchen’s long-standing commitment to data security is exemplified by her early leadership in Krottner v. Starbucks, 628 F.3d 1139 (9th Cir. 2010), a major early victory for plaintiffs. As Class Counsel in Jabbari v. Wells Fargo & Co., No. 15-2159 (N.D. Cal.), where employees unlawfully took customers’ data to set up unauthorized accounts, Keller Rohrback served as sole plaintiffs’ counsel. Gretchen helped negotiate an innovative $142 million settlement in sessions mediated by The Hon. Layn Phillips (ret.).
In the Volkswagen “Clean Diesel” case, Judge Breyer appointed Special Master Robert S. Mueller to supervise rapid-fire negotiations for which Gretchen served on the Plaintiffs’ Settlement Team, drafted settlement documents and supervised notice in three separate, complex settlements. She also served as a member of the Plaintiffs’ Settlement Team for In re Chrysler-Dodge-Jeep EcoDiesel, MDL 2777 (N.D. Cal.), in which Ken Feinberg was appointed Special Master. Recently, she was appointed to the Plaintiffs’ Steering Committees in In re: ZF-TRW Airbag Control Units Products Liability Litigation, MDL 2905 (C.D. Cal.), a complex case against several auto manufacturers and parts suppliers regarding defective airbags, and in Francis et al. v. General Motors LLC, No. 19-cv-11044 (E.D. Mich.), a class action concerning defective vehicle transmissions.
Gretchen’s advocacy also extends to government clients in major public health cases. As part of the Keller Rohrback team working to hold opioid defendants accountable in the Opioid MDL, Gretchen serves as the lead client contact for the fourth largest county in the country, and was a chief negotiator of the One Arizona Memorandum of Understanding to allocate millions in opioid settlement funds, signed by the state, all counties, and nearly all of the 90 cities and towns in Arizona. Similarly, in In re: EpiPen, MDL 2785 (D. Kan.), in which Keller Rohrback’s Managing Partner Lynn Sarko is Co-Lead Counsel, Gretchen leads the firm’s contributions to the coordination of counsel, including directing PSC meetings, briefing and discovery, resulting in the certification of a nationwide RICO class.
Gretchen’s leadership and devotion to justice drive her legal work and personal time. Her colleagues at Keller Rohrback recognized these skills by electing her to the firm’s six-member Executive Committee, the third woman elected in the firm’s 100-plus year history. In 2021, she was elected Board Chair of the Global Justice Center, a nonprofit promoting gender equality worldwide. Gretchen is a founding board member of the Mother Attorneys Mentoring Association (MAMA), an organization supporting mothers in the legal profession, now with nine chapters across the United States.
Articles & Presentations
Guest Lecturer, Stanford Law School, "From Takeoff to Landing: Litigating MDLs," February 23, 2021.
Law Seminars International Presents: The 16th Annual Conference on Litigating Class Actions, November 12-13, 2020.
Presenter, Trials in Class Actions and Post-Trial Motions
Panelist, Settlement Strategies
Guest Lecturer, Stanford Law School, "From Takeoff to Landing: Litigating the MDL," February 14, 2020.
Guest Lecturer, Stanford Law School, Multidistrict Litigation, February 22, 2019.
Presenter, ABA Section of Litigation, Discovery and Ethical "Rules of the Road" for Working with Expert Witnesses, July 19, 2018.
Presenter, Bristol Myers Squibb Panel, UC-Irvine, UC-Berkeley, & Emory University Schools of Law First Joint Coordination Conference at Berkeley, June 5, 2018.
Law Seminars International Presents: The 14th Annual Conference On Litigating Class Actions, May 10-11, 2018.
Presenter, Consumer Protection and the Opioid Crisis.
Presenter, Corporate Fraud Against Consumers.
Presenter, Settlement Strategies for Class Actions and Multidistrict Litigation.
Presenter, HarrisMartin’s Plaintiff Opioid MDL Conference, “Causation and Science,” January 8, 2018.
Presenter, HarrisMartin MDL Conference, “Opioid, Equifax & Talcum Powder, Equifax Data Breach: What Happened? Who Was Impacted? What Are the Damages?,” November 29, 2017.
Presenter, National Consumer Law Center, “Effectively Persuading Your Judge,” NCLC Consumer Class Action Symposium, November 18, 2017.
Presenter, Practising Law Institute 22nd Annual Consumer Financial Services Institute 2017.
Panelist, Law Seminars International - 13th Annual Conference on Litigating: Settlement Strategies for Class Actions and Multidistrict Litigation, April 28, 2017.
Panelist, EmoryLaw NextGen Conference and EmoryLaw Fed. Judicial Ctr. and JPML Program, December 14-16, 2016.
Panelist, HarrisMartin’s MDL Conference, Settlements in Mass Tort and Class Action Litigation, July 27, 2016.
Panelist, American Association for Justice webinar, Dissecting the U.S. Supreme Court Decision in Spokeo, Inc. v. Robins, May 26, 2016.
Panelist, Law Seminars International - VW Diesel Emissions Litigation: A Case Study of the Interplay Between Government Regulatory Activity and Consumer Fraud Class Actions, May 6, 2016.
Presenter, Practising Law Institute Consumer Financial Services Institute 2016: Data Security & Privacy Issues, May 12, 2016.
Panelist, HarrisMartin Pharmaceutical and Environmental Mass Tort Litigation, Class Action and Data Breach Litigation, March 30, 2016.
Panelist, Bridgeport Consumer Class Action Litigation Conference, “Current State of the Law on Ascertainability and Standing," January 2016
Panelist, HarrisMartin MDL Conference Volkswagen and Pharmaceutical Update: RICO and Additional Defendants, December 2, 2015
Panelist, Bridgeport Volkswagen Class Action & MDL Seminar - Diesel Emissions Scandal, November 23, 2015
Panelist, HarrisMartin Volkswagen Diesel Emissions Litigation Conference: RICO and Additional Defendants, October 27, 2015.
Panelist, Law Seminars International, The Eleventh Annual Comprehensive Conference on Class Actions: "Data Breaches: Cases at the Intersection of Class Actions and Internet Technology," June 4, 2015.
Panelist, ABA Section of Dispute Resolution Meeting 17th Annual Spring Conference - Solutions in Seattle: A View From the Trenches: What's Working and What's Not Working with Mediators, April 16, 2015.
Presenter, HarrisMartin Data Breach Litigation Conference: Coming of Age: The Differences between Employee and Consumer Cases, March 25, 2015.
Presenter, Practising Law Institute, Managing Complex Litigation 2014: Class Actions; Mass Torts & MDL., October 21, 2014.
Presenter, Class Action Conference: Recent Settlement Trends in Class Actions and Multidistrict Litigation: A Detailed Look at the Process for Settling and Administering Settlements: How case law in the past several years is playing out in the courts and in ADR; best practices for designing a settlement that the courts will approve; how to administer the settlement once it is approved, June 13, 2014.
Presenter, Harris Martin's MDL Conference: Target Data Security Breach Litigation: Recent Development, Issues in Data Breach Litigation, March 26, 2014.
Presenter, Law Seminars International, Class Actions and Other Aggregate Litigation Seminar: Post-Certification Motion Issues in Class Actions, May 14, 2013.
Panelist, Chartis Security & Privacy Seminar, October 20, 2011.
Presenter, 20th Annual American Bar Association Tort Trial and Insurance Practice Section Spring CLE Meeting: Toxic Torts: Toxins In Everyday Products, April 1, 2011.
Gretchen Freeman Cappio, Erosion of Indigenous Right to Negotiate in Australia, 7 Pac. Rim L. & Pol'y J. 405 (1998).
Honors & Awards
AV®, Peer Review Top-Rated by Martindale-Hubbell
Selected to Rising Stars and Super Lawyers lists in Super Lawyers - Washington, 2002, 2009-2012, 2020
Professional and Civic Involvement
Institute for Complex Litigation and Mass Claims at Emory University School of Law
Emerging Leaders Board of Advisors, Inaugural Member
Class Action Roundtable, Reporter
Global Justice Center, Board Member
The Global Justice Center works worldwide and domestically with women’s rights advocates, grassroots groups, and policymakers to prevent and respond to gender-based violence.
The William L. Dwyer American Inn of Court, Member
King County Bar Association, Member
Washington State Bar Association, Member
American Bar Association, Member
Washington Women Lawyers, Member
Washington State Trial Lawyer’s Association, Member
American Association for Justice, Member
The National Trial Lawyers, Member
Mother Attorney Mentoring Association (MAMAS), Member; Founding Board Member, 2006-2008
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