Chad Hummel

Chad Hummel is a Principal in McKool Smith's Los Angeles office. He is a Fellow of the American College of Trial Lawyers and has been consistently listed in The Best Lawyers in America since 2006. Since 2021, he has been ranked in Chambers USA in Litigation: General Commercial - California. The directory described him as a “highly respected litigator who receives particular plaudits for his courtroom prowess” with clients stating “he's focused on obtaining long-term goals, while at the same time developing and implementing a short-term strategy that was efficient and effective. He's a vigorous advocate and a strategic thinker.” Named among the Top 100 Lawyers in Los Angeles for 2024 by Los Angeles Business Journal, he was also profiled by that same publication as a “Leader of Influence: Litigators & Trial Lawyers” (2020 – 2023). Chad also earned recognition in the 2020-2023 editions of Benchmark Litigation as a leading trial lawyer. He has led the litigation divisions and trial practices at nationally preeminent firms for the past 20 years.  

Throughout his three decades in private practice, Chad has litigated and tried some of the nation’s highest profile civil and criminal cases in federal and state courts throughout the country, successfully defending mission critical and “bet-the-company” matters and achieving multiple eight-figure verdicts and judgments on behalf of plaintiffs he has represented. His verdicts have been listed among the top defense and plaintiff-side matters in California.

Chad has successfully tried civil and criminal cases in the entertainment, media, hospitality, sports, technology, healthcare, financial services, mortgage banking, real estate, airline, video game, and telecommunications industries. For such prominent companies as IMAX, DIRECTV, AT&T, Fox, NBCUniversal, Sony Pictures, Steve Madden, Ticketmaster, IAC, Aetna, Guaranteed Rate, Fashion Nova, Cardinal Financial, Accor Hotels, HewlettPackard, American Airlines, Tenet Healthcare, Avis, and Intuit, he has successfully litigated complex commercial cases and class actions antitrust, intellectual property (including patent infringement, idea theft, trade secrets, First Amendment, and right of publicity), consumer protection defense, false advertising and unfair competition, breach of fiduciary duty, profit participation, data theft, RICO, and constitutional issues.

In addition to his formal litigation and trial practice, Chad has advised numerous public and private companies in connection with regulatory investigations and actions by governmental agencies, including the U.S. Department of Justice, the Federal Trade Commission (FTC), the CFPB, the SEC, and numerous states’ attorneys general.

Chad taught advanced pre-trial procedure and advocacy at the University of Southern California’s Gould School of Law teaching advanced pre-trial advocacy.

Prior to Joining the Firm:

• Lead trial counsel for Accor Hotels in bankruptcy litigation adverse to the ownership group of the former Fairmont San Jose Hotel arising out of the breach termination of the hotel management agreement; obtained favorable claim estimation ruling then served as lead counsel in follow-on arbitration proceeding and achieved eight figure damage award in favor of Accor.
• Lead trial counsel for Fortress Investment Group in successful prosecution of an eight-figure guarantee on real property in Los Angeles.
• Lead litigation counsel for Fashion Nova in connection with antitrust claims asserted by startup competitor; prevailed initially on Rule 12 motion to dismiss Sherman Act Section 2 monopolization claim and then prevailed on summary judgment on all remaining claims, including Sherman Act Section 1 group boycott claim and related tortious interference causes of action.  The win was recently highlighted in the American Lawyer.
• Lead trial counsel for claimant Cardinal Financial in arbitration and follow on litigation against former senior manager for breaches of contractual and fiduciary duties resulting in multimillion dollar award in favor of Cardinal which was affirmed on appeal, and in related Texas court litigation against competitor mortgage bank regarding recruitment and data practices.
• Lead trial counsel for Zovio and Ashford University in action brought by the California Attorney General alleging unfair trade practices and violations of California’s false advertising law based on allegations of recruiting misconduct and seeking US$75 million in restitution and civil penalties.
• Lead Counsel for Match Group in FTC litigation alleging violations of the FTC Act and ROSCA relating to member acquisition and subscription practices.
• Trial counsel defending DIRECTV against the FTC in lawsuit alleging deceptive advertising conduct and alleged violations of ROSCA and seeking injunctive and monetary relief of US$4 billion; federal district court granted in part DIRECTV’s motion for judgment on partial findings after the FTC rested its case-in-chief, and the FTC thereafter dismissed the case with prejudice. The case was recognized as a significant victory by The Wall Street Journal, Law360, and the Daily Journal as a “Top Verdict” of 2018. Awarded The National Law Journal’s “Winning Litigator” recognition in 2019 for this litigation.
• Litigation counsel for major sports apparel and athletic shoe company in a third-party investor lawsuit related to alleged misrepresentations over a retail operation agreement. Complete defense verdict was obtained after a two-week jury trial.
• Lead litigation counsel in multiple matters in connection with alleged breaches of so-called “long-term, no-cut” hotel management agreements involving landmark hotels and resorts throughout the world.
• Lead trial counsel for Mount Olympus Mortgage Company in landmark data theft and fraud jury trial obtaining a US$25 million verdict in California state court against mortgage loan officers and new employer; litigated trade secret misappropriation issues and prevailed prior to trial; this “MOMCO” case is often cited in mortgage industry publications as effecting a compliance “sea change” in how mortgage banks and loan officers may permissibly recruit and transition to new employers.
• Lead trial counsel for Britney Spears, conservatorship, and business management in successful prosecution of a permanent restraining order and in prior disputes regarding management.
• Trial counsel for IMAX in a trade secret and patent suit involving intellectual property covering 3D motion picture projection and film conversion.
• Lead litigation counsel for Guaranteed Rate in a breach of fiduciary duty and fraud case against Bridgeview Bank Group and a former employee based on data theft and confidentiality obligations.
• Lead counsel for Sony Pictures in a trade secret, idea theft, and copyright case involving hit TV show, The Talk.
• Lead counsel for NBCUniversal and FOX in a nationwide class actions alleging violation of state lottery laws in connection with TV reality shows including American Idol.
• Lead counsel to Steve Madden in litigation against Zooey Deschanel for alleged infringement of her right of publicity.
• Co-Lead Trial counsel in Adderley v. National Football League Players Association for the plaintiff class of retired NFL football players against their union for failing to pay licensing royalties obtaining a US$28 million verdict.
• Lead trial counsel in United States v. Anthony Pellicano (private eye to the stars) in a federal criminal trial involving charges of RICO (racketeering), “honest services” wire fraud, identity theft, computer fraud, and unauthorized access to government computer systems.
• Lead litigation counsel to Ember Entertainment in a trade secret misappropriation and copyright dispute with Machine Zone over MMOG genre games.
• Lead trial counsel for Intuit in injunction trial successfully defending against claims of false advertising in a national, high-profile television claim under the Lanham Act asserted by H&R Block.
• Counsel to AT&T in a trademark and unfair competition dispute arising out of the acquisition of a contract-free mobile service provider “AIO.”
• Lead trial counsel for Musicmatch in a trade secret misappropriation, patent, and contract dispute with Gracenote resulting in invalidating patents and defense judgment.

Representative Antitrust Cases Prior to Joining the Firm:

• Honeybum v. Fashion Nova – represented Fashion Nova in connection with antitrust claims asserted by competitor, Honeybum. U.S. District Court Judge Gary Klausner issued an order granting Fashion Nova’s motion for summary judgement in its entirety, effectively shutting down claims on the part of Honeybum which accused Fashion Nova of engaging in a conspiracy to block access to certain fashion vendors. Chad was highlighted in AmLaw’s “Litigator of the Week” feature for leading the Sidley team. 
• RMG/Designer Tickets/Prior adv. Ticketmaster — represented Ticketmaster in a Sherman Act Section 1 tying, exclusive dealing, and monopolization cases brought by ticket brokers alleging that Ticketmaster’s website’s terms of use and ticket purchase policies were anticompetitive; prevailed on motions to dismiss as to tying claim. Matter settled favorably during trial on Section 2 claims.
• University Ambulatory Surgery Center v. Mercy Hospital and Catholic Healthcare West — represented defendants in an exclusive dealing, tying, attempted monopolization and unfair competition case involving provider system contracts with insurance plans; prevailed on summary judgment on all claims; reversed as to Section 1 tying claim. Prevailed in jury trial.
• In-Three v. Imax Corporation — represented Imax in a patent infringement and antitrust lawsuit involving technologies surrounding the conversion of 2D live action films to 3D; prevailed in permanent injunction bench trial enjoining competitive processes and defeated antitrust counterclaims on summary judgment.
• Musicmatch v. Gracenote — represented Musicmatch in a case involving alleged patent infringement and Sections 1 and 2 allegations of monopolization through patent fraud (Walker Process) in the market of online digital music services. Prevailed on summary judgment of non-infringement and patent invalidity and the matter settled during jury trial on antitrust and contract claims.
• Brian Barry v. Fortis Health — represented Fortis in a California state court class action and UCL (17200) matter alleging illegal use of database to calculate health insurance reimbursements. Prevailed on demurrer.
• com v. Ticketmaster — represent Ticketmaster in a Sections 1 and 2 and UCL (17200) case alleging illegal exclusive dealing and monopolization of ticketing services market. Prevailed on summary judgment.
• Lipschutz v. At Home Corporation, et al. — represented Excite@Home in a nationwide consumer class action brought under Sherman Act Section 1 alleging tying of internet service with cable services provided by major cable companies (AT&T, Cox, Comcast, etc.). Defeated motion for class certification.
• Kimmel v. DowAgro Sciences — represented DowAgro (subsidiary of Dow Chemical) in a Section 2 monopolization case and a Section 1 tying case alleging monopolization of the pesticide market. Prevailed in jury trial.
• Nu-Kote v. Hewlett Packard — trial counsel for HP in a three-month jury trial on Section 2 allegations regarding monopolization of the aftermarket for ink supply to HP inkjet printers. Prevailed in jury trial.
• In re Airline Ticket Commission Antitrust Litigation — represented American Airlines in a Sherman Act Section 1 case brought by a nationwide class of travel agents alleging price fixing arising out of the 1995 commission caps implemented by seven major airlines.
• Iwerks Entertainment v. Imax Corporation — represented Imax Corporation in a Section 2 case alleging that Imax had illegally monopolized the market for large format projection systems. Prevailed on summary judgment.
• Imax v. Showscan Entertainment — trial counsel for Imax Corporation in a Clayton Act Section 7 case enjoining merger that would have tended to create a monopoly in the ride simulator market. Injunction granted for Imax.
• Continental Airlines and Northwest Airlines v. American Airlines — represented American Airlines in a predatory pricing Section 2 monopolization case arising out of American’s Valu-Plan pricing program. Prevailed in jury trial.
• United States v. Menasco — represented Menasco in a federal criminal prosecution under Section 1 for price fixing in the airplane landing gear industry. Obtained declination of prosecution.
• TUC v. Sante Fe Railroad — represented Santa Fe in a Section 2 case alleging monopolization of the coal transportation market under Section 2. Settled.
• United States v. Metromedia — represented Metromedia in a federal criminal prosecution under Section 1 alleging bid rigging and territorial allocation in the outdoor advertising industry. FRCP Rule 11 plea.

• Ranked since 2021 in Chambers USA in Litigation: General Commercial - California.
• Recognized among the The Best Lawyers in America (2006 – 2022).
• Named among Top 100 Lawyers in Los Angeles for 2024 by Los Angeles Business Journal.
• Recognized as a leading trial lawyer by Benchmark Litigation (2020-2023).

• Fellow, American College of Trial Lawyers
• Board Member, Wallis Annenberg Center for the Performing Arts
• Adjunct Professor (Lecturer in Law), University of Southern California, Gould School of Law, Advanced PreTrial Advocacy
• Co-Chair, ABA White Collar Crime, Antitrust Committee, 2012
• Vice Chair, ABA Criminal Law and Procedure Committee, Antitrust Law Section, 2003 – 2004
• Deputy General Counsel, Rampart Independent Review Panel of the Los Angeles Police Commission, 2000
• Former Member, Board of Governors, Association of Business Trial Lawyers