Jason Wu is a lawyer in Orrick’s San Francisco office and a member of
the Complex Litigation and Dispute Resolution group.
Jason’s practice focuses on defending large multinational companies in complex
commercial litigation in state and federal court. His practice also involves federal class
action defense, trade secrets litigation, and a wide variety of business
disputes in U.S. and international forums.
Some of Jason’s representations include the following:
Representation of Global Fortune 500
Chinese company and subsidiaries in nationwide class action multidistrict
Representation of major multinational
technology company in class action alleging violations of New Jersey
Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”) relating to online
Terms and Conditions.
Representation of startup company
against former employee in California state trade secrets injunction
Representation of a large public
utility in regulatory enforcement proceedings arising out of a natural gas
pipeline accident and related state civil trial and appellate litigation.
Representation of Qatari car dealership
in International Chamber of Commerce arbitration proceeding in Frankfurt, Germany.
Representation of educational
institution in insurance coverage suit relating to underlying claims of
misrepresentation and fraud.
Representation of corporate directors
and officers in fraudulent concealment and derivative claims suit.
Representation of Supervisory
Board member of German company in defamation suit.
Jason has also been actively engaged with pro
bono clients. His work has included
successfully obtaining a grant of asylum for a Guatemalan refugee and representing
artists in copyright disputes.
On January 27, 2017, the Ninth Circuit affirmed a California district court’s rulings and jury findings that an insurer breached its duty to defend, recognizing that under California law, the expansive duty continues until the case clearly contains no potentially covered claims. The court rejected the insurer’s reliance on the policy’s prior noticed claims exclusion, and affirmed the finding that the insurer denied coverage in bad faith because the insurer anticipated denying the claims from the outset.
In Millennium Laboratories, Inc. v. Darwin Select Insurance Company, Millennium Labs sought personal and advertising injury coverage for underlying cases brought by two of its rivals, Ameritox and Calloway, alleging false advertising. Darwin denied coverage, refusing to provide a defense under its commercial general liability policy. Millennium sued Darwin for declaratory relief to establish Darwin’s duty to defend, breach of contract, and bad faith. The district court granted Millennium summary judgment on the duty to defend, and the jury found that Darwin’s denial of coverage was in bad faith.