Crystal Nix-Hines

Class Action Litigation

Successfully represented 11 universities in 21 class action lawsuits—more than any other law firm—arising from their transition to remote education as a result of the COVID-19 litigation. Clients included Duke University, Boston University, Tufts University, Suffolk University, Johns Hopkins University, the University of Rhode Island, Johnson & Wales University, Roger Williams University, among others.  Obtained eight dismissals at the pleading or summary judgment stages, as well as successfully defeated motions for class certification. Also won groundbreaking appeals (for the University of Rhode Island and Boston University) from the First Circuit on a novel impossibility and restitution defense – the first appellate court in the country to affirm the dismissal of an implied contract action seeking a tuition and fee refund arising from the pandemic.   Following the First Circuit decision, obtained a grant of summary judgment for Tufts based on the First Circuit precedent.

Successfully represented General Motors in numerous class actions alleging defects in GM vehicles, resulting in dismissals at the pleading stage.  Also represented GM in an antitrust class action under the Cartwright Act and California’s Unfair Competition Law, which resulted in a dismissal without prejudice.  Following a successive complaint alleging a single UCL claim, once again obtained dismissal of the complaint for GM.

Defended Google in a high-profile data privacy class action in which the plaintiffs sought to recover billions of dollars on behalf of all U.S.-resident Chrome users on the basis of Google’s alleged misappropriation of users’ personal data while the users were in “private” or “incognito” mode. The complaint asserted a variety of claims, including federal and state wiretapping claims, breach of contract, unfair competition, and state law constitutional and common law privacy claims. Successfully defeated the Plaintiffs’ motion to certify a Rule 23(b)(3) damages class and settled the Rule 23(b)(2) injunctive relief classes for no monetary relief.

Currently defending Google in a privacy class action alleging that Google allegedly misappropriates Chrome users’ personal data through its third-party web services including Google Ad Manager, Analytics, Embedded Maps, Fonts and other services through it’s “sync” feature. The complaint alleges various federal and state law claims including federal and state wiretapping, breach of contract, unfair competition, Comprehensive Computer Data Access and Fraud Act, and state constitutional and common law privacy claims.

Internal Investigations and Crisis Management

Co-Led an investigation for the boards of Cruise LLC, the autonomous vehicle company, GM Cruise Holdings LLC and General Motors Holdings LLC following an AV accident in San Francisco with a pedestrian.  The California Department of Motor Vehicles suspended Cruise’s license to operate autonomous vehicles in the State after the October 2, 2023 accident, alleging that Cruise failed to disclose the full facts regarding the accident in which a hit-and-run driver hit the pedestrian and then propelled her into the path of the Cruise AV traveling in an adjacent lane; the AV then moved forward after impact and dragged the pedestrian for approximately 20 feet.  Within hours of being retained, hit the ground running, conducting a sweeping investigation of the Company’s actions and guiding Cruise through investigations and inquires by multiple government agencies including the Department of Justice, the National Highway Traffic Safety Administration and the California Public Utility Commission.  Cruise publicly released the Quinn Emanuel report here.  Guided the Company to a successful resolution with the DOJ, CPUC and NHTSA. Also provided strategic crisis management expertise in interactions with the government, media and investors.

Led an internal investigation for the board of Michigan State University of the Title IX Office and the President’s removal of the former Dean of the Business School based on an alleged failure to report a Title IX violation. Prepared a 100-page report that included a factual analysis and policy recommendations which the board publicly released here.  Provided crisis management expertise to the board in responding to the controversy from faculty and students and the media.

Following the tragic November 13, 2022 shooting on University of Virginia (UVA) grounds that killed three students and wounded two others, conducted an internal investigation for UVA and the Commonwealth of Virginia. The comprehensive review focused on an analysis of the University’s threat assessment program and how that program had been deployed prior to the incident.  The report has not yet been publicly released as criminal charges are ongoing.

Conducted an internal review for a private cosmetics company involving allegations of alleged discrimination and inequitable treatment.  Prepared a confidential report for the board. Provided crisis management expertise in addressing its employees and the public. Also conducted a proactive review for a Fortune 500 company regarding its employment practices, including hiring, promotion and retention.

Conducted an internal investigation and oversaw crisis management assistance for a company following the report of alleged sexual misconduct by a senior leader.

Conducted an internal investigation for Hillsong, an international megachurch, in connection with an allegation that a report of sexual misconduct by an employee had been mishandled.  Interviewed current and former church members and presented findings and recommendations to church leadership.

Conducted an internal investigation for the People of Praise, a religious community that then U.S. Supreme Court nominee Amy Coney-Barrett belonged to, after it faced a national spotlight over allegations its leadership failed to act swiftly in response to child molestation by a former member. Prepared a report with factual findings and recommendations to organizational leadership.

Conducted an internal investigation for a Fortune 500 company arising from a governmental inquiry regarding hiring and contracting practices.

Represented a large Asian conglomerate following a data breach that spanned 20 jurisdictions.  Proactively responded to governmental inquiries that satisfactorily resolved concerns and avoided additional investigation.

Other Education Matters

Successfully represented the University of Pennsylvania in obtaining major sanctions against Penn Carey Law School Professor Amy Wax following repeated violations of University anti-discrimination, equality and confidentiality policies. The majority sanctions against the tenured professor include a one-year suspension from the University at half pay; revoking her endowed chair; the loss of summer pay in perpetuity; the requirement to state in public appearances that she does not speak for the university or law school and a public reprimand. Advised the University in public relations-related issues.

Representing Delaware State University in a wrongful death and survivorship matter following the fatal shooting of a visitor on campus allegedly by two non-students. 

Represented Johns Hopkins University in a lawsuit filed against the Department of Homeland Security and U.S. Immigration and Customs Enforcement (ICE), seeking emergency injunctive relief against a Directive that would have stripped thousands of international students of their F-1 visa status.  After filing our suit, the government agreed to rescind the Directive. Provided crisis management and public relations counseling to Johns Hopkins.

Represented Duke University and the University of Massachusetts system in a series of intellectual property litigations stemming from allegations of copyright and trademark infringement as well as trade secret misappropriate.  Achieved voluntary dismissals of both litigations.

Represented a family in a confidential dispute with a secondary school regarding disciplinary action against their student.

Supreme Court Litigation

Played a significant role in obtaining an 8-1 victory for Shell Oil in the U.S. Supreme Court, which greatly limited “arranger” liability under CERCLA and held that Shell could not be held liable as an arranger for shipping useful chemicals.  The case also clarified standards for apportionment in CERCLA suits.

In a prior firm, successfully represented the State of North Carolina in defending its electoral map against allegations of racial gerrymandering, securing a decisive victory that the State had not engaged in unlawful redistricting.

• AIG Inc.
• American Tower Corporation
• Cruise LLC
• Ford Motor Company
• General Motors
• Google
• Hillsong Church
• Home Depot
• Lockheed Martin
• Mattel Inc.
• Shell Oil Company
• TPG
• The State of North Carolina
• Universities:
  • Brandeis University
  • Boston University
  • California Institute of Technology
  • Delaware State University 
  • Duke University
  • George Washington University
  • Johns Hopkins University
  • Johnson & Wales University
  • Merrimack College
  • Michigan State University
  • Pratt Institute
  • Roger Williams University
  • Suffolk University
  • Tufts University
  • University of Pennsylvania
  • University of Rhode Island
  • University of Virginia