Bio

Hillary A. Hamilton represents a wide variety of clients in commercial litigation disputes in federal and state courts across the nation. Ms. Hamilton has extensive experience in complex litigation matters, particularly in consumer class actions.

Her representations include a diverse number of high-profile disputes:

  • Christie’s, Inc. in obtaining the dismissal of a putative nationwide class action in the U.S. District Court for the Central District of California by convincing the court and the U.S. Court of Appeals for the Ninth Circuit to hold that the California Resale Royalties Act was unconstitutional and pre-empted by the Copyright Act;
  • Head USA, Inc. in its successful defense of claims by Bode Miller and Bomber, LLC seeking to invalidate Head’s sponsorship agreements with high-profile athletes. The court granted Head’s motion to dismiss all of the plaintiffs’ claims;
  • Mercury Insurance Company in prevailing on a motion for judgment on petition for mandate vacating a $27.6 million penalty imposed by the California Department of Insurance;
  • an international cosmetics company targeted by several California consumer class actions regarding alleged misrepresentations as to the efficacy of certain products;
  • an action sports and lifestyle company in a California consumer class action regarding alleged misrepresentations in outlet store pricing;
  • True Religion Apparel in a consumer class action arising from alleged misrepresentations regarding the country of origin in product labeling;
  • Red Bull as a defendant in multiple putative class actions pending across the country challenging the nature and content of advertising statements regarding the benefits of Red Bull energy drinks;
  • Toyota Motor Corporation and Toyota Motor Sales, U.S.A., Inc. in the “economic loss” phase of the multidistrict class action litigation pending in the U.S. District Court for the Central District of California challenging alleged defects in Toyota’s electronic throttle control system, and in “bellwether” trials against Toyota in California Superior Court by individuals who allegedly suffered personal injuries due to the purported defects;
  • MGA Entertainment, Inc., in both the Central District of California and the Ninth Circuit, in the “Barbie v. Bratz” trials versus Mattel, Inc. over the rights to the “Bratz” doll franchise;
  • MGA Entertainment, Inc., in both the Southern District of New York and the Second Circuit, in defense of a copyright claim relating to the “Bratz” doll franchise; and
  • Home Box Office (HBO) in successful defense of a bet-the-company challenge to on-location filming of HBO’s flagship original series “Entourage.” Skadden defeated motions for a temporary restraining order and preliminary injunction before obtaining the dismissal of the claims on the merits.

Credentials

Education

  • J.D., University of Virginia School of Law, 2001 (Executive Editor, Virginia Journal of Social Policy and the Law)
  • M.A., University of Southern California, 1997
  • B.A., Middlebury College, 1995

Admissions

  • California
  • Vermont

Hillary A. Hamilton