Linh Nguyen

Linh has extensive experience in securities litigation, complex civil litigation and class action defense. She has represented clients in various industries – such as biotechnology, pharmaceutical and cannabis companies – in a range of civil litigation matters, including actions asserting violations of federal and/or state securities laws, breach of fiduciary duty, derivative suits, breach of contract, and unfair competition. In the technology space, she has litigated high-profile matters for clients in cutting-edge cases, including actions involving Section 230 of the Communications Decency Act (CDA).

Working alongside other members of Cooley’s litigation team, Linh has successfully defended numerous class actions in federal and state courts, including securing several dismissals at the motion to dismiss stage. She also has substantial experience representing clients in investigations by the Financial Industry Regulatory Authority (FINRA), the Securities and Exchange Commission (SEC), and the Department of Justice (DOJ). Linh also counsels clients on federal securities laws and fiduciary duties to help them avoid litigation challenges that arise in the context of mergers & acquisitions.

Linh’s representative matters include:

• Representing a social media company in litigation in the US District Court for the Northern District of California and the US Court of Appeals for the Ninth Circuit in connection with claims related to human trafficking and Section 230 of the CDA
• Representing an agricultural technology company, and its CEO, chief financial officer and president, in a securities class action in the US District Court for the Southern District of New York (SDNY)
• Representing a premier private university in a class action asserting claims for breach of contract, unjust enrichment and unfair competition in the US District Court for the Central District of California
• Representing former officers of a pharmaceutical company in multiple fraud actions in New York and California courts
• Representing an autonomous aerial vehicle technology platform company in a securities class action in the SDNY
• Securing a motion to dismiss with prejudice for a flavor ingredients company in litigation asserting breach of fiduciary duty in connection with a merger in the Delaware Court of Chancery
• Securing a motion to dismiss with prejudice for a Canadian cannabis company in a securities class action in the US District Court for the Central District of California
• Securing a motion to dismiss with prejudice for a social media company in litigation in the US District Court for the Southern District of Florida in connection with claims related to human trafficking and Section 230 of the CDA

Linh earned her JD in 2015 from the University of California, Davis School of Law, where she received an academic excellence scholarship and the Witkin Award for Academic Excellence in Federal Civil Procedure and in Constitutional Law II. She was elected to the Order of the Coif upon graduation. Linh received her BA in international relations and minor equivalent in economics from Brown University in 2011.

Selected Publications:

• “Puffery or Not? Courts Examine Corporate Codes of Conduct,” New York Law Journal, July 15, 2020; Sarah Lightdale, Ian Shapiro and Linh Nguyen