Kevin D. Rising is a partner in the Los Angeles office of Barnes & Thornburg, where he serves as administrator of the Litigation Department, and is a member of the firm's Labor and Employment Department. Mr. Rising represents clients across several industries in a broad range of complex commercial disputes including contractual disputes, partnership and fiduciary litigation, consumer and wage and hour class action defense, product liability and toxic torts. He has an active trial practice and has served as trial counsel for both plaintiffs and defendants in numerous high-stakes jury trials, bench trials and arbitrations. Mr. Rising is a member of the Board of Directors of Public Counsel. Public Counsel is the nation's largest pro bono public-interest law firm.
Representative Trial Experience
- Trial counsel for a preeminent amusement park owner and operator during a six-week jury trial in a multimillion dollar product liability action in which the plaintiff alleged that he suffered permanent neurological injuries and disability as a result of riding a roller coaster owned and operated by the client. The case was named one of the annual top defense verdicts in the country by The National Law Journal.
- Trial counsel for a Silicon Valley software executive defendant in an SEC enforcement action for securities and accounting fraud. The SEC alleged that the executive authorized fraudulent sales transactions and caused his company to improperly recognize tens of millions of dollars in revenue to inflate the stock price. The Daily Journal deemed it one of the annual top 10 defense verdicts in California.
- Trial counsel for defendant manufacturer in a product liability action (jury trial)
- Trial counsel for defendant partnerships in a high-stakes partnership dispute (arbitration)
- Trial counsel for plaintiff financier in a multimillion dollar international film distribution and finance dispute (arbitration)
- Trial counsel for premium jean designer, manufacturer and retailer in a multimillion dollar international contract dispute (arbitration)
- Trial counsel for individual plaintiff in a personal injury action (jury trial)
- Trial counsel for global telecommunications provider defendant, in a multimillion dollar contractual dispute that also involved tortious interference claims (bench trial)
- Trial counsel for plaintiff lessor in a multimillion dollar dispute over damaged computer equipment (arbitration).
Representative Class Action Experience
- Trial counsel for internet dating company in multiple class actions throughout the country arising out of well publicized data breach.
- Trial counsel for national retailer in In re Herbal Supplements Marketing and Sales Practices Litigation MDL.
- Trial counsel for premium jean and apparel manufacturers defending class actions in multiple jurisdictions alleging claims under California and other state laws for allegedly mislabeling products as “Made in the USA”.
- Trial counsel for several national retailers in related cases defending California UCL and CLRA and Magnusson Moss Warranty claims regarding the labeling and performance of store brand dietary supplements.
- Trial counsel for dietary supplement manufacturers defending California UCL and CLRA claims for false and misleading advertising concerning product warnings and labeling (both California and national classes);
- Trial counsel for direct marketing company defending class claims for alleged unlawful recording of phone calls under California Penal Code Sections 632 and 632.7;
- Trial counsel for dietary supplement manufacturer defending alleged national class claims under the New Jersey Consumer Fraud Act;
- Trial counsel for water conditioner manufacturer defending California UCL and CLRA claims for alleged false statements regarding product performance;
- Trial counsel for a national retailer defending a class action alleging that over 55,000 employees work "off-the-clock";
- Trial counsel in multi-district litigation for a Fortune 50 company defending class actions alleging meal and rest break violations;
- Trial counsel for hotel group defending class actions alleging meal and rest break violations;
- Trial counsel for individual director defending securities class action; and
- Trial counsel for national retailer defending class claims alleging overcharges on membership fees.
Prior to joining Barnes & Thornburg, Mr. Rising was a partner in the Los Angeles office of Akin Gump Strauss Hauer & Feld, LLP. He graduated with a B.A. from the University of California Irvine, and earned his J.D. from the UCLA School of Law, where he was a member of the school’s national moot court team and recipient of the American Board of Trial Advocates Award for Excellence in Preparation for Trial Practice of the Law.
Mr. Rising is admitted to practice in the state of California, as well as the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Courts for the Southern, Eastern, Central and Northern Districts of California.