Bao M. Vu

Bao M. Vu

Of Counsel
San Francisco, CA
Overview

About Bao

For nearly a decade, Bao has helped clients comply with the Safe Drinking Water and Toxic Enforcement Act (Proposition 65) and the Fair Packaging and Labeling Act (“slack fill” law), as well as regulations established by the FDA, USDA, CA Air Resources Board, CA Department of Pesticide Regulation, CA Department of Toxic Substances Control, and the CA Attorney General, just to name a few. His clients are manufacturers, packagers, distributors, and retailers. His clients’ products and industries include:

  • Medical Foods
  • Nutritional Supplements
  • Natural Foods
  • Electronic Vaporizers
  • Cosmetics
  • Apparel
  • Handbags
  • Fashion Accessories
  • Footwear
  • Vehicles and Vehicle Parts
  • Metals Fabrication
  • Industrial Lubricants
  • Cleaning Solvents
  • Hobby Supplies
  • Miscellaneous Consumer Goods

As an experienced litigator with significant experience defending clients in state and federal courts throughout the U.S., new clients also rely on Bao when they are the subject of single-plaintiff, class action, or government prosecutions. He thus has a successful track record of aggressively defending clients in antitrust, false and deceptive advertising and labeling, toxic tort, and trade secret misappropriation lawsuits, as well as favorably resolving government investigations. Those lawsuits and investigations typically involved complex consumer protection and environmental laws and regulations.

In addition to Stoel Rives, Bao has practiced at other national and international law firms, and he has served as a judicial extern to the Honorable James Ware (Ret.), U.S. District Court for the Northern District of California, and the Honorable Roger L. Efremsky, U.S. Bankruptcy Court for the Northern District of California.

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Experience

Experience

Food and Consumer Products and Services

  • Defended multinational agrochemical and agricultural biotechnology corporation against numerous class action lawsuits involving genetically modified crops.
  • Defended national honey cooperative against numerous class action lawsuits involving unfair competition and breach of warranty allegations and issues under the Federal Food, Drug, and Cosmetic Act.
  • Defended industrial facilities against numerous single-plaintiff and class action lawsuits involving alleged emissions of chemicals such as hexavalent chromium and common law and Proposition 65 claims.
  • Defended food, nutritional supplement, fashion accessory, and footwear manufacturers and retailers against consumer exposure claims under Proposition 65.
  • Represented dairy-producer handlers and out-of-state producer in nine-week USDA evidentiary hearing concerning the promulgation of a California Federal Milk Marketing Order.
  • Represented product manufacturers in California Air Resources Board investigations concerning allegations of excess volatile organic compounds (VOC) and methylene chloride content in their products.
  • Represented product manufacturers in California Department of Pesticide Regulation investigations concerning allegations of improperly registered pesticides.
  • Advised glasses manufacturer on compliance with laws regulating environmental claims, including the FTC’s “Green Guides” regulations.
  • Advised athletic footwear manufacturer on compliance with California’s ban on the importation of exotic animal skins, enumerated under Penal Code § 653o.
  • Advised tour company and entertainment centers on liability waivers and related matters.

Competition

  • Defended medical foods company against a competitor lawsuit, involving false advertising and labeling and related claims.
  • Defended metals fabricator against a competitor lawsuit, involving trade secret misappropriation and related claims.
  • Defended road construction company against a competitor lawsuit, involving bid rigging, price fixing, and market allocation antitrust claims.

Complex Energy and Environmental Disputes

  • Represented electric generation facility in multimillion-dollar dispute involving complex 418 MW Power Purchase and Sale Agreement with large, investor-owned utility.
  • Represented electric generation facility in multimillion-dollar dispute with Southern California municipality.
  • Representing solar project developer in multimillion-dollar payment dispute with project’s purchaser.
  • Representing solar energy producers in federal bankruptcy and appellate courts involving large, investor-owned utility’s bankruptcy.
  • Defended industrial facility specializing in materials conversion and titanium, steel, and high temperature alloys forging in administrative enforcement proceeding before the South Coast Air Quality Management District, concurrently prosecuting related writ lawsuit before the Superior Court challenging curtailment procedures.
  • Represented solar energy project developer in numerous disputes throughout U.S. involving Engineering, Procurement, and Construction agreements, supplier agreements, and commercial leases.

Trial, Arbitration, and Appeals

  • Trial and appellate counsel for asphalt plant operator in mineral trespass lawsuit brought by gold dredging company seeking disgorgement damages exceeding $10 million. Cal. Sierra Dev., Inc. v. George Reed, Inc., 145 Cal. App. 5th 663 (2017).
  • Arbitration counsel for recycling corporation in multimillion-dollar indemnity dispute concerning largest metals recycling facility in California.
  • Arbitration counsel for national qui tam law firm in multimillion-dollar professional negligence lawsuit.
  • Briefed and argued to defend judgment secured on behalf of Special Servicer before the California Court of Appeal in case involving effect of bankruptcy discharge.
  • Briefed and assisted with argument to defend order denying remand to State Court secured on behalf of Special Servicer before the U.S. Court of Appeals for the Ninth Circuit. Corral v. Select Portfolio Servicing, Inc., 878 F.3d 770 (9th Cir. 2017).
  • Briefed and assisted with argument to defend order appointing receiver over three commercial centers in Puerto Rico on behalf of Special Servicer before the U.S. Court of Appeals for the First Circuit.
  • Briefed and assisted with argument to defend judgment secured on behalf of test and measuring device company in case involving employment discrimination.
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Honors

Honors & Activities

  • Listed among Rising Stars (Business Litigation, Environmental Litigation) Northern CaliforniaSuper Lawyers ®, 2019
  • Board of Directors, Asian Law Alliance
  • Mentor, Bay Area Lawyers for Individual Freedom (BALIF)
  • Bar Association of San Francisco
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