Mr. Dailey assists clients with commercial litigation matters in state and federal courts, regularly representing clients in the financial services, real estate, mobile application, website, retail, franchise, hotel, agricultural exports, railroad, and restaurant industries. He represents clients in pre-litigation mediation, nationwide class actions, and California and Ninth Circuit appeals. He has successfully disposed of numerous tort, equitable, contract, and statutory claims (including FCRA, FDCPA, RFDCPA, HBOR, RESPA, TILA, UCC, and UCL) at the pleadings and on summary judgment.
Mr. Dailey brings a legal operations mindset to each case. He co-manages a six-attorney team handling a portfolio of 50+ California lawsuits for a major firm client, overseeing litigation, budget, workflow, and document management strategy on every case. He has calculated flat fee, quarterly, and hourly budgets, as well as risk-weighted exposure and optimal settlement points, in more than 100 cases.
His representative experience includes:
- Class actions - Defend financial institution in multi-state putative class action alleging more than $1 billion in damages. Defend dating app against California putative class action alleging statutory violations and unfair competition (resulting in dismissal for nuisance value).
- Real Estate & Complex Commercial Litigation - Assist LLCs and managers defend against (and assert) claims for breach of fiduciary duty, fraud, and violations of California's Revised Uniform Limited Liability Company Act (RULLCA). Defend medical research organization against breach of contract claims brought by donor under multi-million dollar grant agreement (resulting in settlement favorable to client).
- Consumer Finance and Consumer Torts - Defend financial institutions against customer and borrower suits alleging fraud, negligence, breach of contract, interference with economic advantage, unfair competition, promissory estoppel, and violations of the Truth in Lending Act (TILA), Fair Credit Reporting Act (FRCA), Real Estate Settlement Procedures Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Rosenthal Fair Debt Collection Practices Act (RFDCPA), the Telephone Consumer Protection Act (TCPA), Homeowner Bill of Rights (HBOR), state unfair and deceptive acts or practices (UDAP/UCL) acts, and other statutes.
- Bank Operations - Represent banks in a wide variety of cases involving operations issues, including check and wire fraud, credit reporting allegations, levy and garnishment issues, unauthorized funds transfers, ACH and online payments, and other issues involving deposit accounts, negotiable instruments, and credit products involving the Uniform Commercial Code
- Franchise - File complaints on behalf of franchisors in hotel and food industries regarding breach of franchise agreements and trademark infringement. Defend hotel franchisors against premises liability personal injury actions. Draft payment demand letters and trademark cease and desist letters to past and present franchisees on behalf of franchisors.
- Tech, IP, and Corporate - Advise businesses on entity formation, protecting intellectual property, trademark registration, preparing licensing agreements, independent contractor agreements, and corporate bylaws. Regularly negotiate licensing, vendor, and other commercial contracts. Defend franchisee against common law trademark infringement allegations (avoiding TTAB proceedings). Advise clients on real estate matters, including title reports, due diligence, lien priority issues, title insurance disputes, hazard insurance disputes, HOA disputes, partition actions, and recording quitclaim deeds and other documents.
Mr. Dailey volunteers pro bono with Bet Tzedek and Public Counsel to provide legal assistance with a focus on family law and guardianship matters.
Prior to joining the firm, Mr. Dailey was a judicial extern for the Honorable Rex Heeseman at the California Court of Appeals for the Second. Mr. Dailey graduated from UCLA School of Law with a specialization in business law, which included courses at UCLA Anderson School of Management. He was an active member of the Counseling Emerging Technology Companies clinic, providing legal assistance on formation, employment, intellectual property, and privacy issues to ten start-up companies for a well-known tech accelerator program in Santa Monica. In addition, he competed in the UCLA Mock Trial tournament and served two years on the board of the UCLA Real Estate Law Association. During law school, he also worked in business development at a mobile application development and strategy firm, and as a research assistant to an intellectual property scholar. Mr. Dailey was a summer associate in the firm’s Los Angeles office.
Before moving to Los Angeles, Mr. Dailey worked at a government affairs firm in Portland, Oregon, providing lobbying and campaign support to public organizations and Fortune 500 companies. He also spent a year managing online marketing for a financial news and commentary website. Mr. Dailey graduated with honors from Willamette University with a bachelor’s degree in politics with minors in economics and philosophy.