Lynn R. Fiorentino

Partner
Lynn co-chairs the Consumer Products Industry Group and Class Actions Group and focuses her practice on complex commercial litigation, including class actions, white collar criminal defense and government investigations, and Proposition 65 compliance and litigation.
Lynn R. Fiorentino, Partner, San Francisco at Arent Fox

Lynn’s diversified practice allows her to function as a trusted advisor to companies and individuals across a broad array of industries and practice areas, including in the consumer products space, all forms of civil litigation, with a focus on class actions and Proposition 65, and white collar criminal litigation and government investigations.

In the civil arena, Lynn defends clients in cases involving alleged financial fraud, employment and wage and hour violations, unfair competition under Business & Professions Code Section 17200, and Proposition 65 violations. Lynn also represents alcohol beverage suppliers and distributors in breach of contract and business tort litigation. She has extensive experience drafting pretrial motions and discovery, arguing motions in state and federal court, and taking and defending depositions of plaintiffs, fact witnesses, corporate representatives, and expert witnesses.

In the criminal arena, Lynn represents clients in the defense of the Foreign Corrupt Practices Act, False Claims Act, Clean Water Act, and money laundering and antitrust laws. She also defends students in Title IX university disciplinary matters with parallel criminal proceedings. Lynn has extensive experience defending business organizations, employees, and witnesses and representing victims in government investigations and criminal actions. Her broad experience also includes conducting internal investigations in white collar matters and governmental investigations and interfacing with state and federal prosecutors. Lynn has criminal trial experience in state and federal court.

Under Proposition 65, Lynn has defended countless businesses in notices of violations across a broad array of product lines and chemical compositions, both pre-litigation and in litigation. In addition, she routinely counsels corporate clients to develop and enhance compliance programs under Proposition 65 and the California Cleaning Product Right to Know Act.

Client Work

Some of Lynn’s notable representative matters include:

  • Defending two physicians groups and a management services organization in an investigation brought by the Federal Trade Commission alleging antitrust violations resulting in no enforcement.
  • Representing a pool of employees of a global biotechnology company in an international investigation of the company by the Securities & Exchange Commission and Department of Justice for alleged FCPA violations.
  • Leading an internal investigation and managing outside counsel defending employees of global metal recycling corporation during criminal prosecutions arising from alleged metal theft. Representation included interfacing with local prosecutors during criminal proceedings and subsequent Business & Professions Code Section 17200 investigations.
  • Successfully defended university student in Title IX investigation with parallel criminal and civil restraining order proceedings resulting in no permanent mark on client’s transcript; obtained early termination of probation and dismissal of criminal complaint.
  • Representing several foreign material witnesses during a prolonged governmental investigation for alleged Clean Water Act violations from highly publicized maritime accident in the San Francisco Bay.
  • Member of a trial team achieving a defense verdict in a three-month, multi-million dollar product liability case defending a major American automobile manufacturer and obtaining an order requiring the plaintiff to pay over $100,000 in litigation costs.
  • Obtaining summary judgment in a wage and hour class action on behalf of an integrated security solutions company based on a collective bargaining agreement exemption.
  • Obtaining summary judgment on behalf of a major oil refining corporation in a complex premises liability case in the face of a $750,000 demand.
  • Mediating and negotiating a favorable settlement for a global oil company in a multi-million dollar environmental contamination case brought by a municipality.
  • Providing pro bono legal services to Northern California Golden Retriever Rescue.

Previous Work

Prior to joining ArentFox Schiff, Lynn was an associate at an international law firm, where she practiced in the Government Investigations & White Collar Defense group. Lynn also spent eight weeks conducting jury trials at the Marin County District Attorney’s office as part of a trial externship program with her prior firm. 

Prior to becoming an attorney, Lynn worked for a global pharmaceutical company selling medications to treat diabetes and congestive heart failure.

Publications, Presentations & Recognitions

  • “Before the 60-Day Notice Arrives: Strategies for Keeping Your Products Prop. 65 Compliant,” Prop. 65 Annual Conference, September 2020
  • “A New Era of Compliance: LPA and Prop 65,” California Cannabis Business Conference, October 2018

Professional Activities

Lynn serves on the Executive Committee of the Bay Area chapter of the Women’s White Collar Defense Association and is a leader of ArentFox Schiff’s Women’s Initiative.

In addition, Lynn is a member of the following organizations:

  • California State Bar Association, Member, Litigation and Criminal Justice Sections
  • San Francisco Bar Association

Life Beyond the Law

Outside of the law, Lynn is dedicated to her workout routines, which include bootcamp and boxing classes, running and hiking. She loves dogs, cooking, traveling to warm climates, and entertaining friends and family.

Perspectives