Phong L. Tran

Senior Associate

Mr. Tran is an attorney in the San Diego office of Johnson Fistel, where he specializes in representing shareholders in securities fraud class actions and derivative litigation.  Mr. Tran has litigated complex cases in state and federal courts all around the country, and has been instrumental in recovering hundreds of millions of dollars for injured investors and securing significant corporate governance reforms at numerous publicly-traded companies.

Prior to joining Johnson Fistel, Mr. Tran worked at the prominent plaintiff class action firm of Robbins Geller Rudman & Dowd LLP.  He also previously served as a prosecutor, first as a Special Assistant United States Attorney for the Southern District of California, and later, as a Deputy City Attorney with the San Diego City Attorney’s Office.  During his time as a prosecutor, Mr. Tran successfully tried several cases to verdict.

Notable matters in which Mr. Tran has served as counsel of record include, among others: Dahl v. Bain Capital Partners, No. 07-cv-12388 (D. Mass.) ($590.5 million aggregate settlement in an antitrust action brought on behalf of investors who sold shares to private equity firms in leveraged buyout deals); In re Midland National Life Ins. Annuity Sales Practices Litigation, MDL No. 07-1825 (C.D. Cal.) ($79.5 million in economic benefits obtained on behalf of nationwide class of seniors who purchased deferred annuities); Negrete v. Fidelity and Guaranty Life Insurance Co., No. CV-056837 (C.D. Cal.) ($52.7 million in economic benefits obtained on behalf of nationwide class of senior purchasers of deferred annuities); IBEW Local 697 Pension Fund v. International Game Tech., 3:09-cv-00419-MMD-WGC (D. Nev.) ($12.5 million settlement achieved on behalf of investors in securities fraud class action); In re Groupon Marketing and Sales Practices Litigation, Case No. 3:11-md-022238-DMS-RBB (S.D. Cal.) ($8.5 million settlement achieved on behalf of consumers who purchased “expired” Groupon vouchers); In re LivingSocial Marketing and Sales Practices Litigation, MDL No. 2254 (D.D.C.) ($4.5 million class action settlement achieved on behalf of purchasers of “expired” LivingSocial vouchers); In re Pacific Biosciences Sec. Litigation, Case No. CIV509210 ($7.68 million securities class action settlement brought under the Securities Act of 1933) (Cal. Super. Ct., San Mateo Cnty.); Adkins v. Nestle Purina PetCare Co., Case No. 12 C 2871 (D. Ill.) ($6.5 million class action settlement achieved on behalf of purchasers of allegedly unsafe dog treat products); and Weitzman v. Ullman, et al. (J.C. Penney  Company,  Inc. Derivative Litigation), Civ. No. 4:13-cv-00585 (E.D. Tex.) (settlement in shareholder derivative action that resulted in material reforms to JCPenney’s corporate governance systems).

Areas of Practice:  Mr. Tran focuses his practice on securities and consumer class action litigation and shareholder derivative litigation.  He has considerable experience litigating claims brought under the Securities Act of 1933, the federal statutory framework that protects investors who purchased shares and suffered losses in connection with public offerings.  In that regard, Mr. Tran has helped investors recover many millions of dollars, including in the following class action cases: In re Sunrun Shareholder Litigation, Case No. CIV. 538215 (Cal. Super. Ct., San Mateo Cnty.) ($32 million settlement achieved on behalf of investors who purchased shares in the Sunrun IPO); In re MobileIron, Inc. Shareholder Litigation, Case No. 1-15-284001 (Cal. Super. Ct., Santa Clara Cnty.) ($7.5 million settlement achieved on behalf of investors who purchased shares in the MobileIron IPO); In re Ooma, Inc. Shareholder Litigation, Case No. CIV536959 (Cal. Super. Ct., San Mateo Cnty.) ($8.65 million settlement achieved on behalf of investors who purchased shares in the Ooma IPO – preliminary approval pending); and Switzer v. W.R. Hambrecht & Co., LLC (Cal. Super. Ct., San Francisco Cnty.) ($2.45 million settlement achieved on behalf of investors who purchased shares in the Arcimoto IPO – preliminary approval pending).

Professional Qualifications and Activities:  Mr. Tran was admitted to the State Bar of California in 1999, and is currently admitted in good standing with the following courts:

  • All courts in the State of California
  • The United States Court of Appeals for the Ninth Circuit
  • The United States District Courts for the Southern, Central, and Northern Districts of California
  • The United States District Court for the Eastern District of Michigan

Mr. Tran is also a member of the following professional organizations:

  • American Bar Association
  • San Diego County Bar Association
  • Association of Business Trial Lawyers
  • American Inns of Court—Louis M. Welsh Chapter
  • Consumer Attorneys of California
  • Lawyers Club of San Diego
  • Pan Asian Lawyers of San Diego

Mr. Tran also serves as a mentor to disadvantaged high school students in the San Diego area as part of the Crawford Academy of Law and Justice.

Education:  Mr. Tran earned his Juris Doctor degree from the UCLA School of Law.  During law school, Mr. Tran served as a judicial extern for then-District Court Judge Richard A. Paez, who now sits on the Ninth Circuit Court of Appeals.  Mr. Tran graduated summa cum laude from the University of San Diego with a Bachelor of Business Administration degree in Business Economics.