Overview

Bao Vu represents clients in business, consumer, and regulatory disputes. His clients respect his fierce advocacy and ability to develop sophisticated legal strategies to reach business-oriented solutions.

A seasoned litigator, Bao has aggressively defended his clients in state and federal courts nationwide. He has a notable track record of representing companies ranging from Bay Area start-ups to multinational corporations in lawsuits involving competitor claims, founder/shareholder disputes, breaches of contract, and a wide array of business torts. His clients’ industries have included e-commerce, fintech and other technologies, as well as commercial lending, manufacturing, and renewable energy.

Bao also has an active practice representing consumer packaged goods (CPG) brands. They turn to Bao when they are facing individual and class action consumer fraud, unfair competition, and breach of warranty complaints. Bao’s CPG practice often involves complex labeling, safety, and other chemicals-related regulations.

A leading California Proposition 65 lawyer, Bao is often hired by brands facing Proposition 65 Notices of Violation alleging novel exposure theories, involving complex scientific issues. Recently, that has included allegations of hexavalent chromium (Cr6) in leather, diethanolamine (DEA) and cocamide DEA in personal care products, titanium dioxide in makeup, and BPA and PFAS (PFOA, PFOS, PFNA) in textiles. He and his team also defend brands facing allegations involving historically enforced chemicals, such as heavy metals (lead, cadmium, mercury) and phthalates (BBP, DEHP, DIDP, DBP, DnHP, DINP). Bao is often interviewed for articles and podcasts, and invited to speak at large trade association conferences about his robust industry insights.

In addition to his legal practice, Bao is dedicated to community service, serving on the boards of various Bay Area community organizations. He is also Vice Chair of Stoel Rives’ firmwide Diversity, Equity & Inclusion Committee.

Bao 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.

Education

University of California, Davis School of Law, J.D., Public Service Certificate; Managing Editor, UC Davis Law Review; Senior Editor, Environmental Law and Policy Journal; Witkin Award in Environmental Law

University of California, Santa Barbara, B.A., Psychology, with honors

Admissions

California

United States Court of Appeals for the Ninth Circuit

United States District Courts for the Central, Eastern, Northern, and Southern Districts of California

United States District Court for the Southern District of Indiana

United States Bankruptcy Courts for the Central, Eastern, Northern, and Southern Districts of California

Languages

  • Vietnamese

Experience

Bao’s representative experience includes:

Consumer & Environmental

  • Defense of industrial facilities and oil and gas operators against common law and Proposition 65 claims alleging environmental (air or occupational) and water discharges of chemicals including arsenic, benzene, hexavalent chromium, tetrachloroethylene (PERC), and per-and polyfluoroalkyl substances (PFAS) such as perfluorooctanoic acid (PFOA) and perfluorooctyl sulfonate (PFOS).
  • Defense of multinational agrochemical and agricultural biotechnology corporation against numerous class action lawsuits involving genetically modified crops.
  • Defense of numerous clients against consumer claims and government investigations for alleged improper “greenwashing” (e.g., improper use of claims such as “biodegradable” and “all natural”) and failure to disclose (e.g., failure to disclose hazardous substances under the Federal Hazardous Substances Act).
  • Advised auto manufacturing, consumer product, food, and dairy clients on compliance with the FTC’s “Green Guides,” including claim substantiation and advertising language for carbon reduction goals and efforts (e.g., direct, indirect, and electricity-related emissions).

Business

  • Representation of founders, shareholders, and partners in numerous multimillion-dollar disputes involving ownership interests in business ranging from technology and flooring companies to professional services firms.
  • Representation of numerous solar project developers in multimillion-dollar disputes throughout the U.S. involving asset purchase/membership interest agreements; power purchase agreements (PPA); engineering, procurement, and construction (EPC) agreements; supplier agreements; and commercial leases.
  • Representation of fintech company in contractual dispute involving allocation of interchange fees.
  • Trial and appellate counsel for asphalt plant operator in mineral trespass lawsuit brought by gold dredging company seeking disgorgement damages exceeding $10 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 banking 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.

Competitors

  • Defense of road construction company against bid rigging, price fixing, and market allocation antitrust claims.
  • Defense of metals fabricator against trade secret misappropriation and related claims.
  • Defense of medical foods company against competitor’s false advertising and labeling and related claims.

Insights

Insights & Presentations

  • “Warning: This Podcast Contains Chemicals Known to the State of California to Cause Cancer or Other Reproductive Harm” (guest), 99% Invisible podcast, March 5, 2024
  • "Compliance Blind Spots: Legal Issues for Footwear,” Footwear Distributors and Retailers Association (FDRA) Shoe Trade & Logistics Strategy Summit, Portland, OR, September 20, 2023
  • “Made Where? The Complications of Using ‘Made in the USA’ on Your Spirit” (co-author), Artisan Spirit Magazine, Summer 2023
  • “Earth Island Institute appealing greenwashing case won by Coca-Cola” (quoted), EconoTimes, December 30, 2022
  • “Coca-Cola Wins in Greenwashing Suits Show Hazy Marketing Limits” (quoted), Bloomberg Law, December 29, 2022
  • “The State of Corporate Racial Justice Initiatives,” The Bar Association of San Francisco, San Francisco, CA, August 17, 2022
  • “Prop 65 Updates: Chrome VI in leather, BPA in socks, new short form warning labels,” FDRA Product Safety Digital Conference, April 7, 2022
  • “9th Circuit Ruling Halts Prop 65 Acrylamide Lawsuits, Again” (co-author), The Recorder.com, March 31, 2022
  • “It’s Not Easy Being Green: Legal Considerations for Marketing Your Sustainability Efforts” (co- author), Artisan Spirit Magazine, Fall 2021
  • “California Labeling Law Updates You Need To Be Concerned With Now,” 2021 Retail Value Chain Federation (RVCF) Annual Fall Conference, Scottsdale, AZ, November 8, 2021
  • “Regulatory Updates Affecting The Shoe Industry,” Strategic Partner Discussion, FDRA Shoe Supply Chain Digital Summit, July 19, 2021
  • “Industry Chat on COVID-19’s Effect On Product Safety Laws and Regulations,” American Apparel & Footwear Association (AAFA), Newport Beach, CA, July 2021
  • “Alert: Uptick of Consumer Claims Against Allegedly Misleading Green Advertising,” RVCF Quarterly Newsletter, June 8, 2021
  • “Legal Requirements for Environmental Marketing,” AAFA Open-Industry Webinars, June 2021
  • “Proposition 65 and Other Labeling Updates,” FDRA Footwear Product Safety Digital Conference, May 26, 2021
  • “Dizzying CA Proposition 65 Developments Create Compliance Uncertainties for Businesses,” RVCF Quarterly Newsletter, April 6, 2021
  • “Regulatory Update,” AAFA 2021 Product Safety & Compliance Seminar, Newport Beach, CA, February 9–10, 2021
  • “CA Prop 65 Regulations Amended to Allow Vendors and Retailers to Shift Liability (But Beware),” RVCF Quarterly Newsletter, October 13, 2020
  • “Marketing Shoe ‘Sustainability’—What you can, cannot, and shouldn’t say about your sustainable shoes,” FDRA Digital Shoe Sustainability Summit, September 4, 2020
  • “Complying With The Law While Marketing That You’re ‘Going Green’,” RVCF Quarterly Newsletter, June 10, 2020
  • “While Washington State Eyes Regulations Involving Electronics, Carpet, Printing Inks, Food Cans, Laundry Detergent, Thermal Paper, Vinyl Flooring, and Fragrances, You Should Start Planning Now,” RVCF Quarterly Newsletter, April 2, 2020
  • “New Consumer Product Laws for 2020 You Need to Know About,” RVCF Quarterly Newsletter, February 11, 2020
  • “Case Study: You’ve Been Served,” FDRA Product Safety & Compliance Seminar, Long Beach, CA, February 5, 2020
  • “What Your Company Needs to Know About Social Media Influencers” (with co-author Melissa Jones), The Legal Intelligencer, August 29, 2019
  • “New CA Proposition 65 Enforcement Trend: PVC and Vinyl Packaging,” RVCF Quarterly Newsletter, August 5, 2019

Recognition

  • Listed among Rising Stars (Business Litigation, Environmental Litigation) Northern California Super Lawyers ®, 2019–present
  • Selected by the Los Angeles and San Francisco Daily Journal as a Top 40 Under 40 honoree, 2022
  • “Newly-Minted Second Hundred Litigation Partners Open Up About What It Takes to Make It” (quoted), com, June 13, 2022
  • “How I Made Partner,” Law.com, June 2, 2021

Affiliations

Civic

Industries

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