Covington & Burling LLP operates as a limited liability partnership worldwide, with the practice in England and Wales conducted by an affiliated
limited liability multinational partnership, Covington & Burling LLP, which is formed under the laws of the State of Delaware in the United States
and authorized and regulated by the Solicitors Regulation Authority with registration number 77071..
Amy Heath is a class action and commercial litigator who helps the world’s leading companies in the technology, consumer products, and other sectors navigate their most significant disputes. She has delivered extraordinary results, winning multiple cases involving billions of dollars in claims. Amy has had exceptional success with early dispositive motions, distilling complex arguments to show why claims should not proceed. A former intelligence analyst, Amy brings the same sound strategic judgment, analytical rigor, attention to detail, efficiency, and commitment to client service to her practice of law.
Amy frequently litigates matters involving privacy, wiretap, contract, consumer protection, fraud, unfair competition, antitrust, and intellectual property claims. She has significant experience throughout the litigation lifecycle, including:
developing strategies to coordinate litigation across jurisdictions, including multidistrict litigation;
briefing dismissal, class certification, and summary judgment motions;
taking depositions and managing discovery;
effectively navigating joint defense groups; and
drafting and arguing appeals.
Amy also regularly counsels clients on the strategic considerations related to arbitration agreements. She drafts and revises arbitration clauses and class action waivers in terms of service, including to mitigate mass arbitration risk.
Before joining the firm, Amy clerked for the Honorable Michelle T. Friedland of the United States Court of Appeals for the Ninth Circuit and the Honorable Lucy H. Koh, then of the United States District Court for the Northern District of California. Amy maintains an active pro bono practice that focuses on direct services for individual clients.
Before practicing law, Amy served as an intelligence analyst at CIA, where she was a regular contributor to the President’s Daily Brief.
Representing technology company in developing multi-state affirmative litigation strategy.
Representing major technology company in putative class action involving product liability, consumer protection, and sex trafficking claims related to cloud storage service.
Representing major technology company in putative class action involving California Invasion of Privacy Act, Pennsylvania Wiretapping and Electronic Surveillance and Control Act, common law privacy, consumer protection, and contract claims related to data collection practices.
Representing major technology company in putative class action involving Computer Fraud and Abuse Act, California Comprehensive Computer Data Access and Fraud Act, and consumer protection claims.
Representing consumer products company in putative class action involving false advertising and consumer protection claims related to haircare labeling.
Representing consumer products company in multidistrict litigation involving putative class consumer protection, fraud, and warranty claims relating to effectiveness of a common ingredient in cough-and-cold medicines, resulting in dismissal.
Represented consumer products company in class action challenge to labeling claims. Developed novel preemption argument, resulting in dismissal.
Represented consumer products company in multidistrict litigation involving class consumer protection, fraud, and warranty claims arising from alleged contamination of aerosol products, resulting in early resolution.
Represented leading technology company in putative class action involving claims under the Wiretap Act and Stored Communications Act. Successfully transferred and resolved suit at early stage.
Represented energy trading company in parallel federal class action and state parens patriae suits involving antitrust and unfair competition claims, reducing multi-billion dollar damages claims to successful settlements.
Represented credit union in putative contract class action related to overdraft practices.
Represented travel platform in antitrust and trademark suit, resulting in dismissal.
Representing Uber Technologies, Inc. in fraud suit related to operations in Argentina, resulting in recovery of Rule 11 sanctions and dismissal. Led briefing on appeal before Ninth Circuit and Supreme Court of California.
Represented entertainment company in contract suit to enforce non-competition agreement, defeating summary judgment motion.
Represented major technology company and subsidiary in putative wiretap, privacy, fraud, and unfair competition class action, resulting in pre-motion voluntary dismissal.
Represented major technology company in fraud suit related to a telecommunications project.
Represented global manufacturing company in an internal and government investigation regarding possible accounting violations.
U.S. District Court, Northern District of California
U.S. District Court, Eastern District of California
U.S. District Court, Southern District of California
U.S. District Court, Central District of California
Judicial Clerkship
Hon. Lucy H. Koh, U.S. District Court, Northern District of California, 2017 - 2018
Hon. Michelle T. Friedland, U.S. Court of Appeals, Ninth Circuit, 2016 - 2017
Pro Bono
Representing class of Latinos in Maricopa County, Arizona in racial profiling civil rights case that involves ongoing compliance work and injunction enforcement; successfully argued appeal of permanent injunction before the Ninth Circuit, resulting in full affirmance.
Representing putative class of claimants before Court of Appeals for Veterans Claims in suit challenging VA’s failure to provide necessary benefits application forms; argued motion to dismiss and class certification motion on behalf of putative class.
Obtained release of debt and partial refund for client in bail bond debt negotiations.
Successfully represented multiple Social Security Disability Insurance claimants in federal district court appeals.
Obtained favorable Social Security Disability Insurance decisions for multiple clients in remand proceedings before Social Security Administration.