Bethany currently serves as one of the co-chairs of the firm's class action practice and the litigation subgroup lead of the data privacy and security team. She has over 20 years of experience litigating class actions and complex litigation, including the defense of consumer class actions, antitrust cases, mass tort and product liability claims, data privacy matters, and commercial disputes.
Bethany litigates for global clients, including Fortune 100 companies and product manufacturers, as national counsel in federal and state courts around the country and is licensed in Virginia and California. Bethany has appeared before the Judicial Panel on Multidistrict Litigation, and has significant first-chair and liaison counsel experience in multidistrict and class litigation. Her class action experience includes defeat of nationwide class certification, summary judgment under various states’ consumer protection laws and successful mediation and resolution of classwide claims when the client’s business interests dictate resolution over protracted litigation. She frequently prepares internal client witnesses for testimony, interacts with expert witnesses on technical and damages issues, and counsels clients regarding data privacy issues, including compliance with California’s Consumer Privacy Act, and complex discovery proceedings. Bethany is a member of the International Association of Privacy Professionals.
Bethany taught appellate advocacy at the University of Richmond's T.C. Williams School of Law for four semesters from 2005-2009. Her curriculum included persuasive appellate writing and effective appellate oral advocacy. While she earned her law degree from the University of Richmond, she was honored as a member of the McNeill Law Society and served as manuscripts editor of the law review.
Bethany is an avid cyclist and triathlete in her time away from the office. She has completed three long-distance triathlons (Lake Placid, Coeur d’Alene and Florida) along with numerous shorter-distance races.
Represents Lumber Liquidators Inc. in over 100 putative class actions consolidated for pre-trial purposes in the Eastern District of Virginia. Cases allege the Chinese manufactured laminate floors contained excessive levels of formaldehyde in violation of CARB standards and seek damages under various state consumer protection statutes and negligent and fraudulent misrepresentation theories.
Defense of polyurethane foam manufacturer in direct purchaser and indirect purchaser antitrust class actions and opt-out litigation stemming from allegations of price-fixing and market allocation.
Representation of ConAgra Foods, Inc. as liaison counsel in multidistrict and state court litigation involving several hundred individual and purported class action lawsuits alleging Salmonellosis from the consumption of one of its products. Defeated class certification, awarded summary judgment and dismissals in more than 100 individual cases and effectively implemented coordinated national discovery procedures.
National counsel for power tool manufacturer in toxic tort cases and domestic and international discovery matters.
Won summary judgment against the State of New Hampshire for handheld outdoor power tool manufacturer in declaratory judgment matter regarding the state’s new dealer laws. Summary judgment upheld on appeal to the NH Supreme Court.
Defended handheld outdoor power tool manufacturer in prominent California wildfire litigation.
Defended a NYSE-traded insurance company in complex antitrust litigation involving alleged violations of federal antitrust laws and state consumer protection statutes.
Representation of manufacturer client in the prosecution of UCC breach of contract and indemnity claims against a component part manufacturer.
Defense of Fortune 100 company in multidistrict class action and opt-out antitrust litigation involving the vitamins industry in the U.S. District Court for the District of Columbia and various state courts.
Defense of automotive manufacturer in Lemon Law, warranty and contract actions in Virginia state court. Litigated one matter to a defense verdict; won directed verdict and summary judgment in two other matters and defended one of those judgments on appeal to the Supreme Court of Virginia.
Member; Chair, 2003-2004; Co-chair, 2001-2003, Admissions and Orientation Committee, Virginia State Bar
Member, Antitrust Division, American Bar Association
Named to "Top Women Attorneys", Los Angeles Business Journal, 2020
Named to "Virginia Rising Stars," Civil Litigation Defense, Personal Injury Defense: Products, Business Litigation, Super Lawyers, Thomson Reuters, 2007, 2009
Law360 Quotes Bethany Gayle Lukitsch on California Consumer Privacy Act Enforcement
June 22, 2020
Bethany Lukitsch Named One of Los Angeles Business Journal’s Top Women Attorneys
April 27, 2020
Coming Soon: CCPA Compliance
October 9, 2019