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Class Action Defense
Overview
Experience
Recognitions
Publications

Whether defending bet-the-company class action litigation or opportunistic strike suits, our litigators are leaders in the class action defense bar. We have prevailed using innovative approaches, including addressing escalated customer complaints before they turn into litigation, pursuing targeted absent class member discovery to defeat class certification and developing novel legal arguments to defeat class actions on their merits. We partner with our clients to evaluate the likelihood of prevailing as compared to the costs of particular litigation strategies. When clients opt for settlement, we structure creative settlements that afford maximum closure with minimal outlay.

Our litigators are well-versed in the state and federal regulations and agency proceedings that often impact class action litigation. Our team members regularly appear before and petition agencies, including the Federal Trade Commission, Federal Communications Commission, Consumer Financial Protection Bureau and various state regulatory bodies. Our reputation and working relationships with these agencies allow us to take advantage of regulatory avenues that save our clients from pending or threatened litigation.

Finally, we do much more than litigate. We proactively counsel clients on a host of complex employment, consumer, marketing and privacy issues. We advise companies on all consumer-facing disclosures, including drafting privacy policies, arbitration clauses with class waivers, product warnings and terms of use and service for websites and mobile applications. Similarly, we advise companies on how to conduct effective marketing campaigns within the bounds of state unfair competition and consumer protection laws.

Our attorneys litigate class actions involving a wide variety of substantive areas of law, including the following:

Our attorneys defend class actions on behalf of clients in a wide variety of industries, including the following:

  • Aerospace and defense
  • Auto finance
  • Consumer banking and lending
  • Food and beverage
  • Healthcare and pharmaceuticals
  • High technology
  • Hotel, casino and hospitality
  • Insurance
  • Mortgage
  • Petroleum production and retail
  • Power and energy
  • Product manufacturing
  • Retail, including restaurant, supermarket, pharmacy, clothing and other national chain stores
  • Defended Cubic Corporation and the Chicago Transit Authority against a putative consumer class action stemming from the conversion to the Ventra mobile contactless payment system for public transportation in Chicago and surrounding communities.
  • Defended an international quick service restaurant (QSR) company in a TCPA class action of first impression involving “friend forwarded” text message and negotiated the dismissal of all claims prior to responding to the complaint.
  • Won dismissal of consumer fraud claims in a putative class action and engineered the successful settlement of class plaintiff’s individual claims against one of the nation’s most prominent business telecomm providers of voice, data, security and cloud services.
  • Negotiated the resolution of a Second Circuit appeal involving the enforcement of class waiver and arbitration provisions of a prominent online retailer, ensuring that the district court’s order upholding the class waiver and arbitration provisions remained valid.
  • Negotiated the individual settlement of class plaintiff’s claims against a nationally accredited medical education provider arising out of the sending of allegedly unsolicited fax advertisements, in which our client faced potential exposure of millions of dollars in liability.
  • Defended the world’s largest QSR company in a FACTA class action seeking millions of dollars in statutory penalties.
  • Won dismissal of Walmart in a nationwide false advertising class action.
  • Won dismissal of a large Las Vegas hotel and casino after filing an affirmative motion to deny class certification based on the inadequacy of the class representative.
  • Won dismissal of CVS Pharmacy from a class action lawsuit claiming violation of state and federal medical privacy laws.
  • Defended a supplement manufacturer in a false advertising class action relating to product labeling. Resolved by favorable settlement.
  • Defended a national restaurant chain in false advertising class actions relating to menus. Defeated class certification and the matter resolved favorably for our client.
  • Defended a cosmetic manufacturer in a false advertising class action. Resolved by favorable settlement.
  • Defended insurer in a class action alleging class was owed interest on deposits paid. Prevailed on summary judgment and judgment was affirmed on appeal.
  • Defended the lender in a class action alleging class members’ privacy rights were violated. Prevailed in arbitration and judgment in favor of client was affirmed on appeal.
  • Defended an app developer in a class action alleging class members' privacy rights were violated. Case was dismissed.
  • Defended a lender in a class action alleging class members were deceived into paying undisclosed fees. Prevailed on summary judgment and judgment was affirmed on appeal.
  • Defended major auto finance companies, including Toyota Financial Services, GM Financial, Nissan Motor Acceptance Corporation, Consumer Portfolio Services, CenterOne Financial LLC, United Auto Credit Corporation and Santander Consumer USA, among others, in consumer class actions challenging financing and leasing issues.
  • Defended leading rental car company in class actions challenging refueling charges, government fee pass-throughs and other charges.
  • Defended major banks, insurers and consumer finance companies in class actions in state and federal courts challenging force-placed insurance on automobile and home loans, including Wahl v. American Security Ins. Co., 2008 WL 2444802 (N.D.Cal.).
  • Enforced class action waivers in arbitration clauses on behalf of financial services clients in state and federal courts.

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