Practice

Commercial Class Action

Bringing unique experience, proven strategies, and efficient processes to commercial class action matters.

Our firm’s Commercial Class Action practice has successfully defended corporations in complex litigations across the country. We understand the challenges companies across all industries face in a class action, and have employed aggressive and creative approaches to these cases, including making early challenges to class certification, and seeking bifurcated discovery where appropriate to minimize expense.

Our attorneys have represented “household name” corporations on a variety of class actions involving: 
  • Consumer protection
  • Privacy
  • Securities 
  • Copyright
  • Wage and hour
  • Product liability and complex torts
  • False advertising
Our class action lawyers are adept at managing and coordinating multiple proceedings, including claims consolidated by federal panels on multi-district litigation; parallel lawsuits in different states (or even abroad); and parallel state and federal regulatory and law enforcement investigations. 

We also work to shield well known clients from negative publicity. Minimizing civil legal liabilities is only one piece of the puzzle toward successful resolution. In addition, we coordinate crisis communications and brand management experts to minimize damage to your reputation.

We serve as business and legal advisors for our clients. In addition to our class action litigation experience, we work with and counsel our clients on to proactively minimize litigation risk. 

Areas of Focus

We serve as counsel on a variety of class action matters involving:
  • Consumer fraud issues including pricing practices, false advertising, false labeling, breach of contract, among others.
  • Healthcare issues including, HIPAA and FCA matters
  • Employment issues including, ADA compliance, wage and hour, wrongful termination, and matters involving arbitration clauses. 
  • Privacy and data security issues including the Telephone Consumer Protection Act
  • Variety of state and federal securities fraud issues

Experience

CONSUMER
  • Represented a large computer manufacturer in consumer class actions in Oklahoma, North Carolina, Rhode Island, and Massachusetts alleging false invoices and wrongful tax collection.
  • Represented a famous beauty and wellness retailer and other retailers accused in federal court class actions of wrongful collection of customer data.
  • Represented a gasoline service station chain in a federal class action alleging wrongful processing of credit cards.
  • Represented a non-profit and for-profit marketers sued in class actions alleging violation of the Federal Telephone Consumer Protection Act.
  • Represented a state agency alleged in a federal class action to have fined customers without due process.
  • Represented a famous mutual fund company in defense of a class action in federal court alleging deceptive failure to disclose retention of interest float on customer funds; class certification denied.
  • Represented a major cigarette maker in defense of state and federal class actions alleging insurer losses due to smoking-related disease.
  • Represented an airline software maker alleged by classes of airline passengers in Texas and New York federal courts to have wrongfully disclosed customer data.
  • Successfully defended a consumer class action against a national health club chain based on alleged illegal terms in its member agreements, obtaining a dismissal that was affirmed by the Massachusetts Supreme Judicial Court.
  • Represented medical providers in multiple state court class actions alleging overbilling for record copies.
  • Successfully defended two proposed consumer class actions against a transportation company based on allegedly illegal terms in its consumer agreements, obtaining dismissals that were affirmed by the Massachusetts Supreme Judicial Court.
  • Obtained dismissal of constructive trust and Credit Repair Organization Act claims brought by a class of consumers of a non-profit credit repair organization against national accounting firm which served as the non-profit’s former tax advisor and auditor; decision was affirmed on appeal.

FALSE ADVERTISING
  • Represented a leading decking manufacturer accused by a customer class in federal court of false advertising and breach of warranty in sale of discoloring decks.
  • Represented a food manufacturer accused of false advertising in a threatened federal class action concerning “all natural” claims and trace amounts of pesticides in agricultural products.
  • Represented a well-known automobile manufacturer in defense of class actions in Massachusetts and Rhode Island alleging false advertising.
  • Represented designer/manufacturer of intimate apparel in purported class action alleging false advertising of its shapewear line of products.
  • Represented a mutual life insurer in multiple class actions in Alabama, New York, and Massachusetts alleging fraudulent sales practices.
  • Representing international beverage producer in federal court class action alleging false labeling and false advertising in sale of beer.

ACCOUNTING
  • Representation of Big Four accounting firm in federal securities fraud class action in one of the first and only securities fraud class actions to reach trial under the revised Securities Litigation Act.
  • Represented national accounting firm as settlement counsel in securities class and related actions and government investigations in state and federal court in Illinois, New York and DC.
  • Represented public company in M&A class action litigation with valuation allegations.
  • Represented Big 4 auditor in securities class action, ERISA action, and related matters in multi-district litigation.
  • Represented Big Four accounting firm in securities class action relating to revenue recognition issues for software bug fixes and updates; settled case in 2015 for lowest settlement amount ever in a federal securities class action.

SECURITIES
  • Obtained dismissal of all claims against national accounting firm in securities class action alleging securities fraud in connection with large REIT’s write down of mortgage derivative assets during credit crisis.
  • Represented several investment advisory firms and executives in MDL involving allegations of securities fraud for “market timing.”
  • Represented corporate officer in securities class action alleging fraudulent statements regarding sales forecast for new product.
  • Represented public company in securities class action and derivative litigation concerning revenue recognition and channel stuffing allegations.
  • Represented public company in federal securities fraud class action; dismissal with prejudice granted on motion to dismiss.
  • Represented public company in federal securities fraud class action and related state and federal court derivative actions.
  • Defended national brokerage firm in securities fraud class action and related FINRA proceedings across the country that we settled as part of a novel, mandatory no opt out “limited funds” settlement.
  • Represented an investment advisor sued in New York federal court by a class of investors alleging breach of fiduciary duty in investment selections.

LABOR & EMPLOYMENT
  • Represented a retailer in California state court in a class action alleging coerced purchase of defendant’s products and failure to provide meal and rest breaks required by state law.
  • Represented employers and investor parent companies in multiple class actions in Indiana and elsewhere alleging failure to comply with federal WARN act.
  • Represented a national restaurant chain in state court accused by a class of employees to have violated the Massachusetts tip statute.
  • Multiple representations of employers such as retailers, hotel chains, restaurant chains, an international investment firm, and manufacturers in wage-and-hour employee class actions and FLSA collective actions, including based on theories of misclassification, failure to pay overtime, timing of payment, missed breaks, and work off-the-clock.

PRODUCT LIABILITY & COMPLEX TORT
  • Represented medical device manufacturer in federal court consumer class action alleging hip implants had excessive failure rate; obtained dismissal.
  • Represented major pharmaceutical manufacturer in state court consumer class action alleging breach of privacy and unfair and deceptive practices in pharmaceutical mailings; defeated national class certification and obtained dismissal of state claims.
  • Represented major plumbing product manufacturer in consumer class action alleging excessive failure rate in water heaters; negotiated successful court-approved settlement.
  • Represented major cigarette manufacturer in consumer and health care payer class actions and aggregated government claims for alleged health consequences of smoking; obtained dismissals and successful settlement.
  • Represented major pharmaceutical manufacturer in class actions alleging birth defects from prescription drug used by pregnant women; defeated class certification and market share liability.
  • Represented major pharmaceutical manufacturer in consumer class actions alleging adverse effects from pediatric vaccines; obtained dismissal.
  • Represented various pharmaceutical and medical device manufacturers in actions in federal multi-district litigation; obtained dismissals and successful settlements.