The globalization of business and the ability of plaintiffs to select different jurisdictions means class actions and collective redress are now a global phenomenon, giving rise to the need for a seamless domestic and international approach. This once predominantly US issue is now a complex global concern encompassing countries throughout the world with their own systems of group and collective redress.
Consistently recognized as a leading law firm in the area of litigation and dispute resolution by all major legal directories, our global class actions team draws on decades of proven experience to deliver cost-effective solutions across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia. Our integrated team of lawyers covers the entire range of industries and sectors.
Members of our team partner with in-house counsel to develop custom litigation strategies for each matter. We are experienced in handling multi-district litigation (“MDL”) proceedings, coordinating parallel state and federal class action cases, and orchestrating a national strategy for our clients. We assist clients through each phase of class action litigation, including initial motions to dismiss, limiting discovery, contesting class certification, trial and appeal.
- experience in the full range of international litigation and dispute resolution mechanisms
- the ability to transfer knowledge and provide cross-border support throughout our global network of offices
- tailored advice based on our detailed understanding of the industries in which our clients operate
- litigators and service support personnel who are at the forefront in developing cost-efficient solutions, including state-of-the-art budgeting software to keep clients informed of costs and procedures and facilitate resource allocation to stay within budget guidelines
- thoughtful creativity to simplify and streamline our processes, leveraging efficiency resources to assist with legal project and case management to provide timely information and transparency regarding client matters
- advanced technology and methodologies to help our clients respond to the evolving legal requirements and demands of e-discovery, data privacy and cross-border data transfers
- cost-effective solutions and value adds for more efficiencies including knowledge databases with reusable litigation documents, secured extranets and collaborative sites
Our areas of work include
Our global class actions team has represented clients across the nation in class action cases in both state and federal courts, handling hundreds of class actions and MDL matters in antitrust, banking, consumer products, energy, environmental, franchise, healthcare, insurance, international and human rights, labor and employment, mass tort and catastrophic litigation, oil and gas, pharmaceutical and medical devices, product liability, securities litigation and enforcement, and toxic tort and environmental litigation. Our class action litigation experience includes:
- removal to federal court under CAFA
- coordinating multidistrict (MDL) litigation
- pre-certification hearing discovery
- class certification hearings
- interlocutory appeals of certification rulings
- trying class actions on the merits
- obtaining court approval of settlement classes
- administering class action settlements
- serving as global, national and regional counsel and discovery counsel
Our recent class action work includes:
- involved in class actions and collective redress in a broad range of jurisdictions including the UK, Canada, France, the Netherlands, Austria, Australia and Hong Kong
- defended on behalf of all twelve defendants the largest group action attempted in the UK in the investment sector
- defeated a motion for class certification in Kansas state court seeking a nationwide class of royalty and working interest owners alleging that natural gas pipelines had systematically under measured gas
- defended numerous oil and gas producers in class actions brought by royalty owners alleging underpayment of royalties because of alleged excessive post-production cost deductions and alleged below-market pricing in sales to affiliates
- defended numerous collective actions under the FLSA and related class actions for alleged wage and hour violations, including overtime compensation cases and misclassification cases, defeating certification in many cases, settled some of the cases, and successfully tried others in jury trials.
- defended a title insurance company in 75 related antitrust class actions (consolidated into 12 consolidated actions) filed across the country that resulted in multiple dismissals for our client. The cases had potential implications for all insurance companies and for all regulated industries. The dismissals were based on the filed rate doctrine, the state action doctrine, the McCarran-Ferguson Act, and Twombly.
- represented several major oil company defendants in consolidated cases alleging underpayment of oil royalties and working interests and seeking certification as a nationwide class action with more than one million class members. The Court approved settlement class over objections.
- represented 70 defendants in one of the nation’s largest waste site class action suits, involving several thousand plaintiffs whose residences were in the vicinity of a Texas waste site. Through complex negotiations, we delivered a settlement with nearly all of the class members.
- represented a major technology company in a class action arising out of allegedly defective disk drive controllers. The court approved a high-profile nation-wide class action settlement.
- represented a major retailer in a collective action under the Fair Labor Standards Act, with approximately 15 “copycat” cases in state courts around the country. All of the cases alleged that various assistant managers in retail stores were misclassified as exempt employees and were therefore entitled to overtime pay. The initial case was tried to a jury in federal district court in Newark, New Jersey over a six-week period. After the verdict, all the cases were settled on terms favorable to the client.
- represented an insurance association in a class action for coverage of unsealed roofing shingles for Hurricane Ike claims. We also served as trial counsel in the related enforcement proceeding before the State Office of Administrative Hearings. The case was settled on an individual basis after a favorable decision by SOAH.
- represented an insurer against a putative class of life insurance policyholders claiming that the insurer collected premiums for periods when coverage was not in effect. This case has been settled.
- served as one of three national counsel firms for an international pharmaceutical company in mass tort cases brought by hemophilia patients who allegedly contracted HIV and other blood borne diseases from human plasma derivatives. Plaintiffs’ cases alleged failure to warn, design defect and negligence causes of action. Our successful representation included the defeat of a personal injury class action, defense victories at all seven cases that we tried, and a favorable settlement program.
- defeated class certification following a multi-day evidentiary hearing on a motion to certify a class of 1,000 plus investors alleging that a financial institution aided and abetted a fraudulent scheme.
- obtained the dismissal for the largest provider of natural gas and electricity in Texas of the consolidated state court class action filed to challenge client's record-setting $45 billion going private transaction, which was the largest going private transaction in history. The remaining actions were resolved with no payments by our clients.