Companies targeted with class action litigation face potentially irreparable damage to their reputations, market positions, and bottom line. With an unrivaled track record of defeating cases at the early pleadings stage, we develop strategic approaches to help a broad array of clients defeat significant class actions and protect their brands.
As experienced trial lawyers, we combine formidable courtroom talent, rigorous investigative skills, and a creative legal approach. During the early stages of litigation, we focus on challenging each plaintiff’s pleadings and pursuing offensive discovery to defeat class certification. In the event the class is certified, we have a strong record of success resolving cases through summary judgment and negotiating highly favorable settlements for our clients.
Secured denial of class certification for Peloton Interactive Inc. After Peloton refused to pay $10 million in arbitration fees for 2,700 individual arbitrations, plaintiffs’ counsel initiated a federal class action with three named plaintiffs alleging violations of consumer protection laws. During discovery, we successfully compelled depositions of unnamed class members, rare in class action cases. And we also served aggressive discovery on the named plaintiffs that caused: (1) one named plaintiff to withdraw before his deposition; (2) another named plaintiff to be dismissed for lack of standing; and (3) the remaining named plaintiff to admit to falsely impersonating a lawyer in communications with Peloton and then arguably perjuring himself at his deposition. The Court later denied class certification based on these discovery wins. (See “Discovery of Absent Class Members Prior to Class Certification,” The New York Law Journal).
Won a complete dismissal of a securities class action against PwC. (Nasseri, et al. v. PwC et al.) Secured a complete dismissal of a putative class action lawsuit against PwC in relation to audit work performed for a publicly traded company that is one of the largest diversified construction and construction materials companies in the United States. The case related to the company’s forecasting of multi-billion dollar “heavy civil” construction projects that were written down following an internal investigation, which also resulted in the company stating that certain financial statements and disclosures filed with the SEC should not be relied upon.
Obtained a favorable settlement that did not require Tesla to make any payment. In U.S. ex rel. Lesnik, et al. v. Tesla, et al., represented Tesla in a putative class action and qui tam action alleging violations of federal False Claims Act, RICO, federal and California wage-and-hour and human trafficking statutes. Successfully moved to dismiss most claims with prejudice and negotiated extremely favorable settlement for Tesla.
Won a dismissal of a putative class action against Allergan subsidiary Zeltiq Aesthetics (Otero v. Zeltiq Aesthetics), alleging that customers of the company’s high-profile CoolSculpting fat-freezing system were deceived by marketing materials that described the medical device as having been “cleared” but not “approved” by the U.S. Food and Drug Administration. (See “Allergan’s Fat-Freezing Unit Freed From False Ad Claims,” Law360).
Won a dismissal of a putative national antitrust class action on behalf of a prominent restaurant group and its owner (Brown v. USHG et al.), alleging a price-fixing conspiracy amongst the owners of numerous high-profile restaurants. (See “Big Apple Eateries Freed From No-Tip Conspiracy Case,” Law360).
Successfully moved for reconsideration of class certification in Spears v. First American eAppraiseIT. Substituted in to represent First American eAppraiseIT after a national class was certified with alleged damages exceeding $150 million. After successfully moving to reconsider class certification, obtained a settlement for less than $10 million.
Successfully defended Amgen in a multibillion-dollar national securities fraud class action alleging misstatements and omissions related to several of Amgen’s most important drugs. Amgen retained us after the case was remanded by the Supreme Court of the United States. After successful motions practice, we obtained a highly favorable settlement on the securities class action. We also successfully moved to dismiss multiple shareholder derivative actions in state and federal courts to finally resolve the decade-old case.
Secured an extremely favorable settlement in nationwide employment class action following multiple arbitration trial phases. Represented a national quick service restaurant chain, and subsidiary of Fortune 500 company Yum! Brands, in one of the largest-ever FLSA wage and hour collective actions, involving hundreds of restaurants located throughout the country. After replacing prior counsel, handled multiple arbitration trial phases, leading to an extremely favorable settlement.
Defeated class certification for international restaurant chain in a putative consolidated federal court wage and hour class action.
Obtained a highly favorable settlement for Linkedin (Lea v. LinkedIn). Represented LinkedIn in a putative consumer class action alleging violations of California’s common law right of publicity and California’s Unfair Competition Law based on use of members’ names and pictures in emails to other members. After motions practice, obtained a highly favorable settlement.
Recovered more than $60 million for Lionsgate and Starz in consolidated action against seven insurers to recover payments, fees and costs incurred in connection with the defense and settlement of a class action shareholder lawsuit arising from Lionsgate’s $4.4 billion acquisition of Starz.
Won a dismissal of a putative class action brought against Umeken, a leading health and dietary supplement company, alleging claims of false advertising, misbranding, and RICO, as well as violations of the Federal Food, Drug, and Cosmetic Act. (Shin v. Umeken USA et al.)
Disposal of a multimillion-dollar consumer class action case for Waste Management prior to filing of class certification briefing for a nominal $10,000 settlement.
Obtained voluntary dismissal of a putative class action alleging violations of California’s Automatic Renewal Law on behalf of Caskers, a leading e-commerce company focusing on the curation and sale of craft spirits. (Lopez v. Caskers LLC)
Representing Ring LLC in class action lawsuits alleging that Ring failed to prevent hacking of Ring devices. (In Re: Ring LLC Privacy Litigation)
Representing CoreLogic Credco, LLC in a consumer class action lawsuit alleging violations of federal and state credit reporting laws. (Fernandez v. CoreLogic)
Defending PacifiCorp against claims arising out of the major wildfires throughout Oregon and Northern California that ignited over Labor Day weekend in September 2020, including a putative class action involving more than 2500 putative class members.