dcsimg Class Action

Class Action

The plaintiffs’ bar is increasing its use of complex, multijurisdiction class action litigation as a primary weapon against target companies. For individual plaintiffs, the risks involved in such litigation are relatively low; for defendants in these large-scale cases, the threat can be enormous.

The lawyers of McGuireWoods’ Class Action Litigation practice have the skills, resources and decades of experience necessary to manage and defend these large-scale cases. We understand class action litigation inside and out; in fact, as leaders in this arena, we maintain the highly regarded Class Action Countermeasures blog and one of our lawyers is the author of The Class Action Playbook (Oxford University Press, 2010), a new standard reference for class action defense. BTI recognized McGuireWoods as a Class Action and Tort “Litigation Powerhouse” in the 2013 BTI Litigation Outlook: Changes, Trends and Opportunities for Law Firms survey. Moreover, a number of our team members are listed among the top practitioners in Chambers USA and Best Lawyers in America, and have been profiled in legal and business publications such as Virginia Business, Business North Carolina, Law & Politics and more.

From our offices across the United States and in Europe, we serve as national counsel and first-chair trial lawyers, helping clients conclude high-profile and mission-critical litigation as quickly and favorably as possible. Through our proprietary Early Case Assessment (ECA) process, we provide clients with the information required to determine the most effective course of action, whether through settlement, alternative dispute resolution or, when necessary, in federal district, state lower courts, appellate or supreme courts.

Our document collection and discovery processes are among the most sophisticated and efficient available today. We have made a significant investment in the technology and infrastructure required to manage high-document-volume cases, and maintain two offsite e-discovery facilities that together can accommodate the work of hundreds of reviewers simultaneously. We have developed numerous best practices that have been tested and refined through direct application to client matters, all of which contribute to reduced client costs, improved efficiency and minimal exposure to discovery-related error.

We represent clients and groups of clients from all major economic sectors, including food and agricultural products, pharmaceuticals, financial services and securities, and retail, among others. We have won summary judgment in numerous employment, employee benefits and ERISA class actions; have obtained favorable verdicts in some of the largest mass tort and products liability matters in the United States; and have a strong record of success in shareholder derivative suits and securities class actions, including representation of director and officer defendants, accounting defendants and broker-dealer defendants.

Results 1-20 of 60
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Broker-dealer

Representation of broker-dealer in a class action alleging intentional misrepresentation, breach of fiduciary duty, constructive fraud, violations of certain California statutory provisions, and negligence.
Representative Matter

Major shareholder and former director

Representation of major shareholder and former director of a public company in class action alleging violations of the federal securities laws and common law fraud. Effectively negotiated classwide settlement.
Representative Matter

Petroleum corporation

Representation of petroleum corporation in $100 million securities class action suit alleging violations of Sections 14(a) and 20 (a) of the Securities Exchange Act of 1934 and Maryland fiduciary duty law. Motion to dismiss granted.
Representative Matter

Fortune 100 financial institution

Representation of a major financial institution in shareholder derivative actions alleging breaches of fiduciary duties related to increase in defaults in residential loan portfolio.
Representative Matter

Large energy producer

Representing a large coal-fired power plant in the defense of a class action claim by 1500 surrounding residents for particulate emission involving first-impression issues of preemption of state nuisance law.
Representative Matter

McGuireWoods defends price fixing MDL class action

Defense of polyurethane foam manufacturer in multidistrict (MDL) and class action antitrust litigation stemming from allegations of price-fixing and market allocation. Multinational litigation involving the competition laws of the U.S., Canada and multiple European countries, as well as the EC.
Representative Matter

Multinational industrial conglomerate

Representation of a multinational industrial conglomerate in more than 40 purported securities class actions in the aftermath of a high-level corporate scandal. The multidistrict litigation involved collection and production of more than 80 million pages of documents and 250 fact and expert depositions. Following settlement of the class actions, the firm effectively defended several consolidated opt-out cases seeking more than a billion dollars from the company. These actions were favorably settled after motion to dismiss briefing was concluded.
Representative Matter

A group of underwriters

Representation of a group of underwriters in an action pending in federal court that alleges violations by the underwriters of Sections 11 and 12 of the Securities Act of 1933 and violations by the issuer and others of both the 1933 Act and the Securities Exchange Act of 1934.
Representative Matter

Fortune 200 bank

Currently defending a Fortune 200 bank against class action lawsuit alleging that defendant’s change in terms to customers’ annual percentage rates violated the implied duty of good faith and fair dealing and other common law causes of action.
Representative Matter

Fortune 200 bank

Defended Fortune 200 bank in putative class action alleging violations of the payment allocation provisions of the Credit CARD Act of 2009.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution including more than a dozen class actions across the country arising from the mortgage foreclosure crisis. The firm also represents the institution in related shareholder litigation and state and federal investigations.
Case Study

Win for PFG in California meal-break action receives media coverage

Los Angeles labor and employment attorneys Matthew Kane, Michael Mandel, Sabrina Beldner and Sylvia Kim have won the dismissal of a California meal-break violations class action brought against the Vistar and Roma Food divisions of client Performance Food Group (PFG). On Feb. 8, 2012, the U.S. District Court for the Central District of California granted PFG’s motion to dismiss the plaintiffs’ second amended complaint on the grounds that California’s meal-break laws and all of the plaintiff’s claims based on alleged violations of those laws are preempted by the Federal Aviation Administration Authorization Act (FAAAA), which expressly preempts state laws that have a significant impact on the routes, services or prices of federally-regulated motor carriers.

Case Study

U.S. Supreme Court rules in favor of firm client CompuCredit

In an 8–1 decision, the United States Supreme Court this week ruled in favor of firm client CompuCredit Corporation, upholding the enforceability of a contractual arbitration clause in a credit card agreement. A team of McGuireWoods attorneys served as lead counsel for CompuCredit in the district court and before the U.S. Court of Appeals for the Ninth Circuit, and associated with O’Melveny & Myers and Kirkland & Ellis in Washington, D.C., for the Supreme Court appeal.

Representative Matter

A beverage company

Defended ERISA putative class action brought on behalf of striking employees whose health insurance coverage was terminated when they stopped working.
Representative Matter

Two leading utilities

Representation of two leading utilities in a consumer fraud class action. MW took over the defense of the case after the case had been pending for over seven years. Our clients settled the case without its co-defendant which ultimately settled.
Representative Matter

Fortune 200 bank

Effectively defended a Fortune 200 bank against class action lawsuit alleging violations of the Fair Debt Collection Practices Act concerning notice of change in servicer when two national banks merged.
Representative Matter

National specialty retailer

Represented a leading national specialty retailer in putative class alleging consumer fraud claims related to sale of dietary supplements.
Case Study

Los Angeles and Pittsburgh teams secure win for GNC

In a case profiled in National Law Journal, McGuireWoods defeated a motion for class certification in an action brought against General Nutrition Corporation (GNC) in the U.S. District Court for the Central District of California alleging violations of California Civil Code section 1747.08 (the Song-Beverly Credit Card Act).

The Song-Beverly Credit Card Act (the "Act") was intended to stop businesses from gathering and storing unnecessary personal information from their consumers. The California Legislature passed the Act to address two important privacy concerns. First, corporations were needlessly storing consumer information and using it for their own marketing purposes or selling the information to other marketers. Second, store clerks who obtained customers' personal information engaged in acts of harassment and violence.

Representative Matter

Timber products and services supplier

Defense of nuisance class action in plaintiff-friendly jurisdiction brought by residents alleging environmental contamination.
Case Study

McGuireWoods' summary judgment victory for financial services client in wage and hour/ERISA class action

McGuireWoods' Labor and Employment Department in Los Angeles recently defended one of its financial services industry clients in a wage and hour/ERISA class action regarding several of its employee incentive compensation plans. The ruling by the U.S. District Court for the Southern District of California granted summary judgment in favor of our client on all claims brought by three former financial advisors.

Results 1-20 of 60
Results 1-25 of 73
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Tammy L Adkins Tammy L. Adkins
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 5727
F: +1 312 920 6193
vCard
Steven N Baker Steven N. Baker
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2262
F: +1 704 353 6172
vCard
Kenneth D Bell Kenneth D. Bell
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 373 4620
F: +1 704 373 8836
vCard
Candace Ali Blydenburgh Candace Ali Blydenburgh
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4772
F: +1 804 698 2034
vCard
J. William Boland J. William Boland
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4374
F: +1 804 698 2015
vCard
Michael Bolos Michael F. Bolos
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8883
F: +1 312 920 6156
vCard
Jeff Brown Jeffrey L. Brown
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 2447
F: +1 202 828 3311
vCard
Joshua D Burns Joshua D. Burns
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 641 2082
F: +1 312 698 4511
vCard
Scott S Cairns Scott S. Cairns
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +1 904 798 3223
F: +1 904 798 3261
vCard

T:+44 20 7632 1600
F: +44 20 7632 1638

Phillip Chang Phillip C. Chang
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1725
F: +1 202 828 2995
vCard
Jeffrey J Chapman Jeffrey J. Chapman
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7060
F: +1 212 715 6277
vCard
Michelle M Christian Michelle M. Christian
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1187
F: +1 804 698 2001
vCard
Peter J Covington Peter J. Covington
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2074
F: +1 704 444 8722
vCard
Malcom Cox John-Malcolm McLeod Malcolm Cox
Associate
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5732
F: +1 404 443 5675
vCard
Kristin Davis Kristin A. Davis
Associate
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 980 2230
F: +1 434 980 2271
vCard
Kevin Duddlestein Kevin M. Duddlesten
Partner
816 Congress Avenue
Suite 940
Austin, TX 78701-2442

T: +1 512 617 4516
F: +1 512 617 4586
vCard
Elizabeth Edwards Elizabeth F. Edwards
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4390
F: +1 804 698 2045
vCard
Jason D Evans Jason D. Evans
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2050
F: +1 704 444 8774
vCard
Thomas M Farrell Thomas M. Farrell
Partner
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 713 353 6677
F: +1 832 214 9933
vCard
Howard Feller Howard Feller
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4393
F: +1 804 698 2051
vCard
Ronald G Franklin Ronald G. Franklin
Partner
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 832 214 9942
F: +1 713 571 9652
vCard
Jeremy D Freeman Jeremy D. Freeman
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7008
F: +1 212 715 6269
vCard
Brad A Funari Brad A. Funari
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7988
F: +1 412 667 7976
vCard
A. Brooks Gresham
Partner
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8291
F: +1 310 956 3104
vCard
Steven D Hamilton Steven D. Hamilton
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8232
F: +1 312 698 4526
vCard
Results 1-2 of 2
Legal Alert

Is Watered Down Beer Actionable?

Anheuser-Busch Class Action Lawsuits Argue Brewer Used Sophisticated Manufacturing Process to Dilute Beer and Strengthen Profits

April 12, 2013
Results 1-2 of 2