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 78
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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

Healthcare provider at a women's prison

Representation of a healthcare provider at a women's prison in a putative class action on claim for declaratory/injunctive relief under § 1983 alleging a violation of the Eighth Amendment. Inmate plaintiffs allege that client failed to provide the inmates with a Constitutional level of medical care.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in the defense of a motion for class certification of California and Washington off-the-clock claims for overtime, minimum wages and derivative statutory violations, and currently serving as lead defense counsel in this MDL proceeding that includes over 20 transferred class and collective actions.
Representative Matter

Multinational automaker

Representation of a multinational automaker in the successful defense of a proposed class action alleging that defendant violated various consumer protection laws.
Representative Matter

National speciality retailer

Representation of a national speciality retailer in a series of consumer fraud actions filed against it in connection with their marketing and sale of dietary supplements containing glucosamine and chondroitin sulfate. The judicial panel on multidistrict litigation ultimately transferred these cases for consolidated proceedings. The plaintiffs then filed a consolidated amended complaint, which we moved to dismiss. The judge entered an order dismissing the claims because plaintiffs did not show that all reasonable experts agree that studies on patients with osteoarthritis are a proxy for measuring the effectiveness of glucosamine and chondroitin in non-arthritic users.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in connection with urgent and significant bankruptcy and foreclosure litigation across the country involving our client's role as servicer for consumer mortgage loans. We are one of only a handful of large law firms engaged as national counsel.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in connection with urgent and significant bankruptcy and foreclosure litigation across the country involving the institution's role as servicer for consumer mortgage loans.  
Representative Matter

Fortune 200 bank

Representation of a Fortune 200 bank in the defense of a class action alleging violation of state consumer finance statute and breach of contract based on same violation. Plaintiff alleges that defendant violated Maryland’s Credit Grantor Closed End Credit provisions (“CLEC”) by failing to provide borrowers with the appropriate post-repossession sale notice.
Representative Matter

Fortune 100 financial institution

Representation of Fortune 100 financial institution in a putative class action lawsuit purporting to bring claims for violation of government consent order on foreclosure process issues. Following oral argument, the judge granted a demurrer we filed on behalf of the institution, and dismissed both the third party complaint and a related counterclaim in their entirety, with prejudice.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in a putative class action alleging that the language in the notices of acceleration that client used in Florida failed to comply with the requirements for initiating foreclosures set forth in Florida mortgage statutes. Plaintiff sought to apply this same theory to obtain relief on a class-wide basis under theories of breach of contract and fraud on the court, and for violations of the Florida Consumer Collection Practices Act and Florida Deceptive and Unfair Trade Practices Act. Firm persuaded the court to dismiss all of Plaintiff’s claims with leave to amend on three separate occasions.
Representative Matter

Workforce solutions and services provider company

Representation of a workforce solutions and services provider company in the defense of class action brought by temporary services employee alleging violations of California wage and hour laws. The court granted our client summary judgment on plaintiff’s claim for waiting time penalties under Cal. Lab. Code § 201.3 for late payment of weekly wages on the basis that there is no private right of action for such a claim. The court also held, as we argued, the date of mailing such wages constitutes the date of payment, and not the date of receipt by the employee by mail, as long as the mailing occurs on or before the regular weekly payday.
Representative Matter

A national specialty retailer

Representation of a national specialty retailer in several consumer class actions. Granted a motion to consolidate the matters before the Judicial Panel on Multidistrict Litigation.
Representative Matter

Fortune 200 bank

Representation of a Fortune 200 financial institution in a putative class action regarding whether it violated provisions of New York’s Earned Income Protection Act.
Representative Matter

Healthcare services provider

Representation of a healthcare services provider in a putative class action on behalf of MRI technologists alleging claims for off-the-clock work, meal and rest break violations and incorrect payment of overtime compensation. After gutting plaintiff’s case through a summary judgment motion granted on the bulk of his claims, we negotiated a favorable pennies on the dollar settlement to resolve the remaining claims and bring closure to the legacy wage and hour compliance issues raised by the claims asserted.
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 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.
Results 1-20 of 78
Results 1-25 of 68
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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
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
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
Kevin Duddlestein Kevin M. Duddlesten
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201

T: +1 214 932 6419
F: +1 214 273 7484
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
Cheryl Haas Cheryl L. Haas
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5726
F: +1 404 443 5777
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
David L Hartsell David L. Hartsell
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8898
F: +1 312 920 6766
vCard
Jodie N Herrmann Jodie N. Herrmann
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2329
F: +1 704 444 8785
vCard
Results 1-1 of 1
Speaking Engagement

Antitrust Regulation in Russia

Private litigations

October 13, 2014
Brussels
Belgium
Results 1-1 of 1
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