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 class action lawyers of McGuireWoods have the skills, resources and decades of experience necessary to manage and defend these large-scale cases. We represent clients and groups of clients from all major economic sectors, and have a strong record of winning summary judgment and obtaining favorable verdicts in some of the largest, high stakes class actions. We have experience in all areas of class litigation including:

We understand class action litigation inside and out and as leaders in this arena, we maintain the highly regarded Class Action Countermeasures blog. Among 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.

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.

CONTACTS

Andrew J. Trask Counsel T: +44 20 7632 1600
Bryan A. Fratkin Partner T: +1 804 775 4352
Results 1-20 of 57
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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

Coal mining company

Representation of a coal mining company in a class action on behalf of all electric rate payers in an energy cooperative claiming that increased rates resulted from the client’s alleged breach of coal supply agreements. The court granted the motion to dismiss with prejudice, holding that the plaintiff had no legally cognizable interest in the contract between our client and the energy cooperative.
Representative Matter

Secured precedent setting class certification opinion in 4th Circuit

EQT Production Co. v. Adair, 764 F.3d 347 (4th Cir. 2014). Obtained favorable appellate ruling for our gas company client and two co-defendants vacating certification of five classes related to coalbed methane (CBM) gas royalty litigation. In its opinion, the court analyzed Rule 23 requirements and definitively placed the burden first on plaintiffs to meet those requirements and then on the district court to analyze them robustly. In this precedent-setting opinion, the court focused on the ascertainability and commonality prongs of Rule 23 analysis.
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.
Representative Matter

Major carrier of liquid chemicals

Represented a chemical tanker company in a class arbitration in which the U.S. Supreme Court ruled in favor of our client on whether it is consistent with the Federal Arbitration Act (FAA) to impose class arbitration where an arbitration clause is silent on class treatment.
Representative Matter

Defended client in criminal investigation and civil cases alleging global collusion

Representation of a carrier of liquid chemicals in parcel tanker vessels in international cartel investigation and related treble damage actions alleging price fixing and bid rigging.
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

Restaurant

Successfully represented prominent restaurant with multiple locations in New York City in a FLSA/New York state wage and hour matter.
Representative Matter

Represented a Fortune 100 financial institution in a putative class action

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

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 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

Secured Ruling in Issue of First Impression that New York Banking Law Does Not Imply a Private Right of Action

Cruz v. T.D. Bank, N.A., 22 N.Y.3d 61 (N.Y. 2013); Cruz v. T.D. Bank, N.A., 742 F.3d 520 (2d Cir. 2013); Martinez v. Capital One Bank, N.A., 863 F.Supp.2d 256 (S.D.N.Y. 2012). Represented a Fortune 200 national bank defending against a putative class action brought under New York’s Exempt Income Protection Act (EIPA) and common law for damages incurred as a result of the bank’s allegedly unlawful garnishment of the plaintiffs’ funds. After winning a ruling in the district court that EIPA does not provide a private right of action against banks, the plaintiffs appealed to the Second Circuit. The Second Circuit certified the question, an issue of first impression, to the New York Court of Appeals. The New York Court of Appeals agreed with our client that EIPA creates no general private right 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

Defended client against price fixing MDL class actions and criminal investigation

Representation of a large maker of towels, tissues, napkins, and other paper products in over 40 civil class action antitrust suits alleging price fixing in the commercial tissue products market.  Our client was one of eight defendants.  The federal "direct purchaser" suits were consolidated into an MDL proceeding in Florida.  There also were related state indirect purchaser suits filed in California, Tennessee, Wisconsin and Minnesota.
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

Delaware state-chartered bank

Effectively defended bank against class action alleging that bank’s credit card solicitations did not contain a “firm offer of credit” and therefore violated the Fair Credit Reporting Act.  Case dismissed on Rule 12(b)(6) motion.
Representative Matter

Consumer electronics retailer

Defeated motion to certify a putative class of independent music retailers asserting price discrimination claims under the Robinson-Patman Act as well as below-cost pricing claims under California law.  
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

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

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.
Results 1-20 of 57
Results 1-25 of 67
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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
Helen Arnold Helen D. Arnold
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8286
F: +1 312 698 4595
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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4772
F: +1 804 698 2034
vCard
J. William Boland J. William Boland
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4374
F: +1 804 698 2015
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

T: +1 904 798 3223
F: +1 904 798 3261
vCard
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
Joan S Dinsmore Joan S. Dinsmore
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6693
F: +1 919 755 6592
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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
Brian Fahy Brian D. Fahy
Associate
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8232
F: +1 310 956 3131
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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
Rachael Freyman Rachel J. Freyman
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8124
F: +1 312 920 6122
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
Partner
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
Results 1-17 of 17
Speaking Engagement

Duke Law Class-Action Settlement Conference

23(c)(4) Issues Classes

July 23-24, 2015
Washington, DC
Speaking Engagement

Best Practices for Issue Certification

May 26, 2015
Speaking Engagement

Testimony before the Subcommittee on the Constitution and Civil Justice of the Committee on the Judiciary

The Distorting Effects of No-Injury Class Actions

April 29, 2015
Speaking Engagement

Antitrust Regulation in Russia

Private litigations

October 13, 2014
Brussels
Speaking Engagement

Challenges Facing the Food and Beverage Industries in Complex Consumer Litigations

Tuesday, April 8, 2014
Chicago, IL
Speaking Engagement

Food Labeling Class Actions: The Latest Damages Boon?

Navigating the Challenges of Class Certification, Preemption and Standing

October 1, 2013
Strafford CLE Webinar
Event

U.S. Supreme Court Review and Preview

September 5, 2013
Live and simulcast as webinar
Speaking Engagement

Defense Strategies for McReynolds & Damasco

October 5, 2012
Speaking Engagement

Washington Legal Foundation Legal Briefing Series

Wal-Mart v. Dukes: The Supreme Court Examines How and When to Certify a Class Action

March 22, 2011
Speaking Engagement

Washington Legal Foundation Webcast

Legal PR, Trial Lawyers’ Style: How They Seek Advantage Outside of Court and Proactive Countermeasures for Defendants

September 17, 2010
Results 1-17 of 17
Results 1-20 of 26
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Legal Alert

The FTC Strikes Back: LifeLock, Inc. Agrees to $100 Million Payout

Password Protected
December 22, 2015
Legal Alert

An Austrian Class Action Lawsuit Filed Against Facebook

Password Protected
December 1, 2015
Legal Alert

Vizio and Google Data Privacy Class Actions

Password Protected
November 30, 2015
Article

Analyzing the Suit Over Georgia Voters' Personal Data Leak

Fulton County Daily Report
November 20, 2015
Publication

Class Actions: A Look at Past, Present, and Future Trends

Inside the Minds Series - Recent Trends in Class Action Lawsuits: Leading Lawyers on Overcoming Challenges in the Certification Process and Analyzing the Impact of Supreme Court Decisions
2015
Results 1-20 of 26