Class Action

The plaintiffs’ bar is increasing its use of complex, multijurisdictional class action litigation as a primary weapon against target companies. For individual plaintiffs, the risks involved in such litigation are relatively low; however, for defendants in these large-scale cases, the threat can be enormous. According to BTI Consulting, the number of companies facing at least one major class action rose nearly 10 percent from 2014 to 2015. The rise is fueled largely by an increase in regulatory oversight and obligations, and includes suits regarding consumer fraud, product liability and data privacy, among others.

The class action lawyers of McGuireWoods are widely respected for our litigation capabilities and we defend clients from all major economic sectors against class and collective actions. We have a strong record of winning on summary judgment and obtaining favorable verdicts in some of the country’s largest, high-stakes cases. Our experience encompasses an array of industries in all areas of class action litigation in the U.S. and abroad, including antitrust, consumer financial services, consumer products and mass tort,data privacy and security,labor and employment, and securities.

Protecting our clients before an issue arises is a hallmark of our representation. McGuireWoods has spent more than 25 years defending major class actions and complex litigation and, as a result, we deliver the infrastructure and technology to handle the accompanying demands to the benefit of our clients. In our experience, litigation is best managed when the client has the necessary information to arrive at a decision as soon as possible. That’s why we developed an innovative approach to document collection and discovery designed to improve efficiency and reduce discovery-related error.

Our class action team strives to arm clients with useful thought leadership that impacts their businesses. McGuireWoods created and maintains the highly regarded Class Action Countermeasures blog and our lawyers contributed to The Class Action Playbook (Matthew Bender & Company, Inc.) — a valued reference for class action defense.

In addition, independent authorities have recognized McGuireWoods for our litigation prowess and client service. We were among the highest-ranked firms in 2016’s “BTI Litigation Outlook” report, honored as a “Powerhouse” for product liability and complex commercial litigation and as a “Standout” for class actions and torts. BTI also placed us sixth on its 2016 “Client Service A-Team” among a small group of elite firms singled out for excellence.

CONTACTS

Andrew J. Trask Counsel - Not admitted in California; Admitted in Virginia and the District of Columbia T: +1 310 315 8272 Email
Bryan A. Fratkin Partner T: +1 804 775 4352 Email
Bethany Gayle Lukitsch Partner T: +1 804 775 4711 Email
Results 1-16 of 16

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Direct purchaser and indirect purchaser class action antitrust litigation

Defense of one of the largest, multinational polyurethane foam manufacturers in direct purchaser and indirect purchaser class action antitrust litigation stemming from allegations of price-fixing and market allocation in MDL 2196, In re Polyurethane Foam Antitrust Litigation. In addition to representing our client, our firm served as Liaison Counsel for Defendants. While ultimately resolved through settlement, class definitions and putative damages were significantly narrowed as a result of vigorous discovery and motion practice. Our firm’s representation was multinational, involving class actions in several Canadian provinces and criminal investigations in the U.S., Canada and the EC. We also defended the client in over twelve direct “opt-out” or “follow on” actions in the United States and the United Kingdom.
Representative Matter

Successful defense of Fortune 200 financial institution in breach of contract MDL

Representation of a Fortune 200 financial institution in a breach of contract multi-district litigation relating to an interest rate increase on more than 30 million of its credit card accounts. The plaintiffs alleged breach of contract, breach of the implied duty of good faith and fair dealing, unjust enrichment, violations of the Truth in Lending Act (TLA), and more. With cases filed across the country, the matter was consolidated to the Northern District of Georgia. We prevailed on summary judgment on all claims, and the 11th Circuit affirmed on appeal.
Representative Matter

Settled an alleged $225 million fraud class action in duplicitous lawyer's plans to defraud investor

Representation of a financial institution in a class action lawsuit filed by foreign investors related to an alleged $225 million fraud scheme orchestrated by an attorney who allegedly deposited the investment funds into various attorney trust accounts with bank and proceeded to use those funds to pay unrelated premium obligations or to pay out money to other investors and participants in the scheme. Plaintiffs, purporting to represent all 1,000+ investors, alleged that the bank failed to properly investigate the nature of the trust accounts, and failed to properly monitor and investigate the money movement between the accounts. After 18 months of litigation, the case settled on terms favorable for the client.
Representative Matter

Secured precedent setting class certification opinion in 4th Circuit

Representation of a gas company and two co-defendants in the vacating certification of five classes related to coalbed methane (CBM) gas royalty litigation. In its precedent-setting 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.
Representative Matter

Novel consent arguments result in favorable class action settlement brought against auto finance company under TCPA

Favorably settled a putative class action brought under the Telephone Consumer Protection Act alleging that a leading auto finance company failed to obtain prior express consent before making automated calls to the cell phones of the references listed by the borrowers in their loan applications, raising novel issues regarding “consent by intermediary,” i.e., whether the references authorized the borrowers to provide their cell phone numbers.
Representative Matter

Voluntary dismissal of TCPA class action involving “one-click” dialing

Secured the voluntary dismissal of a putative TCPA class action against a market research company after convincing plaintiff’s counsel through informal discovery that the cell phone calls at issue were not placed by an ATDS.
Representative Matter

Representation of a Fortune 100 financial institution in employment class action

Representation of a Fortune 100 financial institution in a financial services employment class action concerning whether background check authorization forms administered to several hundred thousand job applicants complied with the Fair Credit Reporting Act (FCRA). We prevailed on all claims on summary judgment.
Representative Matter

Representation of a large American energy company

Representation of a large American energy company in a putative class action filed by lawyers representing a proposed class of 1,500 residents.  The complaint asserted claims for nuisance, trespass, and negligence based on emissions from an electric power generation facility notwithstanding our client’s compliance with its Clean Air Act permit.  We initially won a motion to dismiss all claims, and after that was reversed on appeal we briefed and won a motion to strike the class allegations.  Ultimately, the plaintiffs withdrew their claims and the client paid nothing, in what amounted to a complete victory.
Representative Matter

Alleged violations of the Securities Act of 1933 dismissed against distributor of REIT shares

Representation of five Real Estate Investment Trusts, several subsidiary companies, and certain directors and officers in consolidated securities class action in federal court in New York. The consolidated complaint alleged violations of Sections 11, 12 and 15 of the Securities Act of 1933, state securities laws, breach of fiduciary duty, unjust enrichment and negligence. Defendants’ Motions to Dismiss were granted and the case was dismissed with prejudice. We prevailed on the appeal to the 4th Circuit.  
Representative Matter

1 % of the initial demand, a bargain for Fortune 500 in settlement of class action and related matters

Defeated class certification in a proposed class action and five related state court cases against our broker-dealer client involving alleged Ponzi scheme investments. The case settled for 1 percent of the initial demand.
Representative Matter

Alleged violations of the Securities Act of 1993 dismissed against distributor of REIT shares

Representation of five Real Estate Investment Trusts, several subsidiary companies, and certain directors and officers in consolidated securities class action in federal court in New York. The consolidated complaint alleged violations of Sections 11, 12 and 15 of the Securities Act of 1933, state securities laws, breach of fiduciary duty, unjust enrichment and negligence. Defendants’ Motions to Dismiss were granted and the case was dismissed with prejudice. The case is currently on appeal to the U.S. Court of Appeals for the Second Circuit.
Representative Matter

Successful resolution of highly publicized food recalls

Nationwide defense of a North American packaged food company against highly publicized food recalls involving more than 600 cases in 30 plus states filed between 2007 and 2009. After consolidating nearly 20,000 individual claims into an MDL, we prevailed on plaintiffs' motion to certify both a personal injury and an economic injury class. Next, we oversaw two trials that resulted in defense verdicts (one of which we tried), obtained summary judgment in hundreds of other claims, won dismissals of an additional several hundred claims and prevailed on every appeal to the 11th Circuit. Building upon this these successes, our client was able to resolve the remainder of claims on satisfactory terms.
Representative Matter

Secured dismissal on motions and merits in a shareholder action on behalf of technology client

Lead hearing and trial counsel for an information technology company in a shareholder action brought by two hedge funds claiming non-payment of more than $100 million in dividends and redemption payments for preferred shares, and seeking monetary relief along with receivership and dissolution of company.
Representative Matter

Favorable settlement of TCPA claims and dismissal of email claims against software company

Favorably resolved a putative nationwide class action against a software company alleging that the company’s telemarketing and email marketing practices violated the TCPA and the Illinois E-Mail Act. The court granted a motion to dismiss the email claims based on federal preemption and the parties reached a class-wide settlement on the TCPA claims well below the client’s potential exposure.
Representative Matter

A large international bank headquartered in Canada

Representation of a large international bank headquartered in Canada in the dismissal of fraud claims arising out of the Enron scandal against plaintiffs that had opted out of the Enron class action and had previously settled with several others, leaving our client as the only remaining defendant.
Representative Matter

Laws of the homeland apply to Cypriot company in triple derivative action brought by shareholder

Representation of a Cypriot company and its subsidiaries in a shareholder triple derivative action brought by a Russian shareholder who claimed that various defendants improperly diverted corporate funds. The court applied the law of Cyprus in determining that Cyprus does not recognize shareholder derivative actions and the matter should be dismissed as a result.
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Results 1-25 of 113
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Kenneth W Abrams Kenneth W. Abrams
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 4771
F: +1 757 640 3950
vCard
Tammy L Adkins Tammy L. Adkins
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
Email
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
Email
T: +1 312 849 8286
F: +1 312 698 4595
vCard
R. R. Locke Beatty R. Locke Beatty
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
Email
T: +1 704 343 2244
F: +1 704 353 6160
vCard
Richard C Beaulieu Richard C. Beaulieu
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 1138
F: +1 804 225 5402
vCard
Kenneth D Bell Kenneth D. Bell
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
Email
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
Email
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
Email
T: +1 804 775 4374
F: +1 804 698 2015
vCard
Ginnie Bondurant S. Virginia Bondurant
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 1414
F: +1 804 698 2192
vCard
Jeff Brown Jeffrey L. Brown
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040
Email
T: +1 202 857 2447
F: +1 202 828 3311
vCard
Scott S Cairns Scott S. Cairns
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661
Email
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
Email
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
Email
T: +1 212 548 7060
F: +1 212 715 6277
vCard
Tennille J Checkovich Tennille J. Checkovich
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 4758
F: +1 804 440 7770
vCard
Meghan M Cloud Meghan Cloud
Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288
Email
T: +1 434 977 2534
F: +1 434 980 2254
vCard
Laura E Coombe Laura E. Coombe
Associate
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501
Email
T: +1 310 315 8274
F: +1 310 315 8210
vCard
Peter J Covington Peter J. Covington
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146
Email
T: +1 704 343 2074
F: +1 704 444 8722
vCard
Richard J Cromwell Richard J. Cromwell
Partner
World Trade Center
101 West Main Street
Suite 9000
Norfolk, VA 23510-1655
Email
T: +1 757 640 3775
F: +1 757 640 3955
vCard
Richard Cullen Richard Cullen
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916
Email
T: +1 804 775 1009
F: +1 804 698 2035
vCard
K. Issac deVyver
Partner
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142
Email
T: +1 412 667 7988
F: +1 412 667 7976
vCard
Joan S Dinsmore Joan S. Dinsmore
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601
Email
T: +1 919 755 6693
F: +1 919 755 6592
vCard
R. Patrick Dover R. Patrick Dover
Associate
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661
Email
T: +1 904 798 3235
F: +1 904 360 6329
vCard
Kevin Duddlestein Kevin M. Duddlesten
Partner
2000 McKinney Avenue
Suite 1400
Dallas, TX 75201
Email
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
Email
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
Email
T: +1 704 343 2050
F: +1 704 444 8774
vCard
Results 1-19 of 19
Speaking Engagement

Bridgeport’s Class Action Litigation Conference 2016

April 15, 2016
Hollywood, CA
Speaking Engagement

Antitrust Law & Economics Institute for Judges

October 18-21, 2015
Arlington, VA
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 1-19 of 19
Results 1-20 of 33
Show All
Legal Alert

Class Decertification: Delayed Gratification or Justice Denied?

Class Action Countermeasures
August 19, 2016
Legal Alert

In On the Act: First Antitrust Class Action Launched in the UK

Class Action Countermeasures
June 27, 2016
Legal Alert

Justice Scalia’s Death Could Affect Outcomes in Class Action Cases

Subject to Inquiry
February 19, 2016
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
Results 1-20 of 33