Class Action Defense
We have defended and successfully resolved numerous complicated class actions for clients in cases alleging deceptive trade practices and advertising acts, violation of unfair competition and unfair business practices laws, negligence and product liability claims, and other consumer protection statutes. We represent clients in many industries including manufacturing, high tech, banking and financial services, shopping center, retail and consumer goods, healthcare, and construction sectors. Many of the cases we handle involve California Business & Professions Code Section 17200 claims (California’s “Unfair Competition Law”) and the California Consumer Legal Remedies Act, as well as common law claims based on fraud, negligent misrepresentation and failure to disclose, false and deceptive advertising, and product failure.
While there is no one-size-fits-all approach to defending against a class action, based on our extensive experience we have developed a number of successful strategies for defending clients against class claims at all stages of the case. We believe that early case assessment is critical. Thus, our lawyers work with our clients from inception to assess the case and determine the best strategies to pursue given the case’s unique circumstances. This often means that we vigorously defend our clients from the outset of the case. We have been successful at having putative class claims dismissed on motion, before substantive discovery starts, and have also defeated motions for class certification–thereby reducing the potential exposure on a case from many millions of dollars to a negligible amount. At other times, our early case assessment leads our clients to explore settlement. We have been successful in structuring creative settlements of complex class claims–settlements which received the required court approval while also minimizing the economic impact on our clients.