Class Action Defense

Companies facing the threat of a class action turn to us to navigate the process and secure the best result.  That’s no surprise given that we have handled over 60 threatened or filed class actions and are recognized by our peers as leaders in the field.  We also regularly present to both in-house counsel and other class action lawyers on the latest developments in class action law.  

We have defended class actions touching a variety of industries and subject matters, as indicated by our list of representative matters below.  We have also litigated class actions in both California and in federal courts throughout the country.

We have had success in all phases of class actions:  resolving threatened class actions before they are ever filed, obtaining dismissals at the pleading stage, compelling a case to arbitration, defeating class certification, winning motions for summary judgment, and negotiating very favorable settlements in tough cases. 

The strategy we pursue in response to an actual or threatened class action is informed by far more than legal considerations.  Before choosing which path to pursue, first we learn our clients’ business objectives.  We return to those all-important business goals as the case progresses, which inform the strategic decisions we make.  After all, what we want is to get you the “win” you want as quickly as possible.   

A handful of class actions our attorneys have handled are listed below:

  • Represented one of the country’s largest supplement companies and its affiliates in a putative class action alleging false advertising in connection with an L-Arginine supplement.  After discovery and briefing, we secured summary judgment on behalf of clients.

  • Represented manufacturer and retailers in a putative class action in which plaintiff alleged that a moisturizer was falsely advertised because the advertised pH balance was false.  We developed a strategy which involved a killer cross examination of the lead plaintiff at her deposition.  After the deposition, plaintiff filed a motion for class certification, which we opposed using her deposition testimony.  Plaintiff voluntarily dismissed the case instead of filing a reply brief in support of certification.

  • Represented major technology company in a putative class action alleging a violation of the Song Beverly Credit Card Act in connection with a credit card purchase at our client’s brick-and-mortar store.  After a period of discovery, plaintiff filed a motion for class certification, which we defeated.  The matter settled on an individual basis thereafter.

  • Defended national supermarket chain in a putative class action in which our client, together with other retailers, were accused of violating the federal RICO statute.  The parties filed a combined motion to dismiss, and our attorneys took the laboring oar on several dispositive sections, including the one on which the court relied in dismissing the claims against our client with prejudice. 

  • In a Song Beverly Credit Card Act class action filed against another client, the plaintiff claimed that certain requested personally identifiable information (PII) was unnecessary to the transaction, thereby triggering a violation of the Act.  After extensive briefing, the court granted our motion to compel arbitration.  The matter settled on an individual basis thereafter.

  • Represented an exercise supplement company alleged to have falsely advertised the benefits of its pre-work out and post-work out supplements in three different putative class actions.  Substituted into the case on behalf of existing counsel and promptly resolved all three matters on an individual basis.

  • Represented a financial services client in a lawsuit where Plaintiff claimed that the client had defrauded class members and violated both the CLRA and Cal. Civ. Code § 1632 when it failed to provide them with a Spanish translation of the contract for the purchase of a vehicle even though the negotiation was conducted primarily in Spanish. As a result, he inadvertently purchased GAP insurance he did not want.  We took a quick deposition of the plaintiff and developed various defenses prior to mediation.  The case then settled on an individual basis. 

  • Represented a food services client in a putative FCRA action in which the plaintiff alleged that he received a credit card receipt that had the expiration date of his card printed on it.  Negotiated an early, favorable settlement soon after litigation commenced.

  • Have represented clients in threatened and filed TCPA class actions. Have settled all matters favorably, on an individual basis, before any true litigation commenced.

  • Represented a foreign client who received a CLRA letter alleging that their coconut eye cream was falsely advertised because it contained inappropriate drug/health claims.  Responded on its behalf by pointing out that the label claims were cosmetic in nature and, therefore, appropriate.  The putative plaintiff dropped the matter without filing suit.

  • Have represented clients in threatened and filed class actions alleging a violation of the California slack-fill statute.  

  • Defeated class certification in federal court on behalf of multinational retailer regarding defective grill sold in its stores.