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Class Action

The cost of defending any type of lawsuit can place a financial strain on a company, but the expenses tied to class actions can be astronomical. A 2015 study reported that class actions comprise the fourth largest segment of the $20 billion market for litigation services in the United States. Class action spending is expected to continue rising due to the complexity of these matters, higher risk levels, and a greater number of cases being filed.

In addition to the financial burden, class actions can disrupt a company’s business operations and cause disastrous harm to its reputation. That’s why it is important to hire lawyers who have proven their ability to successfully defend clients against these complex actions while at the same time keeping expenses under control.

Armstrong Teasdale’s Class Action practice group members have the breadth of experience and knowledge to effectively – and efficiently – defend companies in class action litigation. The firm has successfully defended numerous national and statewide class actions in state and federal courts. Success is achieved in different ways, including through defeat of class certification, securing dismissal of the claims, or negotiating favorable settlements. Our lawyers excel at handling all aspects of class action defense – from initial analysis and investigation to pleading challenges, pre-emptive motions to strike, discovery, and trial and/or appeal, when necessary.

Our seasoned litigators are experienced in substantive fields that touch on a gamut of industries such as agribusiness, construction, energy, environmental, financial services, higher education, insurance, manufacturing, real estate, retailing, telecommunications, and transportation.

Our key practice areas include the following:

Consumer Fraud
Our team defends clients against a broad range of consumer class actions arising out of allegations of unfair, unlawful or fraudulent business practices, or false or deceptive advertising or labeling. Our lawyers have experience defending class action claims premised on federal statutes and regulations as well as state consumer protection statutes, such as the Missouri Merchandising Practices Act (MMPA). We have also successfully assisted clients responding to consumer-focused actions and investigations brought by state attorneys general, district attorneys, and other governmental agencies. We are also experienced in defending duplicative, overlapping class actions filed in multiple jurisdictions, often in both state and federal courts.

Employment Discrimination
Our employment lawyers routinely defend clients in state and federal class actions alleging systemic and disparate impact employment discrimination. Our experience includes successfully defending both class actions asserted directly by employees and also class actions asserted by administrative agencies such as the EEOC.

Fair Credit Reporting Act
Our team defends employers and consumer reporting agencies in putative class actions under the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. For employers, claims frequently involve allegedly defective pre-report disclosures to employment applicants and pre-adverse action notice processes when an applicant is rejected due to disqualifying background check (consumer report) information. For consumer reporting agencies, claims generally involve an attack on procedures used to ensure accuracy of the background check information provided. Among other things, our firm has significant experience in attacking plaintiffs’ standing in state or federal court to proceed with these claims as well as in strategies to transform such claims into individual arbitrations instead of class action proceedings in court.

Insurance
Our team has successfully advised and defended insurers in class actions involving a broad array of claims against carriers. We have deep insurance coverage experience with policy construction, which is a frequent focus in insurance class actions. In this area, we provide advice about both putative class claims directed at carriers and coverage issues that might arise with respect to class claims. Our attorneys also have experience with the more recent form of class actions addressing carriers’ handling of consumers’ personal information. Teaming with our privacy and data security attorneys, we can also successfully address putative class claims based on data carriers’ breaches.

The Internet of Things (IoT)
The universe of connected devices is growing exponentially, and with it comes new problems and new disputes, many of which push the frontiers of product liability law, privacy law, various regulatory systems and cutting-edge cybersecurity. Our team is lead counsel in one of the largest and most complex IoT cases in the country, involving allegations that 1.4 million cars and trucks suffer from a series of cybersecurity defects that render the vehicles susceptible to being hacked in a way that would allow the attacker to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition. Drawing on the knowledge of Armstrong Teasdale’s preeminent patent practice and two attorneys who are also certified ethical hackers, our team is uniquely qualified to handle large class actions in this emerging field.

Securities
The class action team represents and advises corporations and their officers and directors, as well as outside professionals, who have been sued in securities class action lawsuits. These claims often concern alleged violations of federal securities laws and/or breaches of fiduciary duty and are frequently filed in connection with mergers and acquisitions. The firm’s lawyers, who include the former Missouri Commissioner of Securities, a former U.S. Attorney for the Southern District of Illinois, a former Chief Judge of the Missouri Supreme Court, have extensive experience dealing with federal and state securities laws, including those covering registration and reporting requirements, corporate governance, insider trading and option matters.

Wage and Hour
Our wage and hour team regularly defends clients in class and collective actions for unpaid wages under the Fair Labor Standards Act and similar state laws. Our attorneys have extensive experience advising clients about risk, devising successful defense strategies, and winning these cases in state and federal courts nationwide.

REPRESENTATIVE MATTERS/INDUSTRIES

  • Advertising
  • Antitrust Price Fixing Class Actions
  • Auto Dealer Sales Practices
  • Consumer Fraud
  • Deceptive Practices
  • Employment Discrimination
  • ERISA and Pension
  • Fair Credit Reporting Act
  • Fair Labor Standards Act
  • Finance Industry Charges
  • Franchisee Claims
  • Insurance and Insurance Sales Practices
  • Pharmaceutical Product Pricing Cases
  • Products Liability 
  • Real Estate Brokers
  • RICO
  • Shareholder Class Actions and Derivative Actions
  • Telecommunications Charges
  • Telephone Directory Publisher
  • Telephone Fair Credit Act
  • Wage and Hour Class Actions

Questions? Contact one of our Class Action attorneys.

 

Representative Experience