Experience
Successful Resolution of Securities Class Actions
Successful resolution of securities class actions related to proposed acquisition asserting claims of breach of fiduciary duty by target corporation in acquisition.
Y2K Litigation
Served as chief trial counsel for three telecommunications companies in multiple class actions on behalf of 80,000 customers of business phone systems alleging that the products ceased performing as represented after the turn of the millennium.
Dialysis Litigation
Lead counsel for the second largest provider of dialysis services in the country, in putative class action alleging that its dialysate solution caused increased deaths and strokes during and immediately after the procedure. Defeated class certification.
Agent Orange Litigation
Served as chief trial counsel for defendant in class actions alleging personal injuries to 10 million veterans and their families from exposure to dioxin contained in herbicides used to defoliate the jungle during the Vietnam War.
Toyota North American Quality Advisory Panel
Served as chief counsel for the independent advisory panel in response to the Unintended Acceleration Litigation.
Black Lung Litigation
Counsel for a major university and medical center in class action alleging that a radiologist provided false testimony in more than 10,000 black lung cases causing a denial of federal benefits to injured mine workers.
Calling Card Litigation
Served as national defense counsel for a telecommunications company in nationwide calling card class action asserting violations of the Consumer Fraud Acts of New Jersey and multiple other states.
Secured Settlement in Employment Class Action for Aerospace Client
Represented aerospace manufacturer in class action alleging violations to meal period policy. Settlement on the matter was reached on the eve of trial.
Settlement of Employment Class Action Trial for Aerospace Manufacturer
Represented aerospace manufacturer in class action alleging overtime, minimum wage and meal period violations. The matter settled prior to the conclusion of the trial.
Defended National Telephone Provider Against Unfair Trade Claims
Defended through successful resolution of purported class action in Southern District of Florida against national telephone provider for claims of unfair and deceptive trade practices.
Successful Resolution of Class Actions and Administrative Actions Against Lenders and Loan Servicers
Successfully resolved class actions, administrative actions and civil investigative demands brought by attorneys general and other governmental agencies against lenders and loan servicers in a variety of states including Illinois, Maryland, Massachusetts, New York and Washington.
Pro Bono Counsel in Class Action Lawsuit Involving Medical Care for Inmates with Hepatitis C
Served as pro bono co-counsel for class representatives in a class action lawsuit challenging the failure of the Nevada Department of Corrections (NDOC) to provide medical care to inmates with chronic Hepatitis C virus (HCV) consistent with national standards. Pursuant to consent decree, the NDOC will now provide adequate medical care to all inmates with HCV.
Managed Consumer Class Action Lawsuits for Major Men's Retailer
Managed multiple consumer class action lawsuits for major men’s retailer. Obtained a dismissal of one lawsuit, and have motions to dismiss pending on two additional lawsuits.
Successfully Resolved EEOC Class Action
Successfully represented IT services company in class action lawsuit filed by the Equal Employment Opportunity Commission (EEOC).
Represented Mortgage Lender in Class Action and SEC Suit Asserting Securities Law Violations
Represented a mortgage lender in connection with shareholder class action litigation asserting securities law violations for alleged material misrepresentations in registration statements whereby the company allegedly portrayed itself as a conservative mortgage lender but had actually made high-risk loans that were comparable to subprime loans. Also represented the mortgage lender’s CEO in connection with a lawsuit by the SEC asserting securities law violations for alleged material misrepresentations concerning the company’s reserves, liquidity issues and loan characteristics.
Successful Resolution of Telephone Consumer Protection Act (TCPA) Class Action
Secured a less than cost of defense settlement for client that was sued in a putative nationwide class action for alleged extensive intentional violations of the TCPA for advertisements sent to prospective customers by facsimile.
Led Defense Strategy Resulting in Defense Verdict in High-Profile Antitrust Class Action
Represented major, multinational biopharmaceutical company in a massive, high-profile antitrust class action lawsuit in which plaintiffs were seeking in excess of $30 billion in damages. As Global Head of Litigation, led legal defense strategy resulting in a jury defense verdict.
Complete Dismissal of Multimillion-Dollar Proposed Nationwide Class Action against Sealant Manufacturer
Secured significant victory for our client, a sealant manufacturer, in U.S. District Court for the District of Minnesota. Plaintiff alleged products were improperly labeled and asserted violations of state consumer protection statutes, state and federal warranty claims, and unjust enrichment. Plaintiff sought to represent a nationwide class and alleged more than $5 million in damages. On motion to dismiss, the Court dismissed all of the claims and entered judgment.
Compelled Arbitration in Putative Class Action Against Consumer Website
Represented a consumer home services website in U.S. District Court for the Eastern District of Missouri against allegations by the plaintiff, on behalf of a putative Missouri class, of Telephone Consumer Protection Act violations. We successfully compelled arbitration of all claims pursuant to the arbitration provision in the website's terms of use.
Complete Dismissal of Multimillion-Dollar California Class Action for Pet Products Manufacturer
Secured significant victory for our client, a pet products manufacturer, in U.S. District Court for the Northern District of California. Plaintiff alleged products were mislabeled and asserted fraud, warranty, and consumer protection claims; and sought to represent a nationwide class seeking more than $5 million in damages. After initial motions practice and discovery, the Court granted dismissal of all claims.
Summary Judgment on $21+ Million Vexatious Refusal Claim
Secured summary judgment for insurer regarding in a high-stakes insurance coverage/vexatious refusal action arising from a class action. The plaintiff had sought more than $21 million from the insurer client ostensibly for damages incurred litigating and settling an $80+ million consumer class action suit alleging violations of the Uniform Commercial Code.
Significant Victory in Multimillion-Dollar California Class Action for Men’s Retailer
Secured a significant victory for our client, a men’s clothing retailer, in U.S. District Court for the Northern District of California. The plaintiffs alleged that late fees assessed by the retailer violated California consumer fraud laws. After filing and arguing a motion to dismiss, the plaintiff voluntarily withdrew the claims without any monetary payment or any other relief.
Significant Victory in Multimillion-Dollar National Class Action for Men’s Retailer
Secured a significant victory for a men’s clothing retailer on a motion for summary judgment in U.S. District Court for the District of Maryland. The plaintiffs alleged that certain sales promotions were deceptive and sought certification of a California class, potentially exposing our client to hundreds of millions of dollars in damages. The Court dismissed the lawsuit finding that plaintiffs could not establish that the marketing campaign caused them damage. Earlier, the Court had dismissed requests to certify a nationwide class and a Maryland subclass for similar reasons.
Dismissal of Claims in MMPA Class Action
Defended client in consumer class action seeking to recover alleged damages in excess of $5 million. Class asserted products sold by defendant were defective and that the defendant engaged in violations of the Missouri Merchandising Practices Act. Obtained dismissal of plaintiff’s claims.
Won Motion to Dismiss Class Action Lawsuit Against a Multinational Oil and Gas Corporation
Represented a multinational oil and gas corporation and its franchisees in class action litigation alleging violations of consumer protection statutes. Won motion to dismiss in federal court.
Class Action in Large IoT Liability Case for Plaintiff Against Automotive Manufacturer
Serves as lead counsel for three certified plaintiffs’ classes totaling an estimated 400,000 to 500,000, in a case alleging that various 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 hacker to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition. Claims include breach of warranty and violations of various states’ consumer protection statutes.
Dismissal in Consumer Class Action Lawsuit for Sporting Goods Retailer
Secured the dismissal of a consumer protection and class action lawsuit against a major sporting goods and outdoor equipment retailer filed in the U.S. District Court for the Western District of Missouri. The matter specifically involved claims of alleged violation of the Missouri Merchandising Practices Act, unjust enrichment, and violation of consumer protection laws in 21 other states. The plaintiff sought to represent a nationwide class of customers seeking millions of dollars in damages for alleged violations of various states consumer protection statutes. The court granted the client’s motion to dismiss, and the plaintiff did not appeal or seek leave to amend.
Dismissal of Multi-State Unpaid Overtime Class Action Claims
Obtained dismissal of numerous state law class action claims based on lack of standing in a multi-state unpaid overtime lawsuit in the United States District Court for the District of Colorado, resulting in a substantial reduction in the potential size of the class and, accordingly, substantially reducing the company's potential exposure.
Representation in Class Action Involving Biometric Information Privacy Act
Represented corporate client in employment- related class action involving the Illinois Biometric Information Privacy Act.
Representation in Connection with Professional Athletic League and Related Sports Injuries Class Action
Represented companies offering claims services and non-recourse loans to class members against allegations of impropriety by nationwide class counsel in connection with a professional athletic league and related sports injuries class action.
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