Experience

Defense of Auto Supply Manufacturer in National Antitrust Class Actions

Defended automotive filters manufacturer in national antitrust class action lawsuits.

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.

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.

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.

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.

Denial for Class Certification

Won denial of a motion for class certification by a consumer against an internet service company for an alleged violation of a state’s right to publicity act.

Dismissal of Class-Action Complaint

Obtained dismissal of a four-count class-action complaint against an internet gaming company in U.S. District Court for the Northern District of Illinois.

Successful Objection to Massive Class Counsel Fee Request

On mega-settlement of antitrust action, obtained a judgment order reducing class counsel’s fee award by eight-figures – notwithstanding our client’s prior written agreement to the higher amount class counsel requested in fees.

Appeal Affirms Dismissal of Class Action at the Outset

Prevailed for our national client on a putative class action at the outset, executing a strategy to moot the named plaintiff’s claims before the expense of class certification and merits proceedings even began. The dismissal with prejudice of plaintiff’s claim was affirmed on appeal.

Defense of Manufacturer in Antitrust and Consumer Fraud Class Actions

Defended international engine manufacturer in U.S. and Canadian antitrust and consumer fraud class action lawsuits.

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.

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.

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 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 Class Certification for Plaintiffs in Large IoT Liability Case Against Automotive Manufacturer

Lead counsel for three certified plaintiffs’ classes with an estimated 400,000 to 500,000 members, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles vulnerable to being hacked in a way that would allow hackers to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition.

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 Putative Class Action Alleging RICO Violations

Represented corporate executives in putative class action cases across the country alleging violations of RICO statute in connection with fintech servicing relationships with banks and non-bank lenders.

Secured Voluntary Dismissal of Consumer Class Action Against Major Clothing Retailer

Secured the voluntary dismissal of a consumer class action filed against a major clothing retailer in the U.S. District Court for the District of New Jersey. The plaintiff alleged that our client’s sales promotions violated New Jersey consumer regulations governing advertisements, potentially exposing our client to liability for millions of dollars in statutory damages. After an appellate decision in another case confirmed the strength of our motion to dismiss arguments, the plaintiff chose to voluntarily dismiss the lawsuit.

Dismissal of Potential Multimillion-Dollar Class Action

Obtained dismissal of a class action suit on appeal against our client over an alleged violation of the Fair Credit Reporting Act (FCRA). The decision helped the client avoid a potential liability of up to $1,000 per violation (i.e., per applicant/employee) over the preceding five years, with total damages projected to be millions.

Defense, Resolution of Class Action Lawsuits under Fair Credit Reporting Act

Successfully defended and resolved a number of class action lawsuits against major corporations brought under the Fair Credit Reporting Act (FCRA) for alleged violations of the provisions of the FCRA applicable to employment background checks.

Dismissal of $1 Billion Class Action Claim

Successfully defended the operator of a commercial website against a putative class action involving alleged interception of an online customer's personal information, including credit card information, and disclosure of that information to third parties without the customer's consent. The plaintiff argued that this information, which was stored in a browser file before being sent to the website, was not yet a communication to website and that the interception and transmission of that information via JavaScript commands was illegal under the Wiretap Act. The court agreed with the website operator's arguments and dismissed the action. Plaintiff's counsel was seeking over $1 billion in damages, making this a significant victory.

Major Victory in Class Action for Low-Income Lender

Secured a major victory in a class action lawsuit for a low-income lender in Nevada and Arizona, which rendered vehicles inoperable if loan payments were not up-to-date.

Obtained Dismissal of Class Action Alleging Various Lending and Consumer Protection Claims

Obtained dismissal of a class action lawsuit filed in Maryland Federal Court making claims under the Federal Electronic Funds Transfer Act, Maryland Consumer Protection Act, Maryland Consumer Loan Law, Maryland Commercial Law regarding unlicensed lending, and Maryland Consumer Debt Collection Act.

Obtained Dismissal of Class Action for Service Provider to Consumer Lender

Obtained dismissal of a class action lawsuit in California Federal Court and compelled arbitration as to the remaining individual claims in a consumer protection action asserting claims under California and federal law.

Favorable Result in FLSA Employee Misclassification Case

Achieved a favorable trial result in the United States District Court for the Western District of Texas on behalf of a client accused of misclassifying a significant portion of its workforce as exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) after several years of litigation.

Partial Summary Judgment in FLSA Misclassification Action

Obtained partial summary judgment on behalf of a client in a Fair Labor Standards Act (FLSA) misclassification collective action, reducing the potential scope of class and the client's potential exposure by over 90%.