Experience

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.

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.

Representation of Payment Processing Service Provider in Litigation Alleging Consumer Protection Violations

Represented a major payment processing service provider in connection with class action litigation involving alleged violations of consumer protection statutes.

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.

Represented Condo Builder in Lawsuit Seeking Rescission of Purchase and Investment Contracts

Represented a condominium builder in connection with class action litigation seeking rescission of purchase and investment contracts for hotel condominium units on the basis that the builder had failed to register the units as securities in violation of Section 12(a) of the Securities Act.

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%.

Obtained Dismissal in National Class Action

Obtained dismissal of a national class action lawsuit filed in New Jersey Federal Court making claims under the Fair Debt Collection Practices Act.

Represented PE Firm in Connection with Class Action Litigation

Represented a private equity firm in connection with shareholder class action litigation alleging a conspiracy to fix prices in club leveraged buyout deals in violation of the Sherman Act.

Obtained Dismissal of Consumer Class Action for Retailer in Illinois

Obtained a dismissal of putative consumer class action alleging deceptive advertising in U.S. District Court for the Northern District of Illinois. The Court granted the client’s motion to dismiss, and when the plaintiff sought appellate review, the Seventh Circuit unanimously affirmed.

Summary Judgment, Dismissal of ‘Bet the Business’ Class Action Claims

Achieved motion for summary judgment and a dismissal of plaintiffs’ claims with prejudice in a “bet the business” class action brought by representatives of 200 former employees of a client in St. Louis County Circuit Court. The former employees sought sales commissions allegedly due and owing and millions of dollars in statutory penalties.

Win at Trial and Then Appeal in Putative Class Coverage Suit

Successfully fended off class certification in the trial court, forcing a de minimis judgment on the individual claim, and then secured an appellate win in the appeal from the same. The suit involved policy construction and ambiguity claims, with the appellate court ruling against application of the contra proferentem doctrine in light of our policy construction arguments.