Capabilities

Class Actions

Language

Representing defendants in class action litigation demands a level of strategic skill and legal acumen that is the hallmark of our firm. Our attorneys are known for developing innovative ways to defeat class actions and extricate clients from inappropriate and unfavorable forums. We have defeated efforts to certify classes based on claims of economic injury by purchasers of harmful products, claims that reliance can be presumed in a fraud case, and the use of public nuisance to aggregate claims without the procedural protections of class action rules.

Arnold & Porter has defended hundreds of class actions and other cases involving aggregate claims lawsuits. We have prevailed on dispositive motions, class certification motions, at trial, and on appeal for clients such as 7-Eleven, Atlantic Richfield, BP Products North America, Charles Schwab, General Electric, Honeywell, Novartis, Pfizer, Philip Morris USA, Samsung, VISA and Yelp. We also have developed and implemented settlements where a negotiated resolution was the preferred outcome for our client.

Arnold & Porter attorneys have handled class action and other aggregate claims litigation brought by governmental and private parties represented by leading plaintiffs' firms in federal and state courts throughout the United States. We have served as national coordinating counsel and as lead counsel in multidistrict litigations. Our litigators represent clients in many different industries, including accounting, automotive, banking, chemicals, consumer products and retail, energy, food and beverage, industrial products, pharmaceuticals, retail, transportation, and technology. We have defended cases running the gamut of substantive legal areas, for example, antitrust, consumer protection, data breaches, environmental, financial services, product liability, and securities.

Our litigators are widely recognized as leaders in the field by prominent publications such as Chambers USA, The Legal 500, and Best Lawyers in America.

Experience

Brooks Brothers Group Ables v. Brooks Brothers Group

Obtained dismissal of a putative data breach class action involving point-of-sale systems.

Auxilium Pharmaceuticals Holtsclaw v. Auxilium

Obtained jury verdict in bellwether trial case for multidistrict litigation involving testosterone replacement therapy.

Dunkin' Donuts Chen v. Dunkin’ Brands

Obtained dismissal of putative class action alleging deceptive advertising.

Kohl's Department Stores Chowning v. Kohls Department Stores, Inc.

Defended against putative price comparison class action.

Whirlpool Corporation Day, et al. v. Whirlpool Corporation; and Kralicek and Flusche, et al. v. Whirlpool Corporation

Co-counsel in class and mass tort actions over TCE contaminated groundwater.

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Perspectives

Lit Alerts—November 2018
A Publication of the Litigation Practice Group
Lit Alerts—October 2018
A Publication of the Litigation Practice Group
And Now A Word From The Panel: An MDL Breakup
California Law360, Class Action Law360, Competition Law360, Cybersecurity & Privacy Law360, Product Liability Law360
Removal in a Snap: Third Circuit Endorses Pre-Service Removals
Advisory
Lit Alerts—August 2018
A Publication of the Litigation Practice Group
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Recognition

Best Lawyers
"Law Firm of the Year" for Mass Tort Litigation / Class Actions – Defense (2019)
"Best Law Firms" for Commercial Litigation (Colorado, DC, Los Angeles, National, New York, San Jose, San Francisco) (2010-2016)
Law360
Litigation Powerhouse (2016)
Chambers USA
Litigation: General Commercial (2004-2016)
Overview

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