Class Actions

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. Clients turn to us as the "master strategists," frequently calling on our firm to serve as national coordinating counsel or as lead counsel in multidistrict litigations.

Depth of Experience: Our case strategies draw on extensive experience in substantive legal areas: antitrust, consumer protection, data breaches, environmental, financial services, product liability, and securities.

Industry Knowledge: Our class action work spans accounting, automotive, banking, chemicals, consumer products and retail, energy, food and beverage, industrial products, pharmaceuticals, retail, transportation, and technology industries.

Novel Strategies: Clients call Arnold & Porter litigators "master strategists" and "effective advocates in court."—Chambers USA

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"[. . .] definitely the go-to team for our biggest cases; absolutely top notch, insanely thoughtful and detailed." —Chambers USA, Client
BTI Consulting Group
Most Feared in Litigation (2022)
“[F]requently at the helm in litigation that raises cutting-edge issues, serving as national counsel or lead counsel to defend class actions, mass tort actions, MDLs, and state court proceedings."—Legal 500

Experience Highlights

  • Brooks Brothers Group in obtaining dismissal of a putative data breach class action involving point-of-sale systems. Ables v. Brooks Brothers Group
  • Charles Schwab & Co., Inc. in defeating class certification in a purported 10b-5 securities class action alleging Charles Schwab misled customers about its order routing and order execution.
  • Dunkin' Donuts in obtaining dismissal of putative class action alleging deceptive advertising. Chen v. Dunkin' Brands
  • 7-Eleven in putative class actions alleging breach of contract/warranty, misrepresentation, consumer fraud, and false advertising.
  • Samsung in consumer class action litigation arising out of the recall of the Galaxy Note7 phone due to the lithium ion battery issues. We continue to represent the client in consumer class actions alleging related issues for other Samsung Galaxy phones. In re: Samsung Galaxy Smartphone Marketing and Sales Practices Litigation
  • Kohl's Department Stores in securing summary judgment as to the monetary claims in a purported class action alleging false price comparison advertising. This was the first case to reject the "alternative" measures of restitution set forth in Spann v. JC Penney that authorized a full refund of the purchase price, among other things. Affirmed on appeal. Chowning v. Kohls Department Stores, Inc.
  • Honeywell in the defense of a consolidated class action and approximately 45 individual toxic tort suits arising out of the presence of PFOA in the groundwater and municipal water supply of Hoosick Falls, New York. Baker et al. v. Saint Gobain Performance Plastics Corp. et al.
  • Hologic and Cynosure in defeating class certification and obtaining summary judgment in a purported class action regarding the efficacy of the SculpSure device.
  • Fujikura Ltd., Fujikura Automotive America LLC, and Fujikura America in a direct purchaser class action; separate indirect purchaser class actions brought by end payors, automobile dealers, truck and equipment dealers, and public entities alleging price-fixing with regard to automotive wire harnesses and related products; and state attorney general litigation. In re Auto Parts Antitrust Litigation
  • General Electric in securing dismissal of putative class action alleging personal injuries from radiation exposure arising out of the Fukushima nuclear power plant meltdown. Cooper et al. v. Tokyo Electric Power Co.
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