Nixon Peabody has broad, deep, and long-standing experience in class action defense. This includes not only classic opt-out civil class actions, but also defense of non–opt-out class actions, quasi-class mass tort cases, “private attorney general” actions, shareholder derivative suits, and classwide arbitrations.
In just the past five years alone, we have successfully defended well over 100 such cases in state and federal courts in half the states of our nation. In the process, we defeated numerous motions for class certification, won numerous motions to dismiss or for summary judgment, and successfully concluded settlements covering well over 100 million class members (including the largest consumer class action ever settled).
Health care crisis litigation is among the most active areas for class action today. Protecting clients’ brands for patient care and safety through a health care crisis is mission critical. Our skilled trial team advises clients from the initial press inquiry to the more critical government investigations—all the way through representation in litigation and class actions. Our ability to coordinate the institutional response over multiple parallel criminal, regulatory and civil actions is an effective way to restore trust and confidence in our clients' products and services. Our experience as coordinating counsel in some of today’s most serious, national health care crises demonstrates a track record of successfully solving these complex and potentially catastrophic problems.
Our substantive experience is equally broad in other areas including:
- False advertising and marketing claims about many different products and services
- Large overtime wage and hour claims in a variety of industries under the Federal Fair Labor Standards Act and state laws
- Unfair competition and aiding and abetting breach of fiduciary duty claims against financial institutions
- Securities fraud claims ranging from traditional 10b-5 “stock drop” claims to initial public offering allocation claims
- Significant mutual fund expense and market timing claims
- Complex pharmaceutical and medical device claims of both the product defect and consumer protection variety
- Breach of privacy claims
- Numerous age, race, sex, national origin, and disability discrimination claims
- Class actions against franchisors based on systemwide conduct
- Toxic tort and environmental contamination claims
- Merger and acquisition disputes, leverage buyout disputes, and limited partnership disputes, including multinational hedge fund issues
- Shareholder derivative claims against directors of companies ranging in size from angel-round startups to Fortune 50 companies
- Dissenting shareholders’ claims
- Copyright Act claims
- Employee Retirement Income Security Act (ERISA) claims
- Fair Debt Collection Practices Act claims
- Telephone Consumer Protection Act claims
- Truth In Lending Act and similar statutory claims
- Many different state consumer protection act, antitrust, or unfair competition claims
- Advice on international class actions
The firm’s Class Actions group draws attorneys from our Business Litigation, Energy and Environment, Financial Services and Securities Litigation, Insurance, Labor and Employment, Pharmaceutical Litigation, and Products Liability, Mass and Complex Torts practice groups. In addition to the substantive and procedural litigation skills gained through the extensive experience summarized above, these Class Action Defense Group members are also committed to and trained in reducing total client costs through special electronic discovery, electronic notice, and alternative dispute resolution strategies.