Our nationwide team of more than 50 litigators has successfully represented a variety of organizations in thousands of class actions involving hundreds of millions of potential class members with well over $1 trillion of collective amounts at issue. We have decades of experience representing clients at every level of the judicial system, in international forums, and arbitration and mediation.
We regularly serve as national counsel and national coordinating counsel for class or mass actions filed simultaneously or successively in multiple courts and jurisdictions. While we are a full-service law firm with offices in major cities across the country, we also maintain a unique footprint with class action litigators based in locations not typically served by other large national firms such as Buffalo, Rochester and Manchester. We leverage our combined experience, regional presence, reputation, talent and resources to efficiently and effectively handle complex class actions and aggregate matters.
We help our clients develop processes and strategies for avoiding or limiting class action exposure, and we perform audits to identify particular class action risks. Our team includes experienced mediators who have worked with clients on how they communicate positions in disputes to avoid creating or expanding class action risks. And, we have practitioners with experience in enforcing arbitration agreements with class action waivers.
Through our class action representations, we’ve also worked with most of the major insurers across the globe. In addition, our team is looked to as leaders in class action analysis: we file amicus curiae briefs on significant class action issues, we teach classes to judges on class action procedure, and we write and speak on class action topics.
We represent clients facing all manner of aggregate actions, including classic opt-out civil class actions, non-opt-out class actions, “private attorney general” actions, public attorney general civil actions seeking state-wide restitution, multidistrict/MDL actions, class-wide arbitrations, and parallel processes. Our cross-disciplinary teams defend businesses against:
We have experience with complex consumer privacy, data protection and security laws impacting businesses nationwide, including, among others:
Businesses operating in regulated industries that deliver products or services, including:
HR Magzine | September 28, 2020
Chicago Complex Commercial Disputes partners Rich Tilghman and John Ruskusky, and associate Henry Caldwell contributed this article, based on their recent blog post, on the rise in putative class actions in Illinois by employees against entities that employ biometric technology.
Law360 | July 16, 2020
This article includes commentary from Chicago Complex Commercial Disputes partners John Ruskusky and Seth Horvath on some of the most noteworthy Illinois decisions thus far in 2020. John discusses a decision related to the Illinois Biometric Information Privacy Act, while Seth comments on a decision regarding parents suing paint makers for children’s lead test costs, as well as a ruling on a record destruction provision in the Chicago police union contract.
The American Lawyer | February 05, 2020
This article features Chicago Complex Commercial Disputes partners John Ruskusky and Richard Tilghman analyzing Facebook’s recent $550 million settlement in a class action suit alleging violations of Illinois’ Biometric Information Privacy Act.
Massachusetts Lawyers Weekly | January 23, 2020
This article mentions Manchester Complex Commercial Disputes partner Dan Deane and Boston Complex Commercial Disputes associate Troy Lieberman, who earned a favorable ruling on behalf of defendant Boston Scientific in a class action suit alleging violations of the Telephone Consumer Protection Act.
Rochester Business Journal | January 17, 2020
In his latest monthly column, Rochester Corporate partner Jeremy Wolk analyzes a recent action by the Federal Trade Commission to crack down on VoIP providers who turn a blind eye to their clients’ unlawful telemarketing practices. Washington, DC, Complex Commercial Disputes associate Brian Donnelly and Rochester Complex Commercial Disputes associate Zach Osinski contributed to the article.
Rochester Business Journal | November 29, 2019
Rochester Corporate associate Jenny Holmes talks to the Rochester Business Journal for their special report on the impact of the California Consumer Privacy Act, which goes into effect January 1. Jenny anticipates that companies will have to comply with the strictest state law on the books if Congress does not pass a federal law.
Rochester Business Journal | November 15, 2019
In the latest installment of his monthly column, Rochester Corporate partner Jeremy Wolk analyzes state-level legislation aimed at enhancing consumer privacy rights and protections, similar to the European Union’s General Data Protection Regulation. Rochester Corporate associate Jenny Holmes contributed to the column.
Defense Research Institute | September 04, 2019
Complex Commercial Disputes partner Vivian Quinn and associate Tracey Scarpello, both of the Buffalo office, co-wrote this article in the Defense Research Institute’s publication, analyzing the impact of the ascertainability requirement on pharmaceutical and medical device class actions.
Law360 | July 12, 2019
This article highlights Boston Intellectual Property associate Troy Lieberman, who is representing Boston Scientific in a proposed class action suit alleging violations of the Telephone Consumer Protection Act.
Law360 | April 30, 2019
Boston Complex Commercial Disputes associate Morgan Nighan is mentioned in this story for her co-representation of Barclays Bank Delaware in a successful effort to dismiss a proposed class action involving the collection of time-barred debt from credit customers.
Rochester Business Journal | January 25, 2019
Rochester Corporate partner Jeremy Wolk wrote this contributed column analyzing a lawsuit filed against Facebook in Washington, DC, alleging violations of state-level consumer protection laws by the social media company. This article incorporates perspective from an alert written by Washington Complex Commercial Disputes associate Brian Donnelly, Rochester Corporate associate Jenny Holmes, and Los Angeles Government Investigations & White Collar Defense associate Karina Puttieva.
Courtroom View Network | January 11, 2019
Nixon Peabody’s trial victory on behalf of client Daher-Socata has been selected as one of the 10 most impressive defense verdicts of 2018 by Courtroom View Network. Long Island Complex Commercial Disputes partner Joe Ortego led the NP team.
Daily Business Review | December 16, 2018
Long Island Complex Commercial Disputes partner Joe Ortego is mentioned in this article as part of the successful defense team for Daher-Socata Aerospace in a $15 million suit regarding the safety of its plane.
National Law Journal | October 23, 2018
Litigation Department head and Manchester partner Scott O’Connell is quoted in this story discussing a recent decision by the 1st Circuit Court of Appeals that is “a welcome development for those of us on the defense side” of class-action cases.
Law360 | September 05, 2018
This article is about a class action lawsuit filed in Massachusetts federal court against the Trump administration regarding the government’s policy of family separation. Boston Government Investigations and White Collar Defense associate Lauren Maynard and Manchester Complex Commercial Disputes associate Nate Warecki are mentioned as co-counsel for representing the children that have been separated from their parents at the border.
Massachusetts Lawyers Weekly | August 27, 2018
Litigation Department head Scott O’Connell is mentioned in this case summary for his role as co-counsel for a group of pharmaceutical companies. The companies successfully defended a suit by a class of customers seeking to force changes to the design of the companies’ eyedrops bottles.
Law360 | August 26, 2018
Nixon Peabody is mentioned in this article as co-counsel for a group of pharmaceutical companies who won dismissal of a First Circuit class-action suit regarding the design of their eyedrop bottles.
National Law Journal | August 21, 2018
Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this story on his ongoing representation of Thornton Law Firm in a dispute over billing in a securities class action case.
Class Action Alert | 06.28.21
Class Action & TCPA Alert | 05.28.21
TCPA Alert | 04.05.21
Class Action & TCPA Alert | 04.02.21
Coronavirus Stimulus & Relief Alert | 03.10.21
Coronavirus Stimulus & Relief Alert | 12.22.20
Commercial Litigation Alert | 12.21.20
Coronavirus Stimulus & Relief Alert | 10.07.20
05.06.21 | Virtual Presentation
Past Chair, Litigation Department
Leader, Class Actions and Aggregate Litigation;
Co-Leader, TCPA & Consumer Privacy Team
Deputy Leader, Class Actions and Aggregate Litigation
Leader, Arbitration Team
Former Member, Firm Policy Committee
Member, Firm Pro Bono Committee