Ropes & Gray litigators have an impressive track record of obtaining dismissal of class-action claims and defeating class certification motions. Our attorneys are skilled advocates who have negotiated scores of settlements, often creatively using nonmonetary solutions to resolve matters. We are also skilled and accomplished trial attorneys, prepared to take even the most complex class-action matters to trial.
Our litigators aggressively defend clients in enterprise-threatening class-action litigation in courts at all levels, and we represent clients in class actions involving consumers, shareholders, employees, business partners, financial institutions and competitors.
Ropes & Gray litigators have successfully defended class actions involving a wide range of issues and claims, including:
- Consumer fraud
- Consumer products and safety
- Employment-related matters
- Financial services
- Health care
- Investment management issues
- Mass torts
- Privacy and data security matters
- Product liability
- Securities and shareholder rights
Class-action litigation can quickly become expensive. We work efficiently on multiple procedural and substantive fronts to achieve the best possible resolution. Our knowledge and experience allows us to employ a variety of procedural mechanisms unique to class actions when we formulate and execute a defense strategy. Whether seeking to transfer a case to the most appropriate forum, moving to consolidate actions—often through successful petitioning of the Judicial Panel on Multidistrict Litigation - or fighting plaintiffs’ attempts to achieve class certification, we understand class-action procedure.
Ropes & Gray has the resources and experience to handle the most complicated and time-sensitive class action matters. Clients appreciate our team approach and ability to seamlessly handle discovery, multi-district litigation, parallel civil and criminal proceedings, and concurrent government investigations.
Successes for clients include representation of:
- Represented Canada Goose US Inc. in two class actions brought in the Southern District of New York. In both cases, successfully obtained complete with prejudice dismissals of putative nationwide class actions alleging that consumers were deceived by Canada Goose marketing statements.
- Won dismissal of a putative class action lawsuit brought in the Southern District of New York against TG Therapeutics, Inc. and three of its officers, which alleged securities fraud in connection with public disclosures about certain drugs developed by the company. Following oral argument, the Court granted our motion to dismiss with prejudice.
- Represented The TJX Companies, Inc. in class action litigation arising out of alleged disparities in sales tax refunded to customers upon returns. Successfully negotiated an early resolution on an individual basis by persuading the plaintiffs there were multiple defenses to any certification motion.
- Successfully moved to dismiss a private equity company from a putative federal class action lawsuits related to the closure of a subsidiary of one of its portfolio companies, a for-profit law school.
- Represented Sony in over 65 class actions filed against Sony entities alleging consumer harm as a result of the criminal cyber-attacks on certain of Sony’s computer networks. These class actions seek in the aggregate to represent all customers in the U.S. whose user account information is alleged to have been placed at risk in the course of the cyber-attacks. The majority of the plaintiffs’ claims were dismissed.
- Successfully opposed class certification of a consumer fraud action brought against a leading fast food company alleging injuries and deceptive practices related to the alleged presence of wheat, gluten, and dairy in its french fries.
- Represented the Tribune Company in an ERISA class action matter where the plaintiffs alleged that the Tribune pension plan had failed to annualize partial-year compensation when calculating a participant’s ”final average salary” and had impermissibly backloaded the accrual of retirement benefits and concentrated benefit accrual in employees’ later years of service. We filed a motion to dismiss arguing that the plaintiffs failed to exhaust their administrative remedies and failed to state a claim upon which relief may be granted. The plaintiffs filed a notice of voluntary dismissal and withdrew their complaint.
- Negotiated a settlement on behalf of TravelCenters of America LLC and Petro Stopping Centers, two of the largest operators of truck stops in the U.S., in class action litigation alleging that the practice of selling motor fuel without adjustment for fuel temperature violates consumer protection and unfair trade practices statutes in over 12 states.
- Successfully defended Carter’s Inc. before the Seventh Circuit the dismissal in its entirety of a putative nationwide class action against Carter’s for alleged breach of contract and consumer fraud arising out of the company’s pricing practices.
- Represented Hitachi-LG Data Storage and Hitachi-LG Data Storage Korea, Inc. in defending against antitrust class actions charging price fixing brought by direct and indirect purchasers.
Expert advisers across a myriad of complex disputes. Also esteemed for its adept handling of high-profile litigation. Experienced in working with shareholders, employees and consumers