Class Action Litigation

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Consumer Class Actions

Served as defense counsel for an educational institution in a class action brought by former students who alleged that it purchased assets of the university and assumed the university's liability for fraudulently misrepresenting the nature and quality of its academic programs. The claims were dismissed with prejudice based on corporate successor liability.
Obtained dismissal of a class action brought under California's Unfair Competition Law and the Consumer Legal Remedies Act, following a successful motion to compel arbitration based on AT&T Mobility v. Concepcion. The court found that a modified click-wrap on-line service agreement effectively bound the plaintiff to arbitrate individual claims.
Defended a class action brought by dealers asserting breach of contract, breach of implied covenant of good faith and unjust enrichment claims arising from floor-plan financing for recreational vehicles. We obtained judgment based on the unambiguous language of the parties' agreement which permitted charging interest on funds not yet advanced.
Defended a national retailer against class claims alleging that the company failed to reasonably accommodate disabled persons under the Americans with Disabilities Act (ADA) by failing to provide readily achievable means of access to eye examinations in their stores nationwide.
Represented a grocery store chain in defense of multiple class actions in Pennsylvania and Maryland federal courts alleging violations of the Fair and Accurate Credit Transaction Act (FACTA).
Defended a retail energy company in defense of six class actions in federal and state courts in New York, New Jersey, Pennsylvania and Maryland alleging violations of state consumer fraud statutes.
Represented a regional discount chain in defense of a class action in Rhode Island federal court alleging violations of FACTA.
Represented a retail energy company in defense of claims under the Telephone Consumer Protection Act (TCPA) in connection with "robocalls."
Defended marketing companies in class actions alleging violations of TCPA and California Invasion of Privacy Act.
Represented a department store chain in defense of class claims brought under TCPA and other statutes in connection with emails sent for marketing purposes.
Defended an equipment leasing company, defeating class certification in a class action alleging violations of the New Jersey Consumer Fraud Act.

Financial Services

Defended banks and other financial institutions in ATM class actions.
Represented a financial institution in an appeal after the district court dismissed a putative class action charging violations of New York's Exempt Income Protection Act (EIPA) and New York common law.
Obtained the dismissal of claims for a federally-chartered thrift in a putative class action in federal court, arguing that the federal Homeowners Loan Act (HOLA) preempted state law purporting to limit the amount of insurance that can be required by a financial institution.
Obtained dismissal in federal court of eight counts in a nine-count class action complaint claiming that a mortgage bank charged improper fees for reinstating or paying off mortgages.
Represented a lender and secured the dismissal of class action counterclaims asserted by a commercial borrower for breach of good faith and fair dealing, fraudulent misrepresentation and violations of the New Jersey Consumer Fraud Act.
Defended a national mortgage loan servicer in several putative class actions in federal courts in Pennsylvania, Michigan, Florida and Texas.
Represented a mortgage lender in the defense of a class action alleging violations of Pennsylvania's real estate settlement procedures statute.
Represented a mortgage lender in a class action under Pennsylvania's unfair trade practices and consumer protection law, alleging misrepresentations in connection with home equity lines of credit.
Sought and obtained dismissal in federal district court of a class action alleging that a national bank violated the Electronic Funds Transfer Act in connection with ATM fee charges.
Represented a credit card issuer in defense of 14 federal and state class actions alleging fraud in connection with a credit card promotion.
Represented a mortgage servicer faced with class-based violations of the Real Estate Settlement Procedures Act (RESPA) in the Northern District of Illinois.
Defended a credit card issuer in a class action in federal court in Utah, alleging fraud and breach of contract in connection with posting of consumer payments.
Represented a mortgage lender in defense of a class action alleging violations of a Texas mortgage statute.

Insurance Class Actions

Defended a class action brought against a national insurance company involving payment of claims under collateral protection insurance policies.
Represented an insurer in connection with the issuance of named party automobile policies from removal through resolution in federal district court.
Defended a property insurer in Louisiana against class action claims arising out of the infamous Hurricane Katrina.
Represented an insurer on coverage issues relating to a collective action under the Fair Labor Standards Act (FLSA).

Antitrust and Franchise Class Actions

Defended a health care insurer in a class action suit brought by various groups of medical providers asserting antitrust, price-fixing, conspiracy and slow-pay claims arising from the processing and payment of physician reimbursement by health insurance companies.
Represented franchisees in class action litigation involving breach of contract claims arising from the pricing and discounting of products that the franchisor required franchisees to purchase.
Represented a group of franchisees in litigation involving claims that sale of products in supermarkets violated the duty of good faith.
Represented more than 2,500 franchisees in litigation against the franchisor and others concerning the use of advertising funds contributed by the franchisees.
Defended a national bank in a putative class action in New Jersey federal court alleging violations of the Federal Trade Commission Act and Rules of Practice governing disclosures to franchisees, New York and New Jersey law concerning Small Business Association loans.

Securities and RICO Class Actions

Served as lead counsel for the CEO of a multibillion-dollar energy company in connection with internal investigations into alleged conflicts of interests, breaches of fiduciary duties and violations of securities laws. The matter also resulted in approximately 30 derivative class action lawsuits and investigations by the Securities and Exchange Commission, the Department of Justice, the New York Attorney General and other state proceedings.
Represented employee defendants in a securities class action involving the restatement of financial statements. The employees were dismissed from the case.
Our firm was a member of the Executive Committee in a nationwide class action RICO litigation arising out of the receipt of gratuities by executives for the right to open dealerships.
Obtained dismissal for our client in multi-district litigation against claims of securities fraud through intentionally misleading the investing public about the success of a multimillion dollar merger.
Obtained summary judgment on behalf of broker clients in a class action for securities fraud relating to the initial public offering of a waste disposal company.
Represented a target company in defense of multiple shareholder class actions relating to disclosures made in connection with a tender offer.
Represented a corporation and its board members in defense of a shareholder class action relating to fairness and disclosures in connection with a tender offer.
Obtained summary judgment on behalf of a general partner of a real estate limited partnership in a class action RICO case based on alleged securities, mail and wire fraud.
Defeated a class certification motion on behalf of a broker defendant in a RICO case asserting securities fraud in connection with the offering of units in a movie limited partnership.
Represented a target company and its special committee in defense of nine shareholder derivative suits and class actions alleging breaches of fiduciary duty in connection with a short-form merger.

Employment-Related Class Actions

Defended numerous companies - from virtually every industry - in wage-and-hour class actions, including restaurants, insurance companies, apartment communities, colleges, cosmetology schools, real estate developers, marketing companies, transportation companies, slaughterhouses, a health system, consumer electronics companies, nursing homes, and hotels.
Represented multiple employers in pattern and practice class actions, including a national weight-loss company and a regional home builder.
Represent a national pharmacy in a class action brought claiming that pre-adverse action notices given in connection with employee background screening did not comply with the FCRA.
Defended nation's largest satellite service provider in employment class and mass actions in federal courts across the country.

Government-Related Class Actions

Negotiated on behalf of a housing authority a settlement that the client found favorable in a hotly contested 15-year-long class action lawsuit regarding home-heating subsidies in which plaintiffs sought tens of millions of dollars.
Represented a state treasury department in defeating a putative class action brought by property owners, who were seeking as much as $54 million in excess proceeds from property auctions.
Represented a state in defense of a class action alleging constitutional violations involving the state's foster care system.
Represented the governmental entities in defense of a class action alleging constitutional violations involving the foster care system of a major city.
Our firm was involved in a class action arising out of spot reassessments in tax assessment appeals.

Real Estate and Environmental Class Actions

Defended an international hotel and timeshare company in class action alleging mold-related claims.
Defended real estate developer in putative class action alleging unfair competition and misrepresentations.
Defended class claims in federal and state court brought by property owners involving 200-300 buildings.
Represented members of a homeowners association against the contractor and developer for structural defects and building code violations.
Defended developers in class claims arising from condominium projects and in fill subdivision developments.
Defended one of multiple defendants in an environmental class action regarding a New Jersey Superfund site.

Data Protection and Privacy Class Actions

Obtained judgment dismissing consolidated federal class actions brought under the Electronic Communications Privacy Act and the Stored Communications Act in which the putative class alleged that personally identifiable information was shared with advertisers through the transmission of referrer headers that linked to Facebook user pages.

Class Action Litigation

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