Willkie’s litigators have extensive experience defending—and defeating—class actions, regularly representing the world’s largest and most respected companies in their most high-profile and complex matters. We are vigorous, innovative advocates who have won victories in federal and state courts across the country.
We emphasize early strategic thinking with the goal of obtaining the best business result for our clients. We know how to achieve success long before trial through motions to strike the class allegations at the pleadings stage, motions to dismiss, challenges to class certification, and summary judgment. If it comes to trial, we know how to win.
Our extensive experience in class action litigation, focus on early and comprehensive case assessment, ability to distill even the most complex case to its essential elements, and use of case management technology empower us to litigate complex cases as effectively and efficiently as possible.
Our deep understanding of class action litigation comes from representing a broad range of national and international organizations, including financial institutions, insurance companies, retail and direct marketing companies, service providers, and prominent universities, in commercial and consumer-based litigation matters. We have successfully defended high-stakes individual and class action suits arising under, among other things, the Employee Retirement Income Security Act, Telephone Consumer Protection Act, Truth In Lending Act, Fair Housing Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Fair Debt Collection Practices Act, Real Estate Settlement Procedures Act, Servicemembers' Civil Relief Act, Military Lending Act and various state and federal unfair and deceptive trade practices statutes, including California’s Unfair Competition Law, Consumer Legal Remedies Act, Automatic Renewal Law, the Illinois Consumer Fraud and Deceptive Business Practices Act, Deceptive Trade Practices Act, and Biometric Information Privacy Act.
Experience
- Represented a prominent university in a breach of fiduciary duty and prohibited transaction class action related to alleged excessive administration and investment management fees paid to service providers, successfully dismissing the complaint, which was affirmed on appeal. The U.S. Supreme Court remanded the case to the Seventh Circuit for further proceedings. After supplemental briefing and oral argument in November 2022, the case is pending in the Seventh Circuit.
- Defended a retail chain in connection with 15 consolidated class actions alleging unlawfully sale of used, repackaged products.
- Successfully quelled nationwide class action against global financial institution under the Telephone Consumer Protection Act, consisting of wrong number subclass and subclass of individuals alleging lack of consent for calls and text messages.
- Won class action challenging overdraft and non sufficient funds checking account fees in industry-leading opinion which also fully excluded plaintiffs’ experts.
- Defeated class action in multidistrict litigation and on appeal to the 9th Circuit, consisting of dozens of cases filed throughout the country, concerning the Home Affordable Modification Program and related claims relating to breach of contract, promissory estoppel, Equal Credit Opportunity Act, unfair and deceptive trade practices statutes, and related claims.
- Represented global financial institution in several nationwide class action cases related to the foreclosure and interest rate provisions of the Servicemembers’ Civil Relief Act as well as certain claims under the Military Lending Act.
- Won proposed nationwide class action litigation against global financial institution, both on class certification and summary judgment as to the named plaintiffs, related to recurring property inspection fees in district court and on appeal to the 9th Circuit.
- Defended global pharmaceutical company, both in district court and on appeal to the 6th Circuit, in defeating proposed nationwide class action under the Telephone Consumer Protection Act.
- Represented global life insurance company in proposed nationwide class action relating to text messages sent in purported violation of the Telephone Consumer Protection Act.
- Defended Ponzi scheme litigation for global financial institution relating to purported conspiracy to commit fraudulent transfers, aiding and abetting fraudulent transfers, common law fraud, negligence/negligent hiring and supervision, aiding and abetting breach of fiduciary duties, fraudulent transfers in alleged violation of state law, and unjust enrichment.
- Defending challenges to checking account fees across the country in a variety of putative class actions.
- Represented global financial institution in putative California class action challenging purported failure to pay interest on funds held in mortgage escrow account in alleged violation of California law.
- Defended global financial institution in purported nationwide class action challenging failure to pay interest on property tax and insurance funds held in mortgage escrow account in alleged violation of laws of fourteen states.
- Represented global financial institution in proposed nationwide class action litigation related to calculation of interest in adjustable rate mortgages.
- Defended global financial institution in proposed nationwide class action litigation related to reimbursement of court costs to borrowers.
- Represented global financial institution in proposed nationwide class action litigation related to third-party foreclosure related services.
- Defended financial institution in ten putative class action cases pending throughout the country on the facilitation of payments to payday lenders using ACH transactions.
- Successfully defended a privately held marketing services company against a series of putative class action lawsuits alleging deceptive marketing practices in connection with its monthly subscription programs.
- Represented a leading global source of educational materials in connection with 14 putative nationwide class actions asserting claims for alleged violations of antitrust and/or related unfair competition laws arising out of “Inclusive Access” course materials programs that the client and retailers offer at various universities and colleges across the country.
- Defended global financial institution in an ERISA class action and ADEA collective action alleging anti-cutback and notice claims, as well as fiduciary breach and age discrimination claims, successfully dismissing the action.
- Represented a telecommunications company in a breach of fiduciary duty putative class action challenging the company’s use and management of active multi-manager funds as investment options in its 401(k) plan, successfully dismissing the complaint with no appeal taken.
- Defending a prominent university in putative class action alleged breach of contract and unjust enrichment related to transition to remote learning as a result of COVID-19 pandemic.
- Obtained dismissal of purported consumer class action in Northern District of California on behalf of leading technology company related to “loot box” video game features in downloaded apps off company’s internet platform.
- Defeated class certification for Fortune 500 insurance client in District Court of Iowa, affirmed on appeal, in a nationwide purported $200 million "junk fax" class action under the Telephone and Consumer Protection Act.
- Obtained trial verdict for an insurance client in a purported $250 million class action, finding that a premium finance billing plan did not violate the Truth in Lending Act, the Unruh Act or various provisions of the California Insurance Code or the Business and Professions Code section 17200 (UCL).
- Represented a financial services client in successful resolution of five purported nationwide consumer class actions and parallel governmental action by Minnesota's state attorney general involving alleged sales practices.
- Obtained dismissal of a purported class action against nutraceutical company claiming violations of the California Consumers Legal Remedies Act and consumer fraud under Business and Professions Code sections 17200 and 17500, et seq. (UCL).
- Obtained dismissal of purported $1B class action against multi-national financial service and insurance client alleging improper crediting practices and violation of standard non-forfeiture laws and RICO, affirmed by the Ninth Circuit on appeal.
- Defended national consumer brand from series of Illinois Biometric Information Privacy Act class action cases based on virtual try on technology from mobile and website applications.
- Defended civil claims based on alleged privacy violations of California Penal Code wiretapping statutes in connection with online customer service chat features.
- Representing a global financial services firm in a series of class action lawsuits in Illinois state court and federal court. Plaintiffs claim hackers had access to consumers' personal information for more than a year before the global insurer discovered its data was breached and offered only meager identity protection services to those affected.
- Obtained dismissal of purported nationwide consumer class action in E. Dist. of Tennessee related to product design of Universal Life insurance policies on behalf of Fortune 500 life insurer.
*Some of these matters were handled prior to joining Willkie.