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Complex Litigation

Class action defense for companies facing consumer, employment, and securities class claims, built around defeating certification, narrowing the case through early motions, and resolving exposure on terms that deliver real finality.

A class action turns one plaintiff's claim into company-wide exposure, which is exactly why the defense strategy has to be set early. We defend consumer, employment, and securities class actions, focusing on the leverage points that actually move these cases: certification, early dispositive motions, and the structure of any settlement. The right pressure at the right stage is what keeps a single complaint from becoming a bet-the-company case.

Defeating Class Certification

Certification is usually the whole ballgame, because a denied class shrinks a massive case back to an individual dispute. We attack certification under Rule 23, showing that individual questions predominate over common ones, that the named plaintiff is not typical or adequate, and that a class cannot be managed fairly. We build that record from the start of the case rather than scrambling for it once the certification motion is filed.

Early Merits And Dispositive Motions

The cheapest case to win is the one that never reaches certification. We press motions to dismiss and early summary judgment to knock out legally deficient theories, narrow the claims, and expose the gaps in the plaintiffs' case before discovery costs spiral. Even when a motion does not end the case outright, trimming the claims reshapes the exposure and the leverage on every subsequent decision.

Class Settlement Structuring

Sometimes resolution is the smart move, but a poorly built class settlement buys you objectors and a second lawsuit instead of peace. When settlement makes sense, we structure deals designed to win court approval and deliver real finality, with release language and claims mechanics that actually close the door. We negotiate from the strength your certification and merits positions create rather than from a posture of just wanting it over.

Appeals Of Adverse Rulings

An adverse certification or merits ruling is not always the last word. We pursue interlocutory appeals of certification orders under Rule 23(f) and appeals of merits rulings where the law and the record give us a real shot. A well-timed appeal can reverse the outcome or reset the negotiating dynamic, and we assess that path honestly so you spend on it only when it can change the result.

Frequently asked questions

You defeat certification by showing the case doesn't fit the requirements of Rule 23. The most common arguments are that individual questions predominate over common ones, that a class action isn't a superior way to handle the claims, or that the named plaintiffs or their counsel aren't adequate to represent the class. Defeating certification often ends the practical threat of the case.

Weigh the strength of the merits, your total exposure if you lose, the cost of continued litigation, and the business disruption of fighting. Some cases are worth defending through certification and beyond; others justify an early resolution to cap risk. The decision should follow a clear-eyed assessment of how the case is likely to play out.

A properly drafted arbitration agreement with a class action waiver can require claims to be brought individually in arbitration, which can stop a class action before it forms. Effectiveness depends on the type of claim and the jurisdiction, and certain claims may not be subject to arbitration. Because the drafting and context matter, these clauses should be reviewed carefully.

Proportionality principles apply, but class discovery is inherently broad and document-heavy, so it needs active management. The key levers are a disciplined approach to electronically stored information, narrowing scope through negotiation and motions where appropriate, and addressing cost allocation early. Getting ahead of discovery keeps it from becoming the most expensive part of the case.

A good class settlement delivers real finality, with a release broad enough to cover the claims at issue, at a cost you can manage. It also has to be structured to win court approval, since class settlements require the court to find them fair, reasonable, and adequate. Building toward that approval standard from the start is what prevents a deal from unraveling later.

Yes, in some cases. Rule 23(f) allows a discretionary interlocutory appeal of a certification decision, meaning the appeals court can choose whether to hear it. When it's available, appealing before you have to go through expensive class-wide discovery and merits litigation can be valuable, so it's worth evaluating promptly after the certification ruling.

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