Venable's class action defense practice is national in scope and forms a cornerstone of the firm's elite commercial litigation practice. Our litigators have successfully resolved numerous complicated class actions for clients in the food, beverage, dietary supplements, education, manufacturing, financial services, restaurant and hospitality, pharmaceutical and life sciences, media and entertainment, retail, transportation, and construction sectors. We also have successfully represented trade associations and other nonprofits in class action litigation.
Our Approach
There is no one-size-fits-all approach to defending against a class action. Our lawyers work with our clients early on to assess the case and determine the best strategies to pursue under the circumstances. Should we determine to challenge the claims, Venable has been extremely successful at having putative class claims dismissed on motion, before discovery. We have also defeated motions to certify classes – swiftly reducing the potential exposure on a case from many millions of dollars to a negligible amount. Should our early case assessment lead our clients to explore settlement, we have been very successful in structuring creative settlements of complex class claims – settlements which received the required court approval while also minimizing the economic impact on our clients.
We have served as national coordinating counsel in class actions involving multiple states and federal districts. We have successfully used the Multi-District Litigation process to consolidate and transfer multiple litigations to one forum, achieving great efficiencies for our clients in the process. We are well versed in the unique procedural rules applicable to class and mass tort actions, and know how to use these rules to our clients' advantage. We have extensive experience managing electronic discovery and performing statistical analysis in complex litigation matters.
Our Class Action Practice is Deep and Broad
The lawyers in our top-ranked advertising and marketing practice regularly defend corporate and individual clients against class claims alleging violation of state and federal deceptive trade practices acts, unfair competition laws, and other consumer protection statutes, including claims related to labeling and health benefits.
In the securities area, we represent directors, officers, and corporations in class actions challenging corporate actions based on federal and state law, including claims arising from regulatory investigations, corporate transactions, and criminal investigations. We also defend clients in class actions claiming violation of privacy statutes – an area where lawyers from our award-winning privacy practice are key parts of the team. We regularly defend against class actions claiming antitrust violations, and violations of employee protection statutes and ERISA. We also have a long and successful history of handling multi-plaintiff litigations claiming product liability for pharmaceutical companies, medical device manufacturers, and others. Below, we highlight our experience in each of these substantive areas.
Companion Government Investigations
Class actions often proceed concurrently with regulatory and law enforcement agency investigations covering the same issues. Our bench of former prosecutors and regulators is particularly well positioned to lead our clients through the potential minefields presented by simultaneous class action litigation and government investigations or proceedings.
Our ranks include former prosecutors and regulators from the Department of Justice, the Federal Trade Commission, the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Department of Labor, the Internal Revenue Service, and the Office of the Comptroller of the Currency, as well as numerous former assistant U.S. attorneys and assistant state district attorneys. These attorneys bring the valuable insights they formed on the enforcement side to benefit our clients facing class action litigation. Indeed, many of these government alumni have experience enforcing the very statutes that form the basis for the class claims our clients face.
Practice Focus
- Advertising and marketing
- Antitrust class action defense
- California professional codes
- Employment litigation
- Privacy litigation
- Securities class action defense
- State attorneys general
Industry Focus
- Construction
- Financial services
- Food and beverage
- Hospitality and lodging
- Life sciences
- New media, media, and entertainment
- Pharmaceuticals
- Restaurant and food services