Class Action Defense

Class actions involve one or more class representatives asserting claims on behalf of themselves and other class members. While the representative’s claim may be small and rest on dubious grounds, magnified through the lens of a class action lawsuit, it can pose a serious threat to even the most stable companies. Despite the dangers class actions involve, they offer unique opportunities experienced counsel can use to minimize the danger and bring the client to safety.

Often, the initial response to a plaintiff’s demand is critical, as it can steer the case to an early resolution. When early resolution is not possible or appropriate, Klein & Wilson LLP has expertise conducting early motion practice to narrow or eliminate the plaintiff’s claims, aggressively conducting class and merits discovery, defeating motions for class certification, and engaging in other dispositive motions practice. While trials in class actions are rare, they do happen. In such cases, Klein & Wilson LLP’s extensive trial experience in successfully prosecuting and defending complex litigation is an invaluable asset for clients.

Klein & Wilson LLP handles class action litigation in a variety of areas, including:

• claims based on false advertising, fraud, and consumer protection theories;
• product mislabeling actions;
• “Made in USA” actions;
• Telephone Consumer Protection Act (TCPA) actions;
• securities class actions; and
• antitrust actions.

When faced with a class action, many sophisticated clients hire the largest and most expensive law firms with a perceived specialty in this area. This is often a mistake. In addition to the fact that these firms charge fees that can make protracted litigation cost prohibitive, they often fail to see the forest for the trees, engaging every litigation activity possible without a guiding strategy.

Klein & Wilson LLP adopts a different approach. If the case cannot be resolved before filing, then Klein & Wilson thoroughly evaluates the case promptly, providing the client with a proposed strategy through class certification and trial, recommending the litigation activities that will bring value to the client’s defense, and giving the client a clear analysis of the potential expense of its litigation plan, so it can make informed decisions.