Key Contacts
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Trial-Court Litigation
Regardless of the subject matter, adversary or jurisdiction, our success in obtaining dismissals at the pleading stage, defeating class certification and winning on summary judgment or at trial reflects our forceful and sophisticated approach to class action litigation. Our sound judgment and reputation for credibility are crucial assets in pre-trial proceedings. We frequently handle cases that address cutting-edge certification issues and have defeated class certification motions or limited class exposure in precedent-setting cases. If a class proceeds, our deep trial experience positions us to win both jury and bench trials. Plaintiffs know we can, and will, take cases to trial. And WilmerHale’s dedicated in-house discovery solutions group works with our litigation teams to minimize cost and meet the growing challenges clients face in connection with discovery in the digital age. -
Multi-District Litigation
When companies are hit with class actions in multiple jurisdictions, it is critical to retain a law firm with capabilities that are national in scope. Our lawyers bring decades of experience handling complex class action cases and multi-district litigation (MDL) across the United States. We understand how to address the key issues that commonly arise in such cases, including how to navigate alternative venues for litigation, achieve early dismissals, minimize the burden of discovery, coordinate multi-jurisdictional class actions, manage MDL proceedings, defeat class certification, manage parallel regulatory proceedings, settle cases economically and neutralize challenges to their resolution, take cases to trial when necessary, and combat adverse publicity. -
Appellate Litigation
Our seasoned appellate lawyers regularly handle matters in federal and state appellate courts throughout the United States, and have argued more than 120 cases before the US Supreme Court. Our appellate practice has been honored every year since 2005 by Chambers USA, which calls our team a “bench of talent that is ‘impressive beyond belief.’” Class certification issues often present the first opportunity for appellate review in a federal class action, and combining our trial and appellate strengths allows us to shape class action litigation strategy from the outset to maximize the likelihood of ultimate success. -
Parallel Regulatory and Investigative Proceedings
We frequently handle class action cases that proceed in parallel with federal and state criminal investigations, agency enforcement proceedings, and related congressional proceedings. We understand the complex interplay between civil litigation and such parallel proceedings, and we have deep experience navigating those complexities. Our regulatory and legislative experience allows us to advise clients regarding the development of a coordinated strategy for achieving litigation, regulatory and business objectives in even the most complicated matters. -
International Scope
We have handled numerous leading class action cases that raise difficult international law issues and require that the litigation strategy mesh with political and diplomatic realities. We have experience working with the State Department, foreign governments and international tribunals to resolve cases that have global dimensions. -
Crisis Management
The filing of a major class action or multiple class actions often generates the need to respond to the media, Wall Street analysts and shareholders. We have extensive experience addressing these challenges sensitively and effectively. We are committed to working with clients to ensure that our litigation strategy meets their business needs.
Experience
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Achieved a significant victory for Meta by defeating class certification in a putative antitrust class action, effectively ending a $158.4 billion claim by Facebook users. If the class had been certified, it would have been one of the largest—if not the largest—class ever certified in US history at 220 million Facebook users.
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Achieved an important victory for Tetra Tech in the Hunters Point Naval Shipyard environmental litigation that involves over 400 homeowners alleging various claims related to the Shipyard by successfully defeating class certification.
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Achieved a complete victory in a putative consumer class action arising out of changes to an annual passholder program following the COVID-19 pandemic when, only a few weeks before trial, the court granted the defendant’s summary judgment in its entirety and denied plaintiffs’ motion for class certification.
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Achieved a complete victory for Bank of America in a consumer protection case seeking reimbursement of supposedly unauthorized Zelle payments when, after discovery, the Court granted the bank’s motion for summary judgment in its entirety.
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Achieved a complete victory in a high-profile antitrust case for our client the University of Pennsylvania which, along with seven other Ivy League schools and the athletic conference itself, were sued early last year by a putative class of student-athletes, when the court dismissed the action entirely with prejudice.
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Achieved a victory for The Hartford when, after three years of discovery, a plaintiff seeking rebate of property insurance premiums during the COVID-19 pandemic on behalf of a putative class of policyholders dismissed its action entirely on the eve of a hearing on pending class certification and summary judgment motions.
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Achieved significant victories for Meta when a Ninth Circuit panel upheld the dismissal of antitrust claims challenging Meta’s acquisitions of Instagram and WhatsApp and its policies governing developer access to Facebook’s platform, and when the California Superior Court granted summary adjudication to Meta entirely in a putative class action of Facebook advertisers bringing RICO claims arising out of Facebook app developer agreements.
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Achieved a victory for Navy Federal Credit Union in a putative nationwide class action lawsuit alleging discrimination in lending practices where the court granted dismissal of most of plaintiffs’ claims on a motion to dismiss and granted a motion to strike their class action allegations.
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Obtaining dismissals with prejudice of a purported derivative and securities fraud class action against a pharmaceutical company, its management and board of directors related to the clinical trials and FDA approval prospects of its cancer treatment drug.