When a business crisis arises—whether in the form of a government investigation, a damaging media report, allegations of fraud, customer injuries, a data breach or cyberattack, or another high-profile incident—class actions routinely follow. Major class actions can also independently present crisis-management situations, creating not only significant financial exposure but also challenges to vital aspects of a client’s business model and reputation, as well as the possibility of follow-on government investigations and other lawsuits, including “copycat” class actions and securities or derivative claims.
Whether class action lawsuits give rise to a crisis or follow from other events, it is critical that they be addressed—both in the short and long term—with a comprehensive strategy formulated in the broader context.
We have experience litigating and managing complex, multidistrict class action litigation as part of high-profile business crises. For example, we have served as national coordinating counsel and/or lead trial counsel in high-stakes class action product liability litigation, including actions related to silicone breast implants, alleged automotive unintended acceleration, a variety of construction products, latex, and diacytel, among others. In financial services, we defend banks and other financial institutions in claims alleging violations of significant US federal and state consumer protection statutes. We regularly defend pharmaceutical and medical device companies in class actions, including actions challenging promotional and marketing practices that threaten the ongoing viability of the product at issue.
Morgan Lewis has one of the preeminent class action defense practices in the United States, with an established history of winning class actions or securing dismissals for clients across myriad industries and in almost every area of law. Law360 recognized our practice as a “Class Action Practice of the Year” from 2013 to 2015—one of only two firms to receive this recognition for three consecutive years. In 2015, BTI Consulting Group named us as one of three class action “Powerhouses,” and we were chosen as a “2016 Consumer Class Action Practice of the Year” in California by The Recorder.Our class action litigators work as part of a seamless team that draws on the talent and experience of our colleagues across other leading Morgan Lewis practices with substantial industry knowledge relevant to the legal challenges at hand. This enables us to both assist our clients in developing the optimal approach to resolving the crisis and address the resulting litigation, allowing them to return to “business as usual” as soon as possible.