Canada United Kingdom United States

 

Canada

  • BDO USA LLP in a proposed class action commenced in Ontario alleging violations of securities laws with respect to purchases and sales of shares of a publicly traded international company in the secondary market. The plaintiffsagreed to dismiss this class action against BDO
  • Sino-Forest Corporation in a secondary market class action brought by shareholders in relation to allegations against senior officers of fraud in the company’s business activities in China
  • Bristol-Myers Squibb in a proposed class action that the Province of British Columbia filed in August 2018 in the provincial Supreme Court against 40 defendants− international pharmaceutical companies, distributors and retailers who are alleged to have manufactured, distributed, marketed, promoted or sold opioids in British Columbia. The province is seeking to recover all healthcare, pharmaceutical and treatment costs in Canada related to opioids during the period from 1996 to the present and is seeking disgorgement of all of the defendants’ gains resulting from the alleged wrongful conduct
  • Pfizer in a proposed proton-pump inhibiter class action filed in Ontario; we are acting for Pfizer on the PPI matters in the US
  • Pfizer and Bristol-Myers Squibb in a proposed class action commenced in Manitoba which asserts a variety of common law claims and statutory breaches (including breach of the Competition Act) with respect to Eliquis, an anti-coagulant drug approved for use in Canada. We are acting in parallel litigation brought in the US
  • Air Canada, Lufthansa and Delta Airlines, Inc. in three separate class actions commenced in British Columbia with respect to international fuel surcharges levied on international air travel tickets over a 10-year period. The certification application before the Supreme Court of British Columbia was dismissed and the Court of Appeal upheld that decision
  • Porsche AG in class actions commenced in Nova Scotia, Quebec and British Columbia involving consumer claims relating to diesel engine emissions. These actions were settled in 2018
  • Nongshim Co. Ltd. in class actions commenced in both Ontario and British Columbia alleging criminal conspiracy/price fixing with respect to Korean noodles
  • Air Canada in a proposed class action commenced in Saskatchewan in which alleging a conspiracy with respect to first bag fees for domestic flights
  • Intellipharmaceutics International Inc. in a proposed secondary market class action in Ontario brought by shareholders regarding alleged misrepresentations in public statements.This action is ongoing
  • An international computer and electronic device manufacturer in a proposed class action brought in British Columbia related to breach of privacy allegations involving Facebook
  • Timminco Secondary in a market class action brought by shareholders in relation to alleged misrepresentations in Timminco's financial statements.The case was effectively dismissed on limitation periods, with the Court of Appeal decision becoming the leading case on the issue

United Kingdom

  • Groups of institutional investors in relation to claims and other contentious issues arising from the collapse of Abraaj Private Equity
  • Unilever in successfully resisting the imposition of liability for mass claims arising out of an attack by armed invaders on the plantation operated by an indirect subsidiary in Kenya
  • Miller Argent (an open cast mining company) in successfully resisting an application for a group litigation order made on behalf of 500 residents of Merthyr Tydfil who sought to bring claims of private nuisance in relation to a land reclamation site
  • A global bank in resisting an attempt to join it into a group litigation order involving claims for breach of contract and misrepresentation arising from allegedly faulty silicone breast implant surgeries.Our work includes advising the bank on, and managing, a bespoke settlement process
  • A global bank, defending discrimination claims brought under the Equality Act 2010 (UK) by Iranian and Pakistani nationals in relation to the termination of banking facilities
  • A global bank, defending mass claims alleging the unenforceability of credit agreements
  • A UK card acceptance service provider on a data compromise involving an American retail chain, which affected over 50 million cards.Our work focussed on potential tortious and contractual liability, including monitoring US class actions, reputational issues and advising on fraud liability
  • Financial institutions in relation to mass mis-selling claims involving allegations of unfair relationship and/or fraudulent misrepresentation
  • Multiple financial institutions and global companies, defending mass claims brought under the EU General Data Protection Regulation for data breaches

United States

Antitrust

  • Won a significant victory for one of the world’s top public restaurant brands in a putative nationwide class action asserting that the client violated the antitrust laws and suppressed employees’ wages by inserting “no-poach” provisions into its franchise agreements. the Court granted our motion to compel arbitration and dismissed the matter, and the Sixth Circuit affirmed the dismissal in June 2020.

  • Won dismissal with prejudice for a global food company in an antitrust claim brought by a putative class of consumer plaintiffs in an ongoing MDL in the US District Court for the District of Columbia.

  • Represent insurance company in a putative class action alleging the client and other major global insurers conspired with bail bond agents, with industry trade groups, and with named and unnamed executives in the insurance sector to fix and artificially inflate the price and rate of bail bonds in California over a 30 year period.

Automotive

  • Won two motions to dismiss for major global automobile manufacturer in a nationwide putative class action involving certain allegedly defective vehicles in the US District Court for the Southern District of Florida.
  • Won motion to dismiss for major automobile manufacturer involving an alleged exhaust defect in the police interceptor version of the client’s vehicles, which allegedly permitted exhaust gases to enter the passenger compartment, resulting in alleged injuries to the operators of the vehicles.
  • Represent Korea-based automotive parts company and its US-based affiliate in multiple nationwide putative class actions coordinated into an MDL proceeding in the US District Court for the Central District of California arising from allegedly-defective airbag control units.
  • Represented major global automobile manufacturer against a putative class action alleging that certain brand vehicles were sold with wireless key fobs that were defective because they were susceptible to being “hacked” by third-party criminal actors. 

COVID-19

  • Won a motion to dismiss for the largest German airline in two nationwide putative class actions filed in the wake of the COVID-19 pandemic, alleging the airline breached the parties’ contracts by either not providing refunds or not providing refunds quickly enough.  The plaintiffs filed amended complaints and the motions to dismiss those claims are pending.
  • Represent global airline in a putative nationwide class action filed in the Southern District of New York alleging breach of contract arising from flight cancellations caused by COVID-19 and associated governmental regulations.
  • Represent global airline in a putative nationwide class action filed in the Northern District of Illinois alleging breach of contract arising from flight cancellations caused by COVID-19 and associated governmental regulations.
  • Defending a theme park and other attractions, including their vacation package affiliates, in two nationwide class actions seeking refunds of tickets and vacation packages due to COVID-19 government shutdowns and restrictions.
  • Represent insurance company in a series of threatened or filed putative class action lawsuits arising from claims of wrongful denial of business interruption coverage based on alleged losses incurred due to the COVID-19 pandemic.
  • Represent higher education institution in the defense of four putative nationwide class actions filed in the SDNY seeking a return of tuition for the period after Covid-19 and applicable governmental regulations forced university to transition to remote learning. These cases assert claims for breach of contract, unjust enrichment, and conversion. Client intends to move to dismiss.

Consumer Goods (includes Food and Beverage and Retail)

  • Won dismissal of a putative nationwide class actions filed against a CBD company in the Southern District of Florida. The plaintiffs alleged violations of New York and Florida consumer protection statutes, breach of express warranty, unjust enrichment, and fraud related to allegations of improper labeling of CBD levels. We are now defending a new case in the Central District of California alleging similar claims, including violations of the California and Florida consumer protection statutes. 
  • Won a motion to dismiss for internationally known brand and supplier of almond products in a putative consumer class action in the Eastern District of New York, which alleged that it deceptively marketed one of its products based on misimpression of the packaging. 
  • Won successive motions to dismiss a putative class action against global multi-brand, multi-channel, specialty retailer. and its affiliates in a lawsuit brought under the Fair and Accurate Credit Transactions Act (FACTA) in the District of New Jersey and a copycat lawsuit filed in state court in Illinois. The plaintiff alleged the client violated FACTA by printing the first six digits and last four digits of his card number and sought statutory damages of $100 to $1,000 per violation; the Third Circuit affirmed the dismissal of the claims for lack of Spokeo standing.
  • Represented US-based chain of fast casual restaurants against plaintiffs claiming that restaurant misled them by marketing its products as “non-GMO” and “GMO-free,” because the products allegedly contained protein products from animals raised on GMO feed and dairy products from those animals. The class sought over $30 million in actual damages plus statutory damages in the billions.  DLA moved to decertify the class and with that motion pending settled the action on a class wide basis for $6 million.
  • Represent leading national fitness gym operator and franchisor, in a series of putative class actions filed under the Telephone Consumer Protection Act (TCPA). In large part due to its aggressive early motions practice, DLA Piper was able to secure relatively small individual settlements in three of the four putative class actions.
  • Defending a leading retailer in a putative class action involving an alleged violation of California consumer protection statutes arising from the retailer’s holiday layaway policy.
  • Represented a leading retailer in two consumer class actions relating to alleged violations of California consumer protection statutes arising from restrictions on purchases of gift cards and manufactured spend schemes. 

Data Privacy and Data Security

  • Won a motion to dismiss for a global airline of a putative class action in the Eastern District of New York arising from a data breach.  The plaintiffs alleged claims of negligence, New York’s consumer protection statute, and breach of contract, all of which the Court dismissed.
  • Obtained favorable resolution for a global airline in the defense of a putative class action complaint in state court in California on behalf of all California residents who called its customer service line while in California.  The complaint asserted one cause of action for violation of California’s Invasion of Privacy Act, and in particular California penal code section 632.7, unlawful recording or monitoring of calls. We convinced the plaintiff’s counsel to dismiss the complaint without the necessity of an motion to dismiss.
  • Won summary judgment for a data and analytics solutions company in a putative class action alleging violations of federal privacy legislation, the Driver’s Privacy Protection Act (“DPPA”). The DPPA provides for statutory damages of $2,500 per violation, so damages could have reached into the billions had the plaintiffs been able to prove that the DPPA applied and that there was a violation.
  • Representations of one of the three national credit bureaus defending against various putative class actions for claims arising from targeted marketing activities for violation of federal statutes, consumer protection statutes and state privacy common law and in MDL proceedings and separately, in an action for damages in excess of US$150 million for alleged corporate fraud and breach of contract.
  • Representations of leading on-line reputation platform company defending against numerous putative class actions across the country for claims arising from the alleged gathering of public information and development of reputation profile for more than 300 million individuals alleged to be in violation of FCRA, right to publicity statute, defamation and common law privacy claims.
  • Represented an US-based multinational package delivery and supply chain management company in matter alleging improper recording of telephone calls. The case resolved on favorable terms.

Employment/ERISA

  • Won two ERISA class actions for an educational institution in the Southern District of New York.  We won the first case at trial and the second on a motion to dismiss.
  • Represent payroll management services company and subsidiary in two ERISA putative class actions pending in the District of New Jersey.
  • Represent US-based multinational diversified hospitality company in two putative class actions; one in the District of Maryland and another in the Middle District of Florida. Notably, class certification was defeated in the first case, a very rare victory in ERISA litigation.
  • Represent telecommunications company in an ERISA class action currently pending in the Southern District of New York and in a putative class action in the Northern District of Illinois that was at motion to dismiss.

Employment/PAGA

  • Represent national chain restaurant company against a putative class action alleging failure to provide meal and rest breaks, failure to reimburse business expenses, unpaid overtime, and related penalties.  A subsequent plaintiff filed a PAGA action alleging the same claims. We consolidated the cases, defeated the plaintiffs’ motion for class certification (affirmed on appeal), and negotiated an advantageous settlement of the remaining claims.
  • Represent food and beverage company against a putative class action and PAGA complaint alleging unpaid overtime, meal and rest period violations, and other claims. 
  • Represent national manufacturing client against a putative class and PAGA action for failure to provide meal periods and failure to provide rest breaks. We successfully limited discovery and achieved an advantageous settlement following mediation.

Employment/Wage and Hour

  • Won a wage and hour class action after a five-week jury trial resulting in a hung jury and then through a subsequent bench trial.
  • Won dismissal of a putative wage and hour class action involving a nationwide class consisting of thousands of employees.
  • Defense of a New York-based fast-food franchisee in connection with a putative class and collective action brought by former employees alleging various wage and hour law violations under the Fair Labor Standards Act and New York Labor Law, including failure to make overtime payments, tip-pooling violations and purported pay docking of store managers and assistant managers for working less than a set number of hours per week.
  • Filed proactive motion to preclude class certification resulting in dismissal of all class action and collective action allegations under state and federal law.
  • Represented the retail arm of a global energy company in two large wage and hour class actions filed in Los Angeles (16,000 and 5,000 employees, respectively).

Financial Services

  • Won victory for a residential mortgage lender in a nationwide putative class action in federal court in Seattle involving allegations of violations of the TCPA that sought alleged damages of $40 billion.
  • Representation of major debt collection company in multi-district litigation pending in the United States District Court, Southern District of California, against TCPA claims.
  • Represented a US-based information brokerage firm in a class action alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act arising from allegations regarding the gathering of information regarding consumers.
  • Represented a financial services broker in MDL class action involving antitrust, RICO, and state tort claims arising from alleged fraudulent disclosure practices. Obtained a favorable settlement after three successful motions to dismiss and a Third Circuit appellate decision in our client’s favor.

Hospitality and Travel

  • Won motion to dismiss for North America hospitality company without leave to amend.  In the action, plaintiff alleged, on behalf of himself and a putative nationwide class, that the company violated the Fair and Accurate Credit Transactions Act (“FACTA”) by printing the first six digits of credit card numbers on receipts, purportedly putting plaintiff at risk of identity theft. 
  • Won a motion to dismiss for a global airline of a putative class action in the Eastern District of New York arising from a data breach.  The plaintiffs alleged claims of negligence, New York’s consumer protection statute, and breach of contract, all of which the Court dismissed. 
  • Represent one of the largest hotel franchisors in the world in a putative class action filed on behalf of purchasers of timeshare interests.  Plaintiffs initially filed suit in the Northern District of Illinois, alleging breach of contract, fraud, and statutory consumer protection claims on behalf of a nationwide class of timeshare purchasers in connection with purported misrepresentations made to them during sales presentations.
  • Won a motion to dismiss for the largest German airline in two nationwide putative class actions filed in the wake of the COVID-19 pandemic, alleging the airline breached the parties’ contracts by either not providing refunds or not providing refunds quickly enough.  The plaintiffs filed amended complaints and the motions to dismiss those claims are pending.
  • Represent global airline in a putative nationwide class action filed in the Southern District of New York alleging breach of contract arising from flight cancellations caused by COVID-19 and associated governmental regulations.
  • Represent global airline in a putative nationwide class action filed in the Northern District of Illinois alleging breach of contract arising from flight cancellations caused by COVID-19 and associated governmental regulations.
  • Represent global leader in vacation properties in a putative class action alleging misleading and deceptive rebate program could be used at any brand property. The matter settled on a class-wide basis.
  • Defending a theme park and other attractions, including their vacation package affiliates, in two nationwide class actions seeking refunds of tickets and vacation packages due to COVID-19 government shutdowns and restrictions.

Insurance

  • Won reversal for prominent personal lines insurance company from the Seventh Circuit of a class certification order in an putative class action asserting claims of securities fraud. The appellate court agreed with our argument that the district court failed to properly apply the Supreme Court decision in Halliburton II and erred in failing to consider defendants’ evidence that the alleged misrepresentations that are the basis for plaintiffs’ claims of fraud had no price impact.
  • Serve as national counsel for US-based insurance company in connection with series of putative class action claims involving client’s rating practices for auto insurance.
  • Represent insurance company in a series of threatened or filed putative class action lawsuits arising from claims of wrongful denial of business interruption coverage based on alleged losses incurred due to the COVID-19 pandemic.
  • Obtained dismissal of a lawsuit for world's leading insurance market provider in which the plaintiff sought insurance coverage under an excess directors and officers insurance policy issued by client.  The court held that the terms of the plaintiffs’ settlement did not prove that the full $10 million in underlying insurance coverage had been exhausted by payment as required by the terms of the client’s excess policy. 
  • In a long-running securities class action filed in the US District Court for the Southern District of New York against life insurance company, Inc., its directors and officers, and certain underwriters for client’s common stock offerings in 2010 and 2011, the parties entered into a definitive settlement agreement in June 2020.  Our clients, the underwriter defendants, will make no contribution to the settlement.

Life Sciences

  • Represented two major pharmaceutical companies as national counsel in multi-district litigation involving their blockbuster anticoagulant Eliquis – more than 140 lawsuits filed on behalf of more than 200 plaintiffs. We obtained a dismissal from the Southern District of New York of the lead case in the MDL in its entirety.
  • Represented pharmaceutical company in putative class action alleging securities law violations. The class action is broad and raises issues of securities fraud and common law fraud in connection with clinical trials involving a serious breakthrough in the treatment of breast and lung cancers.  
  • Represent French multinational pharmaceutical company in multiple nationwide class action cases filed by consumers and Third Party Payors, alleging that a major heartburn medication contains and/or is contaminated with a possible carcinogen. The cases are consolidated in an MDL proceeding based in federal court in the Southern District of Florida.

Product Liability

  • Won dismissal for US-based industrial company in a mass action filed in Philadelphia, Pennsylvania, by 247 plaintiffs seeking damages in the aftermath of the largest tragedy in the U.K. since World War II: The Grenfell Tower fire in London in 2017.  After the defendants removed the case to federal court, the United States District Court for the Eastern District of Pennsylvania granted their motion to dismiss for forum non-conveniens.
  • Represent the consumer products subsidiary of major global pharmaceutical company in a class action matter alleging false advertising and product defects relating to a topical pain reliever product.
  • Represent a global manufacturer of orthopedic medical devices in a nationwide class action matter alleging false advertising and product defects relating to several “walking boot” products manufactured and marketed by company.

Securities

  • Won dismissal of a putative securities class action complaint for biotechnology company. The court agreed with our argument that all of the challenged statements, which concerned the total addressable market for client’s products, were forward-looking and therefore were subject to the statutory safe harbor provided in the PSLRA.
  • Won dismissal of a securities class action complaint for US-based food company.  The court rejected plaintiffs’ allegations of securities fraud based on alleged “channel stuffing.”
  • Won dismissal of all claims asserted in a putative securities class action against insurance company and its senior officers finding that plaintiffs had failed to allege either any materially false or misleading statement regarding the company’s insurance reserves or that any of the defendants acted with scienter.
  • Represent toy manufacturer, its board of directors and its CEO in seven putative securities class actions all of which allege false statements and omissions in connection with company’s initial public offering.

Technology and Telecommunications

  • Won dismissal with prejudice in 11 consolidated nationwide putative class actions alleging that a consumer electronics manufacturer improperly and unlawfully accessed and damaged gaming consoles through a software update intended to disengage a feature allowing users to run Unix and other platforms on a non-native operating system.  The Court concluded that our client had not engaged in an unauthorized intrusion of the class members’ computers and thus had no liability under the federal Consumer Fraud and Abuse Act (“CFAA”) and California consumer protection statutes, or for California common law fraud, trespass or unjust enrichment.
  • Defending China-based television manufacturer, against a multi-state false advertising consumer class action concerning the “refresh rate” specifications for LED/LCD televisions.
  • Represent a people finder website in the defense of multiple putative class actions in state and federal courts across the country asserting claims based on defamation, misappropriation of likeness, and/or invasion of privacy under the Fair Credit Reporting Act, the Illinois Right of Publicity Act, the NJ Truth in Consumer Contract, Warranty and Notice Act, and various common-law theories. The plaintiffs generally allege that the people profiles on MyLife’s website are inaccurate and disclose private information about the plaintiffs without the plaintiffs’ consent.
  • Represented a national e-commerce marketplace and several of its merchant partners in a series of nationwide class action lawsuits filed on behalf of over 14 million customers, alleging violations of federal and state consumer and gift card laws. The actions were consolidated into a multidistrict litigation proceeding in federal court in the Southern District of California. Following initial discovery and motion practice, the parties entered into a hard-fought yearlong mediation process, culminating in an agreement to resolve the litigation in its entirety.
  • Representations of Fortune 10 technology company defending against various putative class actions asserting claims for geolocation tracking, voice-activated assistants, facial geometry scans or alleged collection and possession of biometric information in violation of Biometric Information Privacy Act.