Class Action

Healthcare

• Represented large regional health system in connection with an action seeking entry of a consent judgment to resolve state and federal antitrust claims and permit acquisitions of two community hospital systems.
• Successfully represented a leader in healthcare reputation management in a class action case alleging violations of California’s Unfair Competition Law (UCL), the Confidentiality Of Medical Information Act (CMIA) and the TCPA. Secured a full motion to dismiss on behalf of client.
• Successfully settled a class action on favorable terms in which our client, a global leader in dental technology and instrumentation, was sued for alleged violations of the Telephone Consumer Protection Act (TCPA) for sending unsolicited faxes.
• Defended a national administrator of preferred provider organization (“PPO”) networks in a putative class action alleging that our client violated the TCPA. We won a full dismissal of the lawsuit on the pleadings on the grounds that the alleged conduct of our healthcare industry client did not fall within the prohibitions of the TCPA. The potential exposure on the dismissed claims was $65 million–before trebling.

Insurance and Financial Services

• Represented a major commodities broker in a class action brought in Florida state court. After twice dismissing the complaint and granting plaintiffs leave to replead, the court finally dismissed all claims with prejudice and awarded our client its costs and attorneys' fees. The appellate court affirmed.
• Served as counsel for a group of private equity firms named as defendants in an antitrust class action alleging that the defendant private equity firms and investment banks conspired to fix prices and allocate market share in the market for the acquisition of shares in companies being sold through leveraged buy outs.
• Obtained summary judgment on behalf on an insurance company and an order of sanctions against plaintiff in connection with a class action alleging failure to properly coordinate benefits under defendant's auto insurance policies.
• Represented Western Union in a class action for unfair business practices. Successfully settled on an individual basis on the eve of filing a motion to dismiss without any discovery.
• Successfully defended Citizens Bank against putative class allegations of aiding and abetting fraud and breach of fiduciary in connection with a $100 million Ponzi scheme. The Western District of NY dismissed the complaint, with prejudice. The dismissal was upheld by the Second Circuit Court of Appeals.

Life Sciences

• Successfully represented Vertex Pharmaceuticals, Inc. in a securities class action complaint filed against Vertex and the company’s senior executives by Local No. 8 IBEW Retirement Plan and Trust. We successfully rebuffed plaintiffs twice in the District Court, ultimately securing victory when the First Circuit affirmed the dismissal of claims, in a decision crystalizing the standard required to plead scienter in securities fraud cases.
• Represented a global pharmaceutical manufacturer in a highly publicized antitrust MDL class action antitrust litigation, which was the first alleged pharmaceutical “pay-for-delay” case to go to trial since the Supreme Court articulated a new controlling legal standard in its 2013 decision in FTC v. Actavis. Case settled on favorable terms.
• Defended a global manufacturer of over-the-counter health and beauty products in a class action alleging false and misleading statements on labels of homeopathic products, brought under California (UCL, FAL, CLRA) and Florida (FUDTPA) consumer protection laws.
• Obtained a defense jury verdict in a class action on behalf of a prominent biotech corporation and a CEO charged with violation of Section 10(b) of the Securities Exchange Act of 1934.
• Represented a pharmaceutical company in an antitrust alleged pay-for-delay class action.

Real Estate, Construction, Hospitality & Infrastructure

• Representing a putative class of buyers and sellers of residential real estate in New York who allege that a leading real estate brokerage firm breached fiduciary and statutory duties by representing both parties in the same transaction, a practice known as dual agency, without first making the necessary disclosures and obtaining their informed written consent.
• Defeated a motion for class certification and obtained summary judgment on claims brought by a putative class of tenants of a residential realty company asserting violations of the Massachusetts utility submetering laws and the Massachusetts consumer protection act, chapter 93A.
• Represented The Hotel on Rivington Managing Member Corp., a NY hotel, in connection with a class action alleging ADA violations. Achieved extremely favorable settlement where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
• Represented Thayer Hotel at West Point for alleged ADA violations on this copycat lawsuit. After filing a pre-motion letter stating Plaintiff lacked standing to sue, we successfully obtained a voluntary dismissal before the in person conference with the Judge to discuss the Motion to Dismiss.

Retail and Consumer Products

• Successfully excluded expert witness report under Rule 702 involving alleged damages in a false advertising case, which resulted in denial of class certification in the Central District of California on behalf of a multinational restaurant chain.
• Lead counsel in a class action brought against one of the world’s largest providers of oral care products. Secured a dismissal of all claims against our client, including a rare dismissal of claims brought under the California Consumer Legal Remedies Act, as well a sanction for attorney’s fees.
• Successfully represented adidas America Inc. in arguing against certification of a class action suit alleging a defect in one of the company’s popular running shoes.
• Defeated class certification in federal court action in California alleging false and misleading marketing based on fraud, unfair competition (§ 17200), and warranty theories. Action was pending less than nine months when the court rejected class certification.
• Represented Perfumania, Inc. in a nationwide class action pertaining to alleged violations of the TCPA, with the plaintiffs seeking between $10 million and $20 million of damages. The case presented novel issues of liability under the TCPA, as well as standing to pursue class under the Supreme Court decision in Spokeo and its progeny. We mounted a spirited defense and obtained a settlement at a very small fraction of the claimed damages.
• Represented an American retail and pharmacy chain in an antitrust class action alleging unfair restriction for participation in a Rhode Island pharmacy network. We obtained summary judgment for the defendants, which was affirmed on appeal.
• Defended a consumer goods corporation in a putative class action alleging false and misleading statements on labels of various home care products, brought under New York (GBL §§ 349, 350) consumer protection laws.
• In a consumer privacy class action, we obtained an order to decertify plaintiff class, successfully arguing that the failure of lead plaintiff and his counsel to prosecute the action diligently had violated their duty to provide adequate representation to the class. This eliminated all class-based claims in this landmark privacy class action.
• Represented an American food and beverage manufacturer in a class action in which the plaintiff claimed the labeling misrepresented the actual ingredients in the product. Our motion to dismiss was granted with prejudice and we later won on summary judgment.
• Represented Hot Topic, a clothing retailer, in a class action alleging that Hot Topic sent texts to customers without prior express consent and thus violated the TCPA. Matter was resolved via a favorable class-wide settlement, which included a $1,485,000 reverter to the company.

Sports and Entertainment

• Successfully represented Spartan Race, Inc., in a Florida federal court class action alleging misleading representations concerning an allegedly misleading registration fee charged to racers. Strong opposition to class certification resulted in resolution with no payment by client.
• Represented The Los Angeles Lakers in a TCPA class action. Motion to dismiss granted with prejudice.
• Represented MOSEX, a NYC museum, in a nationwide ADA class action. Successfully negotiated a favorable settlement where blind plaintiff claimed defendant’s website was inaccessible based on lack of JAWS screen reader compatibility.
• Represented Life Time, Inc., a chain of luxury athletic resort health clubs, in a class action alleging violations of ADA. Succeeded in having plaintiff withdraw the case (voluntary dismissal with prejudice) based on website’s established compliance with the WCAG 2.0 accessibility standard.

Technology

• Successfully represented a software and private cloud services provider in a TCPA class action brought in the Northern District of California. Secured a settlement agreement with no admission of wrong doing and a settlement amount of $2 million, a small fraction of the estimated potential liability.
• Currently representing Yelp, Inc. in a TCPA class action filed in the Northern District of California alleging the company called the plaintiff multiple times, despite their number being listed on the National Do Not Call registry.
• Defended class action alleging unfair business practices in sale of memberships to activity and event platform. Case settled on terms favorable to client.
• Represented the former officers and directors of The Learning Co. (TLC) in a shareholder class action alleging violations of Section 11 of the '33 Act brought by former shareholders of Broderbund, Inc., a company previously acquired by TLC.  We prevailed at the motion to dismiss stage, advancing a novel legal argument demonstrating the lack of legally cognizable damages. We secured an affirmance of the dismissal on appeal.
• Represented a software company in a class action relating to alleged fraudulent revenue recognition. The jury returned a verdict for the class and the case was subsequently settled with motions for a new trial pending.
• Served as lead counsel for a major telecommunications carrier in dozens of district court class action cases under section 332 of the Telecommunications Act of 1996, successfully reversing citing decisions of city and county government agencies denying deployment of cellular network systems.
• Obtained summary judgment on behalf of Yelp! in a putative class action alleging violations of the California Invasion of Privacy Act (CIPA).

Transportation

• Secured a summary judgement in the Southern District of New York on behalf of the Triborough Bridge and Tunnel Authority as well as The Port Authority of New York and New Jersey in a class action alleging the defendants had used a cashless toll system to charge individuals with violation fees without adequate notice.
• Successfully defended Carnival Corporation in a TCPA class action, brought by plaintiffs alleging that the company had violated the TCPA through the use of automated telephone calls to individual consumers without their express consent.
• Represented a car dealership in connection with a class action alleging violations of the Massachusetts State Wage Act and common law violations in connection with overtime compensation of commissioned sales staff.
• Represented the operator of a commuter rail system in connection with a class action brought by pass holders alleging damages arising from weather-related service interruptions.