Capabilities

Class Actions

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Representing defendants in class action litigation demands a level of strategic skill and legal acumen that is the hallmark of our firm. Our attorneys are known for developing innovative ways to defeat class actions and extricate clients from inappropriate and unfavorable forums. We have defeated efforts to certify classes based on claims of economic injury by purchasers of harmful products, claims that reliance can be presumed in a fraud case, and the use of public nuisance to aggregate claims without the procedural protections of class action rules.

Arnold & Porter Kaye Scholer has defended hundreds of class actions and other cases involving aggregate claims lawsuits. We have prevailed on dispositive motions, class certification motions, at trial, and on appeal for clients such as Atlantic Richfield, BP Products North America, Charles Schwab, ExxonMobil, General Electric, Honeywell, Norfolk Southern, Novartis, Pfizer, Philip Morris USA, and VISA. We also have developed and implemented settlements where a negotiated resolution was the preferred outcome for our client.

Arnold & Porter Kaye Scholer attorneys have handled class action and other aggregate claims litigation brought by governmental and private parties represented by leading plaintiffs' firms in federal and state courts throughout the United States. We have served as national coordinating counsel and as lead counsel in multidistrict litigations. Our litigators represent clients in many different industries, including accounting, automotive, banking, chemicals, consumer products and retail, energy, food and beverage, industrial products, pharmaceuticals, retail, transportation, and technology. We have defended cases running the gamut of substantive legal areas, for example, antitrust, consumer protection, data breaches, environmental, financial services, product liability, and securities.

Our litigators are widely recognized as leaders in the field by prominent publications such as Chambers USA, The Legal 500, and Best Lawyers in America.

Experience

Kohl's Department Stores Chowning v. Kohls Department Stores, Inc.

Defended against putative price comparison class action.

Whirlpool Corporation Day, et al. v. Whirlpool Corporation; and Kralicek and Flusche, et al. v. Whirlpool Corporation

Co-counsel in class and mass tort actions over TCE contaminated groundwater.

Samsung Electronics America Carlson v. Samsung Electronics of America

Represent client in pending class action litigation.

Barnes & Noble, Inc. Data breach

Successfully represented client in a data breach involving PIN pad skimming.

Philip Morris USA Light cigarette class action litigation

Successful defense of class actions, including trials and appeals, associated with the purchase of light cigarettes.

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Perspectives

Recognition

Law360
Litigation Powerhouse (2016)
U.S. News & World Report and Best Lawyers
"Best Law Firms" for Commercial Litigation (Colorado, DC, Los Angeles, National, New York, San Jose, San Francisco) (2010-2016)
Chambers USA
Litigation: General Commercial (2004-2016)
Overview

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