Class Action Defense

"BakerHostetler brings tremendous value to the table. They provide first-rate service, and I am always confident that they possess the intellectual wherewithal that our company would require on any matter."
– Chambers USA 2012

When millions—or even billions—of dollars are on the line, clients choose BakerHostetler’s Class Action Defense team based on our track record of early victories achieved through defeat of class certification, securing dismissal of the claims of the class representatives, and negotiating favorable settlements.

Our seasoned litigators represent organizations in high-stakes, statewide, and nationwide class action litigation in every facet of class action proceedings—from removal under the Class Action Fairness Act, to motions to dismiss, class certification proceedings, discovery, trial, settlement, and appeal. We are known for supervising the administration of class action settlements with classes comprising millions of members.

At trial, our litigators go to battle armed with solid defense strategies and have a scorecard of class action litigation victories and appellate wins in circuit and state supreme courts. Strong relationships with local counsel, witnesses skilled in relevant subject matter, and due process testimonial specialists throughout the country are an integral part of our defense arsenal.

We offer an interdisciplinary approach that seamlessly combines the sharp procedural skills of our litigators with the hands-on experience and in-depth regulatory knowledge of practice-specific teams to provide comprehensive service in all areas of class action litigation. Working with our privacy and data protection lawyers, we successfully defended some of the most significant data breach class action cases in the country on behalf of large, national financial institutions and top healthcare organizations. For more detailed information about our class action practice in each area, visit the following pages:

We also defend clients in class action cases relating to antitrust matters, employment, environmental matters, and securities.

Select Experience

  • Successfully defended a major telecommunications company in a nationwide class action brought by retailers seeking unpaid sales commissions. Working in cooperation with attorneys from two other law firms and numerous experts, we were successful in mitigating the effects of electronic discovery sanctions imposed prior to the firm’s involvement in the case and the case was settled on favorable terms for the client weeks before it was scheduled to go to trial.
  • Defeated class certification in a landmark class certification analysis conducted by the Ohio Supreme Court that makes it more difficult to certify classes in Ohio. In its decision, the court expressly adopted recent U.S. Supreme Court precedent, holding that Ohio trial courts may need to review the merits of a plaintiff’s claim when reviewing a class certification motion. The court also rejected overly broad classes in which some members were not harmed and held that a trial court’s denial of certification should be affirmed, even if it was denied for improper reasons.
  • Defeated class certification for a major insurance company in a consumer fraud class action involving the sale of uninsured/underinsured motorist coverage.
More »

Professionals

Name Title Office Email
Robert G. Abrams Partner Washington, D.C.
Stanley C. Ball Associate Cleveland
Mary Price Birk Partner Denver
Brian C. Blair Partner Orlando
John F. Bruce Counsel Washington, D.C.
Daniel J. Buzzetta Partner New York
David A. Carney Partner Cleveland
Diane P. Chapman Partner Cleveland
Trischa Snyder Chapman Associate Columbus
Dennis O. Cohen Partner New York
Casie D. Collignon Partner Denver
Rodger L. Eckelberry Partner Columbus
Joseph E. Ezzie Partner Columbus
Guenther Karl Fanter Partner Cleveland
Michael K. Farrell Partner Cleveland
José C. Feliciano Partner Cleveland
Ryan Fischbach Partner Los Angeles
Eric R. Fish Partner New York
Danyll W. Foix Partner Washington, D.C.
Jessie M. Gabriel Partner New York
Lisa M. Ghannoum Partner Cleveland
Joel C. Griswold Partner Chicago
Ronald L. Hellbusch Staff Attorney Denver
Carl W. Hittinger Partner Philadelphia
Lan Hoang Partner New York
Scott C. Holbrook Partner Cleveland
Dean D. Hunt Partner Houston
Peter W. James Partner Los Angeles
David R. Jarrett Partner Houston
Mark A. Johnson Partner Columbus
Paul G. Karlsgodt Partner Denver
Mark A. Kornfeld Partner New York
John B. Lewis Partner Cleveland
Patrick T. Lewis Partner Cleveland
Joanne Lichtman Partner Los Angeles
Jerry R. Linscott Partner Orlando
Jacqueline K. Matthews Associate Columbus
Michael R. Matthias Partner Los Angeles
Elizabeth B. McCallum Partner Washington, D.C.
Rand L. McClellan Partner Columbus
Gregory V. Mersol Partner Cleveland
Michael Dominic Meuti Partner Cleveland
Elliot Morrison Associate Cleveland
Michael E. Mumford Partner Cleveland
Ronald S. Okada Partner Chicago
Benjamin D. Pergament Partner New York
David F. Proaño Partner Cleveland
Lora M. Reece Partner Cleveland
Deborah H. Renner Partner New York
Jocelyn R. Roy Staff Attorney Washington, D.C.
Miriam Schimmel Counsel Los Angeles
Judy Selby Partner New York
Anthony M. Sharett Partner Columbus
Douglas L. Shively Associate Cleveland
Julie Singer Brady Partner Orlando
Nicole A. Skolout Counsel Los Angeles
James A. Slater Partner Cleveland
Terry L. Sullivan Partner Washington, D.C.
Robert J. Tucker Partner Columbus
Christa Cowart Turner Partner Orlando
George J. Tzanetopoulos Partner Chicago
Ernest E. Vargo Partner Cleveland
Brett A. Wall Partner Cleveland
Daniel R. Warren Partner Cleveland
Thomas D. Warren Partner Cleveland
Justin T. Winquist Associate Denver
James C. Winton Partner Houston

Experience

  • Successfully defended a major telecommunications company in a nationwide class action brought by retailers seeking unpaid sales commissions. Working in cooperation with attorneys from two other law firms and numerous experts, we were successful in mitigating the effects of electronic discovery sanctions imposed prior to the firm’s involvement in the case and the case was settled on favorable terms for the client weeks before it was scheduled to go to trial.
  • Defeated class certification in a landmark class certification analysis conducted by the Ohio Supreme Court that makes it more difficult to certify classes in Ohio. In its decision, the court expressly adopted recent U.S. Supreme Court precedent, holding that Ohio trial courts may need to review the merits of a plaintiff’s claim when reviewing a class certification motion. The court also rejected overly broad classes in which some members were not harmed and held that a trial court’s denial of certification should be affirmed, even if it was denied for improper reasons.
  • Defeated class certification for a major insurance company in a consumer fraud class action involving the sale of uninsured/underinsured motorist coverage.
  • Defending a large, regional supermarket chain in six class action matters related to a data breach in which 2.4 million customers’ credit card numbers were illegally obtained, including one case claiming that the chain failed to adequately protect its credit and debit card processing systems.
  • Defeated a putative class action brought against a national insurance company by auto body shops in Ohio claiming that the insurer does not pay a competitive labor rate for the geographic region in which the shop is located and that it does not pay for certain repair processes and materials.
  •  Represented a national call center company in two bet-the-company, putative federal class action lawsuits asserting fraud claims. Plaintiffs alleged that the company misrepresented various facts during solicitation calls that it placed on behalf of some of the world’s largest charities. By reviewing thousands of recorded phone calls, we illustrated that the allegedly uniform misrepresentations seldom occurred and varied in form. We opposed the plaintiffs’ class-certification motion, filing an e-brief that illustrated the differences from call to call using embedded audio files and secured an extremely favorable class-wide settlement.

Recognition

  • The Best Lawyers in America© 2014: Nine team members recognized
  • Law360 "Practice Group of the Year" (2014)
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation
  • "Super Lawyers" 2012: Twelve team members named 
  • Super Lawyers "Rising Stars" 2012: Five team members named
  • Who's Who in America: Several team members listed
  • Who's Who in the Law: Several team members listed

News

Press Releases

Alerts

Articles

Key Contacts

Blog

In The Blogs

Previous Next
Class Action Lawsuit Defense
District Court Follows Supreme Court’s Lead in Halliburton, Allows Class Action to Proceed with Narrowed Factual Scope
July 31, 2015
Applying the Supreme Court’s landmark decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014) (“Halliburton II”), which allowed companies facing securities fraud class actions to defeat certification by presenting...
Read More ->
Class Action Lawsuit Defense
The Sixth Circuit Expands American Pipe Tolling
July 13, 2015
On July 7, the Sixth Circuit decided Phipps v. Wal-Mart Stores, Inc., No. 13-6194, 2015 WL 4079441 (6th Cir. July 7, 2015), an interlocutory appeal in one of the regional progeny of the U.S. Supreme Court’s famous decision in Wal-Mart...
Read More ->
Class Action Lawsuit Defense
A Year Later: The Impact of Halliburton II Is Still Developing
July 1, 2015
In June 2014, the Supreme Court issued its decision in Halliburton Co. v. Erica P. John Fund Inc. (“Halliburton II”), a putative class action in which Halliburton investors alleged that the company made misrepresentations designed to...
Read More ->
Class Action Lawsuit Defense
Class Certification of California Price Advertisement Case Gives Cause for Concern
June 30, 2015
Spann v. JCPenney and People of California v. Overstock.com By Rodger L. Eckelberry, Rand L. McClellan, and Jacqueline K. Matthews June 30, 2015 A recent class certification decision in California involving challenges to a retailer’s price...
Read More ->
Class Action Lawsuit Defense
Supreme Court to decide if a TCPA class action can be mooted by a pre-certification offer of judgment
May 19, 2015
Yesterday, the United States Supreme Court accepted certiorari to review the Ninth Circuit’s decision in Campbell-Eward Co. v. Gomez, 768 F.3d 871 (9th Cir. 2014), which involved a TCPA class action brought by the recipient of a text...
Read More ->