Class Action Defense

Overview

"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

BakerHostetler’s national Class Action Defense team represents companies, institutions and organizations facing class actions across a broad spectrum of industries, including healthcare, insurance, retail, telecommunications, technology, finance and professional services. We have successfully defended companies against class certification, securing dismissal of class representatives’ claims and negotiating favorable settlements.

Recognized by Law360 as Class Action “Practice Group of the Year” (2014), our team has earned numerous accolades. The LA Daily Journal highlighted our privacy work in its Top Appellate Reversals of 2014 for defending against one of the first attempts to apply the California Confidentiality of Medical Information Act to a data breach incident, and team attorneys are regularly named in Chambers USA and Best Lawyers in America®, among other ranking programs.

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 have experience supervising the administration of class action settlements with classes comprising millions of members, and we have 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.

Our Class Action Defense team has particularly extensive experience in the following areas:

Select Experience

  • Won a precedent-setting decision in a data breach class action in the 4th Circuit alleging privacy violations under California’s Confidentiality of Medical Information Act (CMIA) on behalf of a healthcare organization. The decision eliminated $500 million in potential damages and narrowed the definition of “medical information” under the CMIA.
  • Obtained a favorable appellate ruling in the 8th Circuit on behalf of a gaming retailer. The court ruled that the company did not violate its privacy policy by incorporating Facebook features into its subscription-based online gaming services, making it one of the most significant developments in privacy litigation in recent years.
  • Bucking a trend of decisions allowing claims by issuing banks to proceed as they relate to payment card security incidents, we obtained dismissal of all 13 claims in a putative class action filed against a national supermarket chain by three banks that claimed losses related to a 2013 cyberattack affecting 2.4 million cards.
  • Served as counsel for a bankruptcy trustee seeking to recover funds for the victims of a $200+ million Ponzi scheme, including a resounding victory before the 6th Circuit. Convinced the appeals court to reinstate fraudulent transfer and civil conspiracy claims against a lender that knowingly funded the scheme.
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Professionals

Name Title Office Email
Associate Los Angeles
Partner Los Angeles
Associate Denver
Associate Denver
Associate New York
Partner Atlanta
Counsel Seattle
Partner Orlando
Associate Chicago
Associate Cleveland
Partner New York
Associate Cleveland
Partner Cleveland
Partner Cleveland
Partner Columbus
Partner Los Angeles
Partner Denver
Associate Denver
Partner Cleveland
Associate Chicago
Associate Cleveland
Associate Columbus
Partner Columbus
Associate Columbus
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner Los Angeles
Partner New York
Partner Washington, D.C.
Partner Cleveland
Associate Denver
Partner Chicago
Partner Cleveland
Partner Seattle
Partner Philadelphia
Partner New York
Partner Cleveland
Partner Houston
Partner Atlanta
Partner Houston
Partner Columbus
Partner Denver
Partner Washington, D.C.
Partner Chicago
Partner Cleveland
Partner Cleveland
Partner Columbus
Partner Orlando
Associate Houston
Partner Los Angeles
Associate Philadelphia
Associate Cleveland
Partner Los Angeles
Partner Washington, D.C.
Partner Columbus
Associate Orlando
Partner Cleveland
Partner Washington, D.C.
Partner Cleveland
Partner Chicago
Associate Costa Mesa
Associate Columbus
Partner New York
Partner Houston
Associate Orlando
Staff Attorney Washington, D.C.
Partner Washington, D.C.
Partner Washington, D.C.
Partner Cleveland
Partner New York
Partner Orlando
Partner Cleveland
Partner Los Angeles
Associate Denver
Partner Chicago
Partner Columbus
Partner Orlando
Partner Cleveland
Associate Columbus
Partner Cleveland
Partner Cleveland
Partner San Francisco
Partner Atlanta
Counsel Columbus
Partner Denver
Partner Houston
Associate Columbus

Experience

  • Won a precedent-setting decision in a data breach class action in the 4th Circuit alleging privacy violations under California’s Confidentiality of Medical Information Act (CMIA) on behalf of a healthcare organization. The decision eliminated $500 million in potential damages and narrowed the definition of “medical information” under the CMIA.
  • Obtained a favorable appellate ruling in the 8th Circuit on behalf of a gaming retailer. The court ruled that the company did not violate its privacy policy by incorporating Facebook features into its subscription-based online gaming services, making it one of the most significant developments in privacy litigation in recent years.
  • Bucking a trend of decisions allowing claims by issuing banks to proceed as they relate to payment card security incidents, we obtained dismissal of all 13 claims in a putative class action filed against a national supermarket chain by three banks that claimed losses related to a 2013 cyberattack affecting 2.4 million cards.
  • Served as counsel for a bankruptcy trustee seeking to recover funds for the victims of a $200+ million Ponzi scheme, including a resounding victory before the 6th Circuit. Convinced the appeals court to reinstate fraudulent transfer and civil conspiracy claims against a lender that knowingly funded the scheme.
  • Obtained a reversal by the 7th Circuit in a major class action against an insurance company. The district court certified claims for roof damage following a hailstorm that would have compelled the reinspection of thousands of roofs. The court of appeals reversed, applying groundbreaking principles of class certification under Rule 23(b)(2).
  • Obtained a reversal by the Ohio Supreme Court of a certified class under Rule 23(b)(2) and (3) of more than 100,000 policyholders during a 22-year class period involving windshield repairs. The trendsetting decision advanced fundamental class certification principles.
  • Defended a financial services company and its officers in a series of ERISA “stock drop” cases involving a company stock fund that lost considerable value during a two-year period. We obtained a dismissal based on standing grounds in the district court, a judgment that was affirmed by the 6th Circuit.
  • Represented the nation’s largest product certification and testing organization in a putative nationwide class action challenging the client’s testing protocols. Successfully defeated class certification, leading the named plaintiffs to dismiss their claims.
  • Represented an e-commerce company in a consumer fraud class action alleging that the company violated Missouri’s Merchandising Practices Act by installing flash cookies on the computers of consumers who visited the company’s website.

Recognition

  • Chambers USA: Litigation
    • Litigation: General Commercial (Ohio) – Band 2 (2020)
    • Litigation: General Commercial (Colorado) – Recognized (2019)
    • Retail: National – Band 3 (2020)
  • Law360: Class Action "Practice Group of the Year" (2014)
  • 15 class action defense attorneys earned rankings on the Best Lawyers in America© 2022 list
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation.
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.