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
Partner Washington, D.C.
Associate Denver
Counsel Atlanta
Associate Columbus
Partner Orlando
Associate Philadelphia
Counsel Washington, D.C.
Partner New York
Associate Cleveland
Partner Cleveland
Partner Cleveland
Associate Columbus
Partner Los Angeles
Partner Denver
Associate Cleveland
Associate Chicago
Partner Houston
Partner Columbus
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner Los Angeles
Partner New York
Partner Washington, D.C.
Partner New York
Partner Seattle
Partner Cleveland
Partner Chicago
Partner Cleveland
Associate Houston
Partner Seattle
Counsel Chicago
Partner Philadelphia
Partner New York
Partner Cleveland
Partner Houston
Partner Atlanta
Partner Houston
Partner Columbus
Partner Denver
Partner New York
Partner Cleveland
Partner Cleveland
Partner Orlando
Associate Cleveland
Partner Los Angeles
Partner Washington, D.C.
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner Cleveland
Partner Chicago
Associate Denver
Partner New York
Associate Orlando
Partner New York
Staff Attorney Washington, D.C.
Partner Washington, D.C.
Associate Cleveland
Partner Orlando
Partner Cleveland
Associate Denver
Partner Columbus
Partner Orlando
Partner Chicago
Partner Cleveland
Associate Columbus
Partner Cleveland
Associate Columbus
Partner Cleveland
Partner Cleveland
Partner Atlanta
Associate Atlanta
Associate Denver
Partner Houston

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

  • Law360: Class Action "Practice Group of the Year" (2014)
  • LA Daily Journal: Top Appellate Reversals of 2014
  • Chambers USA 2017: Two Attorneys Listed
    • Paul Karlsgodt
    • Daniel Warren
  • Best Lawyers in America® 2017: Seven Attorneys Listed
    • Rodger Eckelberry
    • Joe Ezzie
    • Mark Johnson
    • Richard Knoth
    • Jerry Linscott
    • George Tzanetopoulos
    • Dan Warren
  • Recognized as one of the top law firms for client service, we were named to the 2018 BTI Client Service 30 for the fourth consecutive year.
  • Corporate Counsel® magazine guide to in-house law departments: "Go-to Law Firm" for litigation

News

News

Publications

Alerts

Articles

Key Contacts

Blog

In The Blogs

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Class Action Lawsuit Defense
Federal Authorities Continue to Monitor Proposed Class Action Settlements
By Douglas A. Vonderhaar
April 18, 2018
Officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to scrutinize class settlements to ensure that neither defendants nor class action counsel are improperly benefiting at the expense of class...
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Class Action Lawsuit Defense
D.C. Circuit vacates FCC's definition of ATDS but upholds consent-revocation rule in ACA International v. Federal Communications Commission
By Sam Camardo
March 29, 2018
In 2015, the FTC issued an order that addressed certain aspects of the Telephone Consumer Protection Act. Congress enacted the TCPA in 1991 to address perceived abuses of telephone equipment that allowed entities to autodial consumers’...
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Class Action Lawsuit Defense
Supremes Hold SLUSA Is Clear – 33 Act Class Claims Stay in State Court
By Cody S. Wigington
March 22, 2018
Yesterday, the United States Supreme Court, in a unanimous decision, handed class action plaintiffs a victory by holding that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) allows them to pursue alleged violations of the...
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Class Action Lawsuit Defense
Ninth Circuit Vacates Final Approval of National Settlement Class Action Certification
March 5, 2018
Last month, the Ninth Circuit vacated the certification of a nationwide class for settlement in the In re Hyundai & Kia Fuel Economy Litigation, No. 15-56014, 881 F.3d 679 (9th Cir. Jan. 23, 2018). The Ninth Circuit concluded that the...
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Class Action Lawsuit Defense
The Fourth Circuit Refuses to Enforce Arbitration Clause and Class Action Waiver in Employment Contracts
February 21, 2018
As we have previously written, several Supreme Court decisions have upheld, in various contexts, arbitration agreements that waive the right to assert claims on a class basis. See, e.g., AT&T Mobility LLC v. Concepcion, 563 U.S. 333...
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