Class actions

Who we represent

Our class action litigation group represents some of the nation’s largest public corporations and mid-market private start-ups spanning a range of industries.

With deep experience in the retail, consumer products, life and health insurance, financial services and automotive industries, our clients include:

  • Nearly a third of the National Retail Federation’s Top 100 Retailers list, including more than half of the top 25 retailers
  • Over 600 mainstream brands
  • 150 financial institutions
  • Main car manufacturers and suppliers
  • Government entities

Our approach

Our class action attorneys work in all offices and practices to help clients assess the risks facing their industries and minimize potential exposure. When class action lawsuits arise, we help our clients navigate procedural hurdles and help them make informed decisions about litigation and the most beneficial business strategies.

Defeat class certification: Because the class action mechanism allows hundreds or even thousands of individual claims to be pursued jointly, these cases present particularly high stakes for defendants. Such cases involve unique standards and procedures that govern class certification, notice, settlement and trial. Our attorneys are adept at creatively developing and persuasively presenting arguments against class certification with supporting evidence for those defenses.

Settlement strategy: In cases where classes are certified, we assess the potential for cost-effective settlement to advance our clients’ ultimate goals. When our clients determine that a settlement is appropriate, we work through the range of notification and approval requirements applicable to group-wide settlements. Our experience enables us to develop and evaluate appropriate notification and distribution procedures, often with the assistance of a claims administrator.

Move from State to Federal Court: When clients decide to dispute claims, we advise them on the appropriate forum and whether to refer class action lawsuits from state courts to federal court using the Class Action Fairness Act (CAFA) and other mechanisms.

What we do

When our clients decide to defend class actions, Vorys mobilizes its national bench of class action lawyers to represent them in state and federal courts across the country.

In special cases, we use the U.S. Judiciary Commission on Multidistrict Litigation process to coordinate class actions pending in multiple federal courts, avoid duplication, and reduce defense costs.

Additionally, we have extensive experience in class claims and Private Attorneys General Act (PAGA) litigation in California, where employers are particularly vulnerable to increased wage and hour exposure, misclassification, harassment, discrimination and other Labor Code laws and wage ordinances.

We also advise our clients in class actions involving:

  • Antitrust
  • Consumer credit
  • Consumer protection
  • Employees Retirement Income Security Act (ERISA)
  • Insurance
  • personal injury
  • Confidentiality and data security
  • Product liabilityand toxic crime
  • Securities

Our experience includes:

  • Defended over 100 wage and hour class action lawsuits on behalf of California employers
  • Defeat class certification and obtain summary judgment on all claims alleging racial discrimination against a major manufacturer
  • Representation of a lender in the negotiation of a profitable settlement of class claims for fraud, breach of contract, unjust enrichment and conversion
  • Defeat class certification at the trial court and on appeal in a case against a funeral service provider alleging consumer fraud and financing violations
  • Enforcing a Major Lender’s Contractual Right to Arbitration in a Federal Action by a Class of Consumers Alleging Predatory Lending Claims

Discovery Management

Class action lawsuits pose discovery challenges rarely present in more traditional cases due to the need to preserve, review and eventually produce documents and data related to large numbers of people. We advocate tiered discovery with the goal of defeating class certification before defendants experience costly and intrusive substantive discovery. When courses are certified, our litigation group works closely with Vorys technology and eDiscovery professionals to proactively assess the challenges posed by eDiscovery rules and to manage this discovery.

Among their many functions, our eDiscovery team:

  • Advises on cost-effective strategies for collecting and analyzing relevant data to respond to litigation discovery requests
  • Assists in the review of document creation, retention and destruction policies and advises on best practices
  • Advice on developing litigation that stands up to the scrutiny of opposing attorneys and courts
  • Assesses the need to secure and preserve potentially relevant documents and data
  • Develops strategies to protect against claims for spoliation of evidence frequently employed by plaintiff class counsel
  • Reviews and analyzes records with proficiency in technology-assisted review (TAR), predictive coding, email discussion thread, batch coding, and redaction to streamline discovery and reduce costs

National recognition

We are proud to have gained long-standing recognition as “Leading law firmin Ohio for general commercial litigation in the prestigious United States Rooms guide. In its 2022 edition, Chambers and Partners hails Vorys’ experience “in representing large clients in a range of matters, including class actions, toxic torts and litigation under the False Claims Act.

Win a at national scale United States Rooms ranking for the retail trade, the frequent engagement of Vorys by “retailers facing consumer class actions” is also noted in the 2022 edition.

Additionally, we earned top honors as a Tier 1 firm in Ohio for “Mass Tort Litigation/Class Actions – Defendants” in the US News – Best Lawyers®Best Law Firms” report since 2011, as well as national and regional recognition in many areas of litigation practice.

Comments are closed.