Class action defense

When faced with a class action, your money is not the only thing at stake; your reputation and entire business could be on the line, too. At McDonald Hopkins, our class action defense attorneys will aggressively pursue your defense to achieve the best possible outcome. Whether that involves litigating the claims through resolution in court or exploring early settlement opportunities, our experienced attorneys will guide you through the various stages of a class action to help resolve the matter as efficiently and favorably as possible while meeting your business objectives.

The starting point for any successful class action defense is knowledge of the law, the facts, the players, and the business. Our team will work with yours to truly understand the issues, identify strengths and weaknesses, define success, develop a litigation strategy, and engage the right experts –with an eye toward narrowing discovery, defeating class certification, and ultimately ending the case at the earliest possible opportunity. We also can help you develop a public relations plan whenever allegations of wrongdoing threaten your good name and brand.

We have served as lead and local counsel in numerous class actions. Our experience covers a wide range of issues, from data breach, consumer protection, product labeling, and securities matters, to antitrust, wage-and-hour, Fair Credit Reporting Act, and mass tort claims. And we’ve worked with a broad array of businesses, including in the insurance, healthcare, food production, software and technology, banking, manufacturing, transportation, and mortuary industries.

Specific class-action experience includes the defense of:
  • Data breach cases on behalf of companies in the healthcare, banking, and transcription industries.
  • Fortune 500 and mid-sized corporations in Fair Labor Standards Act collective actions alleging overtime and similar wage-and-hour claims.
  • Antitrust cases in the dairy and technology industries, including, in particular, two software and hardware companies in a 23-count class action complaint alleging federal antitrust violations and tort and consumer-protection claims under the laws of five different states.
  • A large computer software manufacturer in a consumer fraud class action.
  • A multinational oil and gas company in products liability class action filed by boat owners.
  • A medical products company against a shareholder derivative and class action suit.
  • A national bank in a class action alleging claims under the Fair Debt Collection Practices Act and the Ohio Consumer Sales Practices Act, as well as RICO, contract, fraud, and conspiracy claims.
  • Several product labeling and false advertising class action cases in the food industry.
  • A large life insurance company in numerous state and federal market practice class actions.
  • An insurance company against class action claims related to insurance disclosures.
  • Several financial institutions in class actions based on an alleged failure to file timely Article 9 termination statements.
  • A global financial institution in a case alleging violations of federal securities laws.
  • A former president and CEO of a publicly traded corporation in a shareholder class action following a failed merger with an internet company and eventual bankruptcy.
  • A multinational freight transportation company in a class action complaint alleging violations of the Fair Credit Reporting Act.
  • Several “fax blast” cases brought under the Telephone Consumer Protection Act.
  • Several financial institutions in class actions based on an alleged failure to ensure all ATMs complied with the Americans with Disabilities Act.
  • A large international courier against billing fraud claims under the Fair Labor Standards Act.
  • A public utility company in a class action alleging service pressurization and property damage claims.


Dan L. Makee
Show More