Class Action Litigation Defense

K&L Gates lawyers regularly defend banking, mortgage lending, and consumer financial service institutions in consumer class action litigation. The firm has represented banks, mortgage banks, mortgage loan servicers, and other consumer financial service institutions in putative national classes as well as state and multi-state classes involving claims against financial institutions under federal statutes such as the Fair Housing Act, Equal Credit Opportunity Act, Real Estate Settlement Procedures Act, the Truth in Lending Act, Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Credit Repair Organizations Act, and the Racketeer Influenced and Corrupt Organizations Act.

K&L Gates also has represented clients against state statutory law claims, including state unfair and deceptive acts and practices statutes, California Business and Professions Code § 17200, state motor vehicle sales finance acts, and state statutory analogs to the various federal consumer protection statutes as well as common law claims.

K&L Gates lawyers are nationally recognized for their experience and successes in the defense of securities fraud litigation and related derivative litigation. Drawing upon the firm’s deep experience in private securities fraud litigation, dating from the successful representation of a national accounting firm in what is believed to have been the first Rule 10b-5 class action ever to be tried to a conclusion, to cutting-edge investment company litigation, our litigators have had frequent success in achieving early, favorable resolutions of securities cases by obtaining the dismissal of putative class action complaints, defeating motions for class certification, and limiting the scope of alleged class periods.

K&L Gates lawyers defend large publicly held corporations, investment companies, investment advisory firms, underwriters, large and small brokerage firms, and venture capital firms, as well as the officers and directors of these organizations, in class actions and derivative suits. In addition to claims under the federal securities laws, these cases often involve common law claims alleging negligence, fraud, and breach of fiduciary duty.

K&L Gates environmental and toxic tort lawyers have defended clients in class actions involving allegations arising from oil spills, gas pipeline leaks, chemical waste discharge, toxic spills from train derailments, lead paint, PCB and petroleum hydrocarbon contamination, vinyl chloride contamination, landfill contamination, and contaminated vaccines. Firm lawyers have defended environmental/toxic tort class actions based on state and federal laws, state unfair trade practices and consumer protection acts, the common law of negligence, nuisance, and trespass. Relief sought in these cases has included damages for property losses, diminution of property value, emotional distress, and personal injury, including fear of cancer, medical monitoring, and increased risk of disease.

K&L Gates lawyers have extensive experience defending clients in class actions asserting claims under consumer protection laws, including statutes imposing severe penalties for what was once accepted commercial behavior, such as the Telephone Consumer Protection Act and the Fair and Accurate Credit Transactions Act. The firm also defends clients against claims relating to defective products, breach of warranty, false or misleading advertising, failure to disclose, misrepresentations of purpose or use, inadequate service or support, and other consumer fraud issues. In addition, we have experience in defending consumer protection actions for damages while also defending parallel government enforcement proceedings.

K&L Gates lawyers have defended clients in class actions involving alleged violations of sections 1 and 2 of the Sherman Act, the Robinson-Patman Act, and RICO, as well as state unfair trade practice statutes based on claims of price fixing, other forms of collusion, price discrimination, monopolization, and life insurances sales practices.

K&L Gates lawyers regularly defend corporate and municipal clients in a broad range of wage and hour and wage payment class actions, including putative national, international, multi-state, and state classes; potential classes of hundreds of thousands of employees; and alleged damages in the billions of dollars. These actions include off-the-clock work claims; overtime claims; challenges to exempt status; claims for employee status and benefits by temporary workers, third-party contract workers, independent contractors, and volunteers; and technical claims for violations of meal and rest period, termination pay, wage payment, and wage deduction requirements.

The firm’s extensive class action litigation experience, when combined with our substantive knowledge in the wage and hour and wage payment areas, enables K&L Gates’ lawyers to anticipate issues, to identify and raise arcane defenses that other counsel may miss, and to think strategically to avoid or minimize the potential problems these actions present.

K&L Gates lawyers have defended a broad range of employment class actions for corporate and municipal clients as well as high-stakes adverse treatment and adverse impact discrimination class actions involving race, gender, age, and/or disability issues, and hiring, promotions, discipline, harassment, and/or discharge claims. Firm lawyers also have substantial experience with class claims for retaliation, breach of contract, entitlement to benefits, violations of the WARN Act, violations of ERISA, payment of prevailing wages, and other employment-related claims and, when defending these matters, involve employment counselors who understand the nuances of the law, the emotional nature of these claims, and the needs of the workplace.

K&L Gates lawyers are experienced in defending telecom clients in consumer class action litigation and have represented clients in putative nationwide and state class actions in federal courts around the country involving issues arising under the federal Communications Act, state unfair and deceptive acts and practices statutes, state business tax statutes, and breach of contract and other common law theories of recovery. Representative actions include disputes over the disclosure of line items on customer invoices, disputes over text messaging charges, and alleged violations of the number porting regulations promulgated by the Federal Communications Commission.