Class Actions

The firm represents defendants in federal and state class action suits. In these cases, we handle all aspects of the litigation, including class motions, discovery of the class representative, class notice, and dispositive motions.

Our practice in this area has spanned a diverse range of substantive law issues, including federal securities laws, state shareholder laws, fiduciary duty issues, antitrust concerns, pension laws, false advertising, and products liability laws. For example, we have represented clients in class actions involving:

  • Obtained a significant trial victory for a Fortune 100 pharmaceutical company in the In re Pharmaceutical Industry Average Wholesale Price Litigation, 2007 WL 1774644 (D. Mass. 2007). In this class action litigation, plaintiffs alleged that all major pharmaceutical manufacturers published false average wholesale prices, resulting in overpayment for drugs by insurance companies and Medicare. After a bench trial, the judge concluded that while the other defendants’ conduct violated Massachusetts consumer protection laws, our client’s conduct was lawful.
  • Secured directed verdict on behalf of a Fortune 100 pharmaceutical company in multi-defendant Sherman Act class action trial and argued appeal before Seventh Circuit on behalf of all manufacturers. In re Brand Name Prescription Drugs Antitrust Litigation, MDL No. 997 (N.D. Ill.) This litigation arose from allegedly anti-competitive pricing in the brand name prescription pharmaceutical market.
  • Lead counsel for a Fortune 100 pharmaceutical company in defense of 13 nationwide class actions brought in both federal and state courts asserting illegal monopolization based on alleged improper procurement and enforcement of patents relating to an OTC product. After extensive procedural wrangling including a removal to federal court and contesting class certification, ended case by persuading all plaintiffs' counsel that their theories of liability were meritless.
  • Won a crucial victory for the owner of a major sports club chain in Massachusetts’ highest court, when, in a closely watched case, the court departed from long-standing precedent and dismissed a consumer class action that had been brought against the fitness club chain. After summary judgment was granted to our client, the Massachusetts high court sua sponte seized jurisdiction over the case. The court affirmed the firm's win below, leading to significant change in the law of consumer class actions in Massachusetts.
  • Lead counsel for a major international media company in defense of antitrust class actions alleging nationwide price-fixing conspiracy involving all major publishers. Secured no-damages settlement approved by the Court.