Class Actions

Class actions can be costly and complex, putting your business at risk and damaging its reputation. A strong defense is paramount. Class action litigation requires experience and a unified, effective legal team effort.

Baker Botts has one of the leading class action practices in the country. Our lawyers have served at the helm of some of the largest class actions in the United States. Our work as national coordinating and regional counsel has made us adept at opposing certification, seeking decertification and defending against class actions.

We have considerable familiarity with class action litigation under federal statutes including the:

• Racketeer Influenced and Corrupt Organizations Act (RICO)
• Fair Credit Reporting Act (FCRA)
• Telephone Consumer Protection Act (TCPA)
• Magnuson-Moss Warranty Act

We also represent clients regarding state consumer protection statutes, including all three of California’s main consumer statutes. In fact, we have represented clients in nationwide, statewide and countywide class actions in state and federal courts across the United States and coordinated with Canadian counsel. Our experience includes representing companies through certifications to notice campaigns, class discovery, mediations, settlement negotiations and trials.

Some specific class action categories include:

Product-Related Class Action:
We have represented clients in product-related class action litigation since 1990, including for a variety of manufacturers, from major corporations to entrepreneurial ventures. Examples include food and beverage makers to pharmaceutical companies making prescription drugs and medical device manufacturers.

Securities Fraud Class Action:
Our trial lawyers routinely represent issuers of securities, along with their officers and directors, in class action securities fraud cases.

Privacy and Data Security Class Action:
Our privacy practice includes experienced litigators who handle security incident litigation, including class action defense, a growing area of concern due to large-scale cybersecurity breaches reported by major retailers, banks and other entities.

Labor and Employment Class Action:
We pair the firm’s Pension, Benefits and ERISA litigation group with seasoned trial lawyers able to represent clients in class action cases involving a wide variety of claim categories. Common ones include breach of fiduciary duty, medical benefits, executive compensation and improper plan termination claims.

Telecommunications and Media Class Action:
We counsel large telecommunications and media companies, and the practice covers consumer class actions defense in these industries.

Additional categories include:

• Technology
• Federal and state statutory claims
• Energy and oilfield
• Copyright
• Antitrust

Our commitment to effective, efficient service means providing a comprehensive support structure, with the latest courtroom technology, that enables us to reduce costs. We also staff matters appropriately. Our routinely lean staffing sets Baker Botts apart from most firms our size.