Class Actions

Weil is known as one of the premier firms for class action litigation. We partner with our clients to litigate all facets and phases of high-stakes and bet-the-company disputes involving a vast array of stakeholders and substantive areas of law.

Notable Representations, Key Contacts

Guided by our ability to exert leverage at all phases of a case – especially at trial – Weil’s class action litigators combine substantive knowledge with in-depth procedural capabilities to develop tailored litigation strategies to navigate our clients to the earliest possible favorable resolution.

Our competitive advantages include:

  • Nationwide, Cross-Disciplinary Coverage. We offer an integrated class action litigation group comprising lawyers with expertise across our top-rated practices and hailing from our eight U.S. offices. This cross-practice and cross-office “one-Firm” approach allows us to undertake a coordinated analysis of our clients’ cases and expertly manage them by bringing to bear the full breadth and strength of the Firm.
  • Strong Track Record in Complex Cases. We have an impressive record prosecuting and defending nationwide, multi-state, and multidistrict class action litigations and arbitrations, including some of the largest, bet-the-company cases ever litigated – and tried. Our litigators are regularly involved in cutting-edge cases involving issues of first impression.
  • Proven Success at Every Stage. We have achieved successful, business-oriented results for clients at every phase of the class action litigation process in jurisdictions across the country. These include winning at the motion to dismiss stage, defeating class certification, securing summary judgment, prevailing at trial and on appeal, and developing novel and highly favorable settlements. Weil also seizes victories in discovery and expert disputes, as well as in removal, consolidation, and transfer proceedings that are crucial to overcall case strategy.
  • Comprehensive Coordinating Counsel Experience. We are regularly called upon by clients to serve as nationwide coordinating counsel in complex multijurisdictional disputes. We excel at fielding multi-disciplinary teams of subject-matter experts that can efficiently address the core issues at the heart of any case, as well as shareholder and regulatory scrutiny, corporate governance questions, restructuring decisions, and public relations and reputational risks.
  • Class Action Thought Leadership. We regularly publish assessments of class action developments, contribute articles to leading reviews and journals, and appear as speakers and panelists at national, state and local bar conferences and conventions, and industry meetings.

Antitrust

Key Contacts: Eric Hochstadt and Carrie Mahan

Weil has decades of experience representing clients – as plaintiffs and defendants – in high-stakes class actions in state and federal courts involving virtually every kind of antitrust/competition and consumer protection allegation, including litigations that arise out of a criminal antitrust investigations and resolutions. Of late, we have played lead roles in some of the largest antitrust class actions, including those involving auto-body repairs, auto parts, and chickens, among others, as well as other cutting-edge claims, such as cases regarding so-called “no-poach agreements” in employment contracts.

Our trial lawyers work hand-in-glove with the group’s regulatory experts – many of whom served in government agencies during formative periods of modern antitrust regulation – to minimize client risk and achieve the most efficient and cost-effective solution.

Selected Representations

C&S Wholesale Grocers

Farmers Insurance

Local Television Stations

Michael Foods

Consumer Financial Services

Key Contacts: John Mastando

We have broad experience litigating class actions involving federal and state financial services regulatory schemes (e.g., Truth In Lending Act (TILA), Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Real Estate Settlement Procedure Act (RESPA), and state usury and installment sale statutes), as well as the use of federal and state antitrust and consumer protection statutes, the RICO Act, and other laws of general applicability, to challenge practices involving financial services.

Selected Representations

GE Money Bank

MovieTickets.com

Consumer Fraud

Key Contacts: David Lender and David Singh

Weil has broad-based expertise defending significant consumer class actions in state and federal courts around the country asserting claims for fraud and violations of other consumer protection statutes. We have particularly strong experience litigating these claims under California, Florida, Illinois, Massachusetts, New York, and Texas statutes, among others, and regularly serve as lead counsel in multi-jurisdictional and nationwide class actions seeking to certify multi-state or national classes.

Selected Representations

Global Technology Company

Sanofi

Showtime Networks Inc.

Walgreens Boots Alliance

Employment & Labor

Key Contacts: Gary Friedman and Jeffrey Klein 

Weil’s highly regarded Employment Litigation Practice Group has deep experience litigating class actions in state and federal trial and appellate courts.

We defend clients in thorny class actions involving discrimination claims based on race, age, sex, disability, sexual orientation, retaliation, national origin, and other protected classifications. Of late, our work has revolved around issues that track a number significant societal and cultural developments, including significant gender discrimination and equal pay claims, and claims brought under the Americans with Disabilities Act (ADA) pertaining to, among other things, website accessibility.

We also have extensive experience defending clients in wage and hour class actions involving: classification of employees as employees or independent contractors, full-time or part-time, and exempt or non-exempt; overtime requirements under the Fair Labor Standards Act (FLSA) and comparable state laws; as well as waiting time, meal time, time spent donning and doffing, and pre-shift and post-shift activities; and the Fair Credit Reporting Act (FCRA).

Finally, we also have successfully litigated a number of other class actions involving claims brought under the Worker Adjustment and Retraining Notification Act and Uniformed Services Employment and Reemployment Rights Act.

Selected Representations

Elite Model Management

Sterling Jewelers

Forest Laboratories, Inc.

Tuesday Morning, Inc.

ERISA

Key Contact: Nicholas Pappas 

Weil has extensive experience handling high-profile ERISA class actions involving claims for breach of fiduciary duty and improper benefit denials and reductions. We routinely deal with complex issues that require coordination of multiple disciplines – including bankruptcy, tax, labor and foreign law – to align legal solutions with business objectives, and our Firm’s employment lawyers bring a broad expertise in all aspects of employee benefits and executive compensation law.

Our lawyers have achieved victories that established important precedents in the nation’s highest court and in cases affecting industry-wide practices, including health care, financial services, and professional services. We have represented numerous clients in crisis situations, including in early, precedent-setting “stock drop” litigations and in claims brought by the Pension Benefit Guaranty Corporation.

Selected Representations

AIG

UnitedHealth Group Inc. (UHG)

University of Miami

Insurance

Key Contact: David Yohai

Weil has in-depth knowledge of the insurance and reinsurance business and the complex issues faced in the insurance industry. Our powerful blend of litigation and arbitration experience brings expertise to all sides of complex disputes, including successfully defending clients against private, government, and class action suits and representing plaintiffs in major cases of first impression.

Selected Representations

Farmers Insurance

Genworth Financial

Product Liability/Mass Torts

Key Contacts: Arvin Maskin and Diane Sullivan

Weil’s award-winning national Product Liability & Mass Tort practice – recognized as a Product Liability Litigation Department of the Year finalist by The American Lawyer in 2018 – has played lead and coordinating counsel roles in some of the country’s most significant and well- publicized product defect class actions and multi-district litigation. Weil offers unparalleled trial court experience before judges and juries in products and mass tort cases, as well as renowned mastery of issues of causation, MDL procedure, and class certification, which are of paramount importance in the product context. As a result, we offer clients considerable leverage in litigating these cases that helps us achieve favorable pre-trial resolutions and settlements and reduce financial and reputational risks.

Selected Representations

Dometic

Nortek

Procter & Gamble

Toyobo

Securities Litigation

Key Contacts: Joseph Allerhand and John Neuwirth

Weil’s Securities Litigation practice has defended issuers, directors, and corporate executives against virtually every kind of securities claim brought as a class action. Our litigators have experience defending clients against alleged violations of the Securities and Exchange Act of 1934, the Securities Act of 1933, and state law fiduciary duties resulting from, among others, the recent financial crisis, changes in corporate control, allegedly misleading investor communications, stock and/or earnings manipulation, accounting irregularities, insider fraud and misappropriation, market timing, late trading, and stock options dating and granting processes.

Weil’s practice also has significant experience in class actions and derivative litigation in the context of mergers & acquisitions and other change-of-control transactions brought by shareholder and/or derivative plaintiffs seeking to block and/or recover damages for merger activity.

Selected Representations

AIG

Archstone-Smith/Tishman Speyer

Sanofi

Willis Towers Watson

Key Contacts

David J. Lender

David J. Lender

Partner

New York


Jonathan Polkes

Jonathan D. Polkes

Partner

New York


David Yohai

David L. Yohai

Partner

New York


Edward Soto

Edward Soto

Partner

Miami

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Recent Announcement

Weil is ranked among the top 10 firms nationally for Consumer Class Actions.

Chambers USA 2020

Clients note that "Weil has a very deep bench. From top to bottom, their lawyers are smart, talented, responsive, hardworking and reliable."

Chambers USA, 2020

Weil is ranked among the top 5 firms nationally for Product Liability, Mass Tort and Class Action – Defense: Consumer Products.

Legal 500 US 2020

Sources note that “the team has extraordinary depth of experience and strategic judgment” and is “invaluable in assessing risk and managing complex and difficult matters.”

Legal 500 US 2020

Weil and its litigators have received extensive nationwide recognition from Law360 for our work in the class action arena:

  • 2019 Class Action Practice Group of the Year
  • 2018 Class Action Rising Star (Eric Hochstadt)
  • 2017 Class Action MVP (Ed Soto)
  • 2017 Class Action Rising Star (David Singh)
  • 2015 Class Action Practice Group of the Year
  • 2012 Class Action MVP (David Lender)

Law360

Weil litigators “distinguish themselves by the sheer variety of class action categories they tackle…”

Law360 2015

Weil again proved its “class action prowess” through “strategic use of data” and other “standout legal maneuver[s].”

Law360 2015

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