Class actions and multi-district litigation (MDL) are different than traditional litigation. These cases often are textbook examples of bet-the-company litigation. Not only do class allegations or MDL consolidations of hundreds or thousands of cases create potentially vast exposure, but the collateral ramifications of these proceedings can be costly—and even debilitating—for companies and their leadership. Copycat suits, regulatory investigations or enforcement proceedings, shareholder dissatisfaction, and harm to general goodwill and customer relations all are potential collateral effects to consider. In light of their nature, class actions and MDL proceedings can be difficult—and expensive—to defend.
Stites & Harbison litigators have considerable experience in class actions and MDL litigation and have a long record of consistently delivering outstanding results for our clients. Our attorneys practice in state and federal courts across the country, and we have defended actions involving many different industries and companies. We are known for our judgment, business savvy, and strategic advice.
We Know Class Actions
The choice of defense counsel at the outset of a class action or MDL proceeding can make the difference between a favorable and efficient resolution and prolonged litigation that imposes costs and burdens that could have been avoided. We understand the need not only to defend the litigation, but to do so efficiently and cost effectively, and to help guide you through the process every step of the way. While litigation is inherently uncertain, we strive to keep surprises to a minimum. We work collaboratively with our clients to achieve end results that favorably address the litigation and any collateral effects of that litigation.
Knowing the nuances of the procedural rules at issue in class actions and MDL proceedings is critical to mounting a successful defense and achieving a favorable result. Federal and state courts across the country routinely recognize that the decision whether to certify a class can be as important as a decision on the merits of the case due to the pressure created on the party losing the certification battle. MDL consolidations similarly pose threats (and opportunities) not found in traditional one-on-one litigation. Stites & Harbison litigators understand this reality and have the experience and expertise to navigate the critical—and unique—landscape of these types of cases.
Our team collectively has defended hundreds of class actions and MDL proceedings across numerous industries in federal and state courts across the country. Our class action attorneys have been recognized for their excellence by their peers, by their clients, and by industry publications and rating services. Several members are recognized in the American College of Trial Lawyers, Chambers USA: America’s Leading Lawyers for Business, The Best Lawyers in America, and Super Lawyers. We assess every case at the outset and endeavor to let our clients know what to expect. We have experience dealing with class action and MDL plaintiffs’ counsel all over the country, including those who practice in our home jurisdictions as well as nationally-recognized plaintiffs’ firms. We know the strategies and tactics of class action attorneys, right down to the “playbooks” used by some firms. We know the substantive law, the state and federal rules, and the key precedent applying to class certification at the federal and state levels. We apply our experience and knowledge to determine the best strategy for the case at hand and to advise our clients accordingly. We are proud of our record of consistently obtaining favorable results for our clients, whether it be outright dismissal of the case or a global settlement that disposes of both the pending litigation and the need to worry about any further litigation by members of the class.
Our deep bench of litigators are highly collaborative, drawing on experience from lawyers throughout the firm to provide representation that is comprehensive, business-minded, and cost-effective. For example:
- We work closely with our dedicated eDiscovery team to manage discovery in an efficient and cost-effective manner, whether dealing with boxes of hard copy records or millions of emails and electronic records.
- We have established relationships with public relations firms, class action administrators, and discovery vendors, and our attorneys are accustomed to dealing with media inquiries and general publicity from a high-stakes case when needed.
- Recognizing the continuing rise in data breaches—and associated litigation—we partner with our Privacy & Data Security Team (the co-chairs of which are designated as Certified Information Privacy Professionals by International Association of Privacy Professionals) to help our clients address not only the litigation, but the multitude of regulatory and public relations issues that can result from a data breach.
- We deal regularly with investigations and enforcement actions brought by the Securities and Exchange Commission (SEC), National Transportation Safety Board (NTSB), Consumer Financial Protection Bureau (CFPB), state attorneys general, state insurance departments, and other regulatory bodies that may arise parallel to a pending class action.
In addition to knowledge of the critical mechanics—and potential minefields—presented by class actions and MDL proceedings, our litigators bring their substantive expertise to bear in every matter—large or small. Our litigators have represented clients in a wide range of industries defending class action claims and MDL proceedings of all kinds, including:
- Bad Faith (insurance and contracts)
- Breach of Contract and Associated Covenants (express or implied)
- Consumer Protection
- Data Breaches
- ERISA and employee benefits
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- Fair Labor Standards Act collective actions and state law wage and hour class actions
- Fiduciary Duty
- Financial Institutions and Subprime Litigation
- Insurance and Annuities
- Medical and Products Liability
- Trade Secrets and Unfair Competition
Time: 10:00 a.m. - 5:00 p.m.
Live Video Webinar
Chad McTighe will be the speaker at this live video webinar discussing using LLC's to protect assets.
NASHVILLE, Tenn.—The Nashville Business Journal recently honored Stites & Harbison, PLLC attorneys Greg Smith and Lauren Paxton Roberts with the 2023 Best of the Bar awards. Smith has been honored nine times for family law. This is Roberts’ first time being honored in the litigation and dispute category.
LOUISVILLE, Ky.—The International Association of Defense Counsel (IADC) has appointed Stites & Harbison, PLLC attorney Whitney Frazier Watt as Chair of its Product Liability Committee. She will serve a two-year term.
The Sixth Circuit has significantly altered the way in which Fair Labor Standards Act (FLSA) collective actions are to be litigated in Kentucky, Ohio, Tennessee, and Michigan. Attorneys Kyle Schroeder and Robin McGuffin take a look at those changes in this Stites & Harbison Client Alert.
The Breakers, One South County Road, Palm Beach, FL 33480
Don't miss the 56th GDLA Annual Meeting at The Breakers in Palm Beach, Florida from June 15-18. Earn CLE hours* and network with your friends and colleagues at various social events. Atlanta office attorney Jennifer Guerra will be a speaker at the event.
ATLANTA—The 2023 edition of Georgia Super Lawyers recently honored three Stites & Harbison, PLLC attorneys based in the firm’s Atlanta office. The attorneys named on this years list are Dan Douglass, Joe Kingma and Billy Newcomb.
NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney T. Dylan Reeves as a Member (Partner) based in the firm’s Nashville, Tenn., office. He joins the Business Litigation and Torts & Insurance Practice Service Groups.
Rule 7.1 of the Federal Rules of Civil Procedure has long required each “nongovernmental corporate party” to file a disclosure statement when that party takes its first action in a federal court lawsuit. Effective, December 1, 2022, however, the rule was amended to require that when a case that is in federal court because of diversity jurisdiction is filed or removed, each “party or intervenor” must file a disclosure statement that provides the “name—and identif[ies] the citizenship of—every individual or entity whose citizenship is attributed to that party or intervenor.”
MASON, Ohio—The 2023 edition of Ohio Super Lawyers recently honored Stites & Harbison, PLLC attorney Robin D. Miller on its Super Lawyers list.
LOUISVILLE, Ky.—The 2023 edition of Benchmark Litigation names 12 Stites & Harbison, PLLC attorneys as “Litigation Stars” and three as “Future Stars” in Kentucky. The guide honors the firms and attorneys who have demonstrated the ability to consistently handle complex, high-stakes cases in multiple jurisdictions.
ATLANTA—Friends of Disabled Adults and Children (FODAC) has elected Stites & Harbison, PLLC attorney Lewis Perling to its of Board of Directors. He will serve a three-year term.
Time: 12:00 p.m. ET - 1:30 p.m. ET
Litigation attorney Chad McTighe presents the current trends, updates and best practices for class action litigation for in-house counsel at this IHC Essentials Series seminar on November 9th.