Class Action Defense

Our attorneys have extensive class action defense experience. We have represented major public companies – including manufacturers, consumer products companies, and financial services companies – in a broad range of putative class actions, including cases alleging products liability, product defects, consumer fraud, antitrust, false advertising, and securities law claims.

The firm’s attorneys have successfully handled the most complex problems facing class action defendants by defeating motions for class certification, successfully arguing for removals and dismissals, enforcing class releases, and negotiating innovative settlements. Our lawyers have defeated class certification in over thirty consumer fraud class actions and have settled hundreds of liability cases on favorable terms.

Our lawyers also counsel clients on initiatives to address litigation risks and exposure, thus reducing the potential for future class actions. We strive to help our clients implement “best practices”.

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Successfully defended one of the largest Korean consumer product design and manufacturing companies in products liability class action alleging breach of warranty, fraud, and violation of state consumer protection laws relating to purported defects in plasma televisions. Matter was dismissed with prejudice.

Represented a bank in class certification discovery of $50 billion class action lawsuit.

Successfully represented an energy company in obtaining dismissal of a purported class action alleging multi-billion dollar breach of contract and tort claims, and in appeal of the dismissal.

Represented a leading U.S. broker-dealer in defense of federal class action litigation arising out of an offering of approximately $700 million of RMBS mortgage pass-through certificates.

Successfully represented several major U.S. financial services companies in various complex antitrust class action litigations.

Represented a Korean computer manufacturer in product defect class action litigation with claimed damages in excess of $100 million.

Represented a Korean computer manufacturer in numerous class action litigations brought by consumers alleging fraudulent sales practices with claimed damages in excess of $100 million.

Successfully defended a manufacturer of popular snack foods in four consumer class actions pending in four separate jurisdictions, including defeating, after an evidentiary hearing and post-hearing briefing, plaintiffs’ motion to enforce a purported settlement negotiated with prior counsel.

Represented a Japanese manufacturing company in over 500 products liability actions across the United States. Defeated consolidation motions and created a streamlined, cost effective settlement procedure to resolve all actions before trial.

Represented a Fortune 500 consumer products company in the successful defense of antitrust class actions in South Carolina, North Carolina, and Kentucky.

Represented a major insurance company in numerous class action litigations alleging deceptive sales practices. All cases were successfully resolved.

Represented several tobacco companies in defeating class certification in multiple products liability lawsuits across the United States.

Represented a big four accounting firm in connection with a class action against the accounting firm where the case against the accounting firm was dismissed and the dismissal was upheld on appeal.

Represented numerous brokers/dealers in the successful defense of securities class actions.

Successfully represented a multi-national conglomerate in a landmark appellate case regarding preclusion effects of settlement of securities class actions.

Defended underwriters, corporations and individual officers and directors in multiple securities claims arising under various sections of the Securities Act of 1933 and 1934.

Represented the chief financial officer of largest division of Fortune 20 pharmaceuticals company in Department of Justice and SEC investigations and class actions securities litigation relating to accounting fraud allegations.

Represented a national pharmacy chain in connection with a securities class action as well as a subsequent SEC enforcement proceeding. The representation included working with a big four accounting firm’s audit team, documentation production, SEC interviews, defending depositions, and drafting a Wells submission.

Defended a retail pharmacy chain in securities fraud class action alleging 10b-5 claims.

Successfully represented a mutual fund in a securities class action relating to fees and shelf-space participation.

Successfully represented an officer in a securities class action relating to alleged misstatements in registration statement of shipping company.

Represented a telecommunications company and officer in Section 16(b) litigation relating to merger transaction and preclusive effect of prior releases in securities class actions and bankruptcy reorganization.

Represented investment banks in a securities class action relating to alleged misstatements in registration statement of telecommunications company.

Represented plaintiff class of investors in litigation concerning subprime auto loans.

Litigation of class action and shareholder derivative suits relating to financial disclosure, fraud, and products liability issues.

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38 C&G Attorneys Named Super Lawyers and Rising Stars 2021

October 21, 2021 | News

Cohen & Gresser is pleased to announce that 38 of the firm's New York and Washington D.C.based attorneys have been named to the 2021 Super Lawyers List across a wide range of practice areas. C&G cofounder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

Super Lawyers

Jonathan S Abernethy: Criminal Defense: White Collar
Kwaku Andoh: Mergers & Acquisitions
Elizabeth Bernhardt: Business Litigation
Thomas E Bezanson: Personal Injury – Products: Defense
Colin C Bridge: Criminal Defense: White Collar
Karen H Bromberg: Intellectual Property
Jason Brown: Criminal Defense: White Collar
Damir Cefo: Intellectual Property Litigation
Joanna K Chan: Securities Litigation
Mark S Cohen: Business Litigation
S Gale Dick: Business Litigation
Christian R Everdell: Criminal Defense: White Collar
Lawrence T Gresser: Business Litigation
Oliver S Haker: Business Litigation
Johannes Jonas: Mergers & Acquisitions
Nicholas J Kaiser: Real Estate
Jeffrey I. Lang: Business Litigation
Melissa H Maxman: Antitrust Litigation
Ellen Paltiel: General Litigation
Nathaniel P T Read: Business Litigation
Bonnie J Roe: Securities & Corporate Finance
Stephen M Sinaiko: Business Litigation
C Evan Stewart: Securities Litigation
Daniel H Tabak: Business Litigation
Scott D Thomson: Business Litigation
Alexandra Wald: Business Litigation
Ronald F Wick: Antitrust Litigation

Rising Stars

Luke Appling: Civil Litigation
Sharon L Barbour: Criminal Defense: White Collar
Drew S Dean: General Litigation
William Kalema: Business Litigation
Sophia Soejung Kim: Criminal Defense: White Collar
Sri Kuehnlenz: Civil Litigation
Winnifred A Lewis: Securities Litigation
Marvin J Lowenthal: Criminal Defense: White Collar
Barbara K Luse: Criminal Defense: White Collar
Matthew V Povolny: Business Litigation
Benjamin Zhu: Criminal Defense: White Collar

Lawrence Gresser Speaks to Law360 about the Supreme Court's DirecTV Arbitration Decision

December 14, 2015 | News

A recent edition of Law360 reported on the U.S. Supreme Court’s 6-3 ruling which states that laws hostile to class action waivers cannot circumvent the Federal Arbitration Act. In this article, Larry Gresser weighs in on the significance of the decision.

Lawrence T. Gresser Speaks to Law360 about the Supreme Court’s Recent Class Arbitration Ruling

June 20, 2013 | News

The U.S. Supreme Court recently ruled that courts can't overturn a class arbitration waiver simply because it would cost plaintiffs more to arbitrate the claim than they could possibly recover. Gresser explains, “The other shoe has dropped…The lesson of Justice Scalia's majority opinion in American Express is that class action waivers will be enforced even when the arbitration clause is not customer friendly and the individual plaintiff's cost of arbitrating a claim is certain to exceed the potential recovery."

Lawrence T. Gresser Speaks to Law360 about the Supreme Court’s Recent Class Arbitration Ruling Against Oxford Health Plans

June 10, 2013 | News

The U.S. Supreme Court recently ruled that courts cannot second-guess an arbitrator's interpretation of a contract, backing an arbitrator's ruling that a doctor's pursuit of class arbitration against insurer Oxford Health Plans LLC was permitted. Gresser explains why the unanimous ruling is significant noting, “The critical question in Oxford v. Sutter — whether, after Stolt-Nielsen, ... the class action procedure is available in arbitration — was answered in the affirmative."

Sharon L Barbour Discusses State Court Jurisdiction in Securities Class Actions

July 18, 2017 | Publication

Sharon L Barbour discusses the potential ramifications of the U.S. Supreme Court's decision in Cyan, Inc. v. Beaver Cty. Employees Ret. Fund in The CLS Blue Sky Blog, Columbia Law School’s publication on corporations and capital markets. The case addresses the question of whether state courts have subject matter jurisdiction over class actions under the Securities Act of 1933.

After Scalia, Court Shows Diminished Appetite for Class Action Appeals

August 8, 2016 | Publication

3rd Circ. Courts Controversy Over Class Numerosity

March 9, 2015 | Publication

Halliburton II: The End of the Fraud-on-the-Market Presumption?

April 17, 2014 | Publication

The U.S. Supreme Court granted cert on Halliburton’s petition for challenging the Basic v. Levinson precedent on fraud-on-the-market theory. What are the arguments on both sides of this issue and what will the Court likely hold? This article will explore arguments on both sides of this issue and it's potential impact to certification of securities fraud class actions.

The Next Class Action Frontier: Halliburton and Fraud-on-the-Market Presumption

April 3, 2014 | Publication

In Halliburton Co. v. Erica P. John Fund, Inc., the U.S. Supreme Court will decide whether to overrule or modify the “fraud-on-the-market” presumption of reliance in 10b-5 securities fraud class actions. The fraud-on-the-market presumption has helped plaintiffs surmount the class certification hurdle for over 25 years, and if it is overruled or modified, class certification in securities fraud cases may become a more challenging — and costly — endeavor.

Litigation: Changing the Channel? Employment Class Actions After Concepcion and Comcast

March 6, 2014 | Publication

Employment class actions are disruptive, and at their worst, can be costly PR nightmares. Recent SCOTUS decisions may ultimately reduce the threat of employment class actions — but this hasn’t quite happened yet.

Litigation: Predicting Colors with Emerging Trends in Arbitration Clauses and Class Actions

January 23, 2014 | Publication

Recent Supreme Court decisions have made the arbitration clause a potent weapon against class actions in many areas of the law. Certainly in the wake of Concepcion, Italian Colors, and Oxford, businesses should consider including in their contracts specific language regarding arbitration clauses.

Anachronism Revealed: FINRA Rules Trump Italian Colors to Give Registered Members Their Day in Court

October 10, 2013 | Publication

It is rare these days for a court to deny a motion to compel arbitration, especially where the parties are subject to an arbitration agreement. However, using the fundamental principle “arbitration is a matter of contract,” the Court in Zeltser v. Merrill Lynch & Co. did just that.

Class Dismissed: Recent Lessons From The Supreme Court

July 25, 2013 | Publication

It’s a changed world for class action litigation, thanks to the U.S. Supreme Court – one in which arbitration agreements are powerful, and class certification may be significantly more difficult to achieve. This article contains practice tips for navigating the new, and still evolving, legal landscape.

Privacy: The Next Frontier in Consumer Class Actions?

July 15, 2013 | Publication

The recent comScore decision and others allowing privacy cases to proceed in the absence of actual damages may imply that the legal landscape is changing. In fact, comScore suggests that if a lead plaintiff in a purported privacy class action can overcome the standing hurdle by citing statutory damages, then the class certification hurdle may also be manageable.

Some Class-Action Waiver Clauses Continue to be Held Unenforceable, Even After Concepcion

February 6, 2013 | Publication

A discussion on emerging best practices for drafting arbitration clauses with class action waivers.

Better Know a Plaintiff: A Lesson from the Skinnygirl Margarita Class Action Lawsuit

February 1, 2013 | Publication

Through an exploration of the decision in the case of Rapcinsky v Skinnygirl Cocktails, L.L.C., this article defends the importance of paying close attention to the specifics surrounding the proposed class representative’s claims and how personal experience could be grounds for defeating a class.

Another Blow To Advertising Class Actions

October 9, 2012 | Publication

In Wake of Wal-Mart Case, Class Actions Still Alive and Well

November 14, 2011 | Publication

Class Actions: Is Bigger Always Better?

January 25, 2011 | Publication

Mr. Stewart opines on the growing consensus that class actions are not always the best means by which to resolve complex litigation.

Contemplating Class Action Waivers

December 1, 2010 | Publication

Building the Best Firewall. Ethical Issues In Settlement Negotiations and Approval of Class Action Settlements

October 14, 2020 | Presentation

Melissa H Maxman moderated an American Bar Association panel during the Class Actions National (Virtual) Institute that examined the ethical challenges and boundaries to class action settlements. The panel explored several themes, including attorney communications with absent class members; potential conflicts of interest between class members; and objectors to class action settlements.

Melissa H Maxman Discusses the Best Practices for Defending a Private Civil Class Action Lawsuit

January 30, 2020 | Presentation

Melissa H Maxman presented a CLE on "Preventing and Defending a Private Civil Class Action Price-Fixing Lawsuit: Best Practices for a New Decade" at a program hosted by Lawline. She outlined clear steps to ensure the best strategies to prevent and defend against different types of anticompetitive allegations.

Melissa H Maxman Moderates Panel on Collective Actions

October 17, 2019 | Presentation

Melissa H Maxman moderated a panel at the 2019 American Bar Association National Institute on Class Actions. The panel, “Collective Actions on a World Stage – A Global Musical,” discussed how other markets might benefit from class or collective actions in an increasingly harmonized world.

ABA’s 22nd Annual National Institute on Class Actions

October 19, 2018 | Presentation

Partner Melissa Maxman spoke at the 22^nd Annual National Institute on Class Actions hosted by the American Bar Association in Chicago. The panel discussion, “Big Price Tags, Big Issues”, explored the proliferation of third-party financing and its challenges.

"Rule 12, The Motion to Dismiss"

October 30, 2017 | Presentation

Lawrence T Gresser spoke at the 2017 Forum on Defense Class Action regarding Rule 12, The Motion to Dismiss. The session covered how the courts have applied Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) at the pleading stage, and reviewed the current status of other defenses that are often raised by defense counsel in motions to dismiss putative class actions.

Melissa H Maxman Moderates Panel at ABA National Institute on Class Actions

October 26, 2017 | Presentation

Melissa H Maxman moderated a panel at the 2017 American Bar Association National Institute on Class Actions, titled “Tapping the Collective Consciousness: How Americans Feel About Class Actions and Why.” The panel discussed legislation designed to correct class-action lawyers’ alleged abuse of an inefficient legal system.

Moderator, “Class-Action Ethics from a Real-Life Perspective”

October 19, 2016 | Presentation

ABA 20^th Annual National Institute on Class Actions in Las Vegas NV

Class Action Defense

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