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Class Action Litigation

Client and Industry Challenges

Class action litigation is on the rise and continues to become increasingly more sophisticated and expensive. Plaintiffs’ ability to choose numerous jurisdictions also means companies need to defend themselves more strategically. Businesses are looking for creative solutions and aggressive and cost effective strategies. In order to help our clients achieve this goal, our experienced class action litigation team offers a multidisciplinary and seamless approach to handling complex class action cases.

Snell & Wilmer has a substantial and varied practice in the defense of class action litigation in federal and state courts across the country. Our ability to defend class action lawsuits nationwide is enhanced by the geographic diversity of our offices and the resources we can bring to bear in large class action litigation. We practice law from nine fully integrated offices nationwide. We rank among the largest law firms in the Southwest with more than 400 attorneys, over half of whom are litigators.

Areas of Service

Securities and Business Fraud Defense: Our firm represents companies and individuals in securities fraud class actions involving the issuance of public and private securities under federal and state securities laws and individuals under investigation or subpoena by the Securities and Exchange Commission and state counterparts. In both civil and criminal contexts, Snell & Wilmer represents defendants against allegations of insider trading, registration and regulatory violations, perpetration of Ponzi schemes and RICO violations.

Labor and Employment: Our team of 30 labor and employment lawyers have defended numerous class actions in state and federal courts. We have represented clients in a broad variety of claims, including leave violations, race discrimination and harassment, sex discrimination and harassment, age discrimination and harassment and multiple wage and hour issues, many of which were class actions.

Financial Services Litigation: Our financial services litigation team is a diverse group of attorneys with comprehensive experience in representing the financial services industry. Our attorneys possess a thorough working knowledge of all applicable statutes and regulations coupled with establishing collaborative working relationships with the client's internal litigation support personnel to effectively provide the early assessment necessary to ensure the cost-effective management of individual consumer cases. Snell & Wilmer’s Financial Services Litigation team has represented financial institutions in mediation, arbitration, trials and appellate matters in cases ranging in size from individual consumer cases to nationwide class actions.

Digital Advertising and Marketing: We have extensive experience representing clients in consumer protection litigation, specifically regarding advertising and promotions, including Internet marketing and advertising matters involving advertisers, advertising networks, affiliate/publishers and claims involving violation of the Telephone Consumer Protection Act and various state consumer protection statutes. We regularly advise clients with respect to consumer class action litigation, and investigations by the Federal Trade Commission and various state attorneys general and consumer protection divisions.

Pharmaceuticals and Medical Devices: Once faced with litigation, pharmaceutical and medical device manufacturers rely on us to assist them through the process handling product liability and tort actions, class actions, mass tort litigation and multi-district litigation cases. We understand the importance of having experienced legal counsel equipped to integrate rigorous scientific analysis with efficient advocacy in order to limit liability wherever possible for our clients.

Insurance Defense: Our team regularly defends insurance companies in national and state class actions. We have taken the lead in high-exposure class actions against carriers that have been dismissed either by the plaintiffs or courts. These cases have been in Madison County, Illinois (the birthplace of insurance class actions), Chicago, Florida, New Mexico, Arizona and California. We also consult for clients in numerous other jurisdictions.

Clients We Serve

Snell & Wilmer's high level class action litigation practice has significant experience defending Fortune 500 companies and other organizations in a variety of industries, including financial services, pharmaceutical and medical devices, digital advertising and marketing, and manufacturing. Our attorneys excel at assisting clients in managing the demands of litigation in heavily regulated industries against a broad range of class action issues such as financial services, product liability, consumer fraud, securities claims and employment.

Experience

​​Highlights of Snell & Wilmer's high-level class action litigation experience, representing various industries, are summarized below.

Banking Industry

  • Defended national financial service institutions and Fortune 500 companies in state and national class actions alleging various consumer claims and regulatory violations. Experience with MDL proceedings in class actions
  • Defended national banking associations in class actions arising out of the Truth-in-Lending Act, fees assessed in connection with consumer payoffs of residential mortgage loans, over-limit fees assessed in connection with revolving credit card accounts, and interest rates assessed in connection with co-branded affinity credit card agreements
  • Represented national banking association in a nationwide class action relating to late fees assessed in connection with revolving credit card accounts. Negotiated, documented and administered settlement with nationwide class
  • Defended national major financial institution in a purported nationwide class action arising out of fees assessed in connection with consumer payoff of residential mortgage loans
  • Defended a large national commercial lender in multi-million dollar lender liability litigation
  • Proactively represented multiple national banking associations and credit card issuers in cases throughout the West in connection with issues arising from fraudulent debt avoidance schemes utilizing sham arbitration awards issued by unauthorized arbitration forum
  • Representations include both defending against confirmation of sham arbitration awards, moving to vacate sham arbitration awards pursuant to the provisions of the Federal Arbitration Act and seeking injunctive relief to bar sham arbitration forum from issuing any further fraudulent awards with the customers of certain credit card issuers
  • Extensive representations of financial services institutions in matters arising under the Fair Credit Reporting Act, Fair Debt Collections Practices Act, Truth in Lending Act and various federal and state consumer protection statutes throughout the West
  • Currently defending three class actions (wrongful foreclosure cases) in Nevada for a mortgage lending institution
  • Lead counsel for class action defendants in Utah, Arizona and Illinois, in cases involving complex federal statutory schemes, including consumer protection cases against lending and financial institutions
  • Represented a national bank in a class action involving claims of discriminatory lending practices

Digital Advertising and Marketing

  • Defended client in class action jury trial
  • Defended putative nationwide class action suit alleging false advertising/consumer protection and civil racketeering
  • Previously defended and currently defending neutraceutical companies in false advertising/consumer protection nationwide putative class actions in various courts across the country including California, Illinois, New Jersey and Utah
  • Defended client in multiple Federal District Court putative class action suits alleging fraud and false advertising
  • Defended potential suit alleging false advertising claims and violation of consumer protection statutes by Florida attorney general
  • Defended putative nationwide class action claim asserting violation of the Telephone Consumer Protection Act

Corporate Commercial Matters

  • Defended several Fortune 1000 companies in state class actions in several Western states, including Arizona, Washington, Nevada and California
  • Advised and defended multi-million and multi-billion dollar corporations before courts and administrative agencies in matters involving wage hour claims including class actions, every type of discrimination and harassment claim, unfair competition claims, trade secret violations and wrongful termination claims

Insurers

  • Represented large national automobile insurer in a $21 billion nationwide consumer class action alleging the price-fixing of insurance
  • Defended multiple state and federal class action claims brought against insurers and manufacturers in state and federal courts in Arizona, California, Florida, New Mexico and Illinois. Worked with in-house counsel to manage resources and provide effective services
  • As national and local lead counsel, directed state and federal class actions against insurers and manufacturers
  • Served as Arizona counsel for out-of-state insurers on complex cases including coverage, termination and controversies with other carriers
  • Defended large consumer auto insurers in multiple nationwide and state class actions alleging antitrust violations and seeking damages ranging from $2 billion to more than $20 billion
  • Defended national insurance company in class action pending in Illinois requiring nationwide discovery coordination and collection of electronically stored information
  • Represented major insurance company in an antitrust class action by industry group
  • Represented health insurer in a nationwide consumer fraud class action alleging improper and concealed provider "discounts"

Labor and Employment

  • Experience defending employers against discrimination and retaliation claims, brought by single and multi-plaintiffs, at all stages including in state/federal administrative agencies and state/federal court
  • Defense of wage hour class action litigation on behalf of service and retail clients
  • Experience handling multi-plaintiff litigation cases, including class actions involving the EEOC
  • Member of a national coordinating counsel team overseeing litigation of a large number of wage/hour class actions, FLSA collective actions and MDL proceedings on behalf of a national employer