Class Action Defense

Named the “Class Action Litigation Department of the Year” for 2017 by the New Jersey Law Journal, Gibbons provides a wealth of talent to match client needs. Class actions are “bet the company” cases, for all but the largest entities, where numerous first impression and cutting-edge issues typically emerge. Class actions usually require ongoing and frequent judicial intervention, for which Gibbons’s reputation and high profile in the region’s courts serve clients well. The firm’s senior litigators bring decades of hands-on experience with the most sophisticated, complex class actions, backed by a deep bench of former federal and appellate law clerks. Gibbons understands and delivers the intensity needed for these types of cases and can deploy the multidisciplinary talent they require. Always alert for the efficient result, Gibbons frequently has been able to engineer resolutions before the class discovery and certification stage.

Gibbons has defended corporate clients in numerous industries, including pharmaceutical, biotechnology, dietary supplements, foods and cosmetics, medical devices, telecommunications, computer software and technology, automotive, consumer electronics and appliances, financial services, insurance, construction materials, consumer products, and many others. We have defended class actions arising out of business practices that are alleged to have violated state and federal statutes, common law, privacy laws, municipal ordinances, labor and employment laws, contract terms, and website terms and conditions, as well as class actions arising out of the actual services provided by clients, including laboratory services, towing services, rent-to-own, and many more.

Gibbons has dedicated practice groups that focus on specific types of class action defense, including ADA discrimination; antitrust; consumer; employment, labor, and ERISA; privacy; and securities.

Areas of Focus

ADA Discrimination Class Action Defense

Gibbons has a dedicated Americans with Disabilities Act (ADA) Discrimination Class Action Defense Team of experienced class action and ADA practitioners that includes members of the firm’s Class Action Defense Team, whose practice was named “Class Action Litigation Department of the Year” in 2017 by the New Jersey Law Journal.

The ADA Discrimination Class Action Defense Team has successfully represented numerous retail and food industry clients and their affiliates in separate state and nationwide class actions, venued in the state and federal courts of New York, California, Pennsylvania, and Illinois and alleging violation of Title III of the ADA. These cases have involved various forms of alleged discrimination, including claims regarding the inaccessibility of corporate websites to vision impaired individuals and physical barriers to access in places of public accomodation, including retail and entertainment venues. These cases have sought injunctive and compensatory relief for violations of the ADA and analogous state and local anti-discrimination laws. We have also represented a Fortune 500 client in an ADA class action involving claims that electronic check-in kiosks violated the ADA because they were allegedly not independently accessible and failed to provide effective communication to the visually impaired. Regarding the latter, Gibbons co-tried that nationwide class action before the United States District Court for the Central District of California, one of only a few ADA class actions that have proceeded through trial.

Based on their experience and proficiency, our attorneys have instant credibility in state and federal courts. The success and efficiency of the ADA Discrimination Class Action Defense Team are a function of this experience and proficiency, as well as the dedication of our attorneys and development of comprehensive litigation strategies that can be effectively tailored to address the specific needs of individual clients and matters.

Antitrust Class Action Defense

Gibbons enjoys a nationwide reputation as one of the premier firms in antitrust litigation. Our long, multifaceted history of antitrust litigation dates back to the firm’s 20-year role in the alleged Japanese electronics cartel case, which was ultimately resolved in our client’s favor in the landmark United States Supreme Court decision, Matsushita Electric Industrial Co. v. Zenith Radio Grp. Our experience with multiparty price-fixing cases, together with single-firm monopolization allegations, has continued to this day. In addition, on a daily basis, we provide counseling to numerous clients involving antitrust, sales and distribution, franchise, and professional association matters.

Many of the firm’s antitrust representations arise in the context of private class actions. The firm is well-positioned to handle these matters with litigation teams that include both the firm’s experienced antitrust lawyers and attorneys who focus their energies on the defense of class actions of every description.

Consumer Class Action Defense

Gibbons has a dedicated Consumer Class Action Defense Team of experienced attorneys who adeptly handle class actions asserting a broad range of common law and statutory claims in a wide variety of industries. The Consumer Class Action Defense Team anchored the firm’s 2017 award for “Class Action Litigation Department of the Year” from the New Jersey Law Journal. It is supported by a broader Business & Commercial Litigation practice ranked in the top tier of New Jersey firms by the Chambers USA Guide to America’s Leading Lawyers for Business.

 Gibbons’s Consumer Class Action Defense Team has instant credibility in the state and federal courts in New Jersey, New York, and throughout the region and country. Our seasoned team has defended lawsuits on behalf of major manufacturers and distributors of automobiles, building materials, consumer electronics, printers, dietary and nutritional supplements, foods and cosmetics, pharmaceuticals, medical devices, consumer products, gift certificates, websites, and educational supplies. We have substantial experience in state and federal class actions asserting claims under consumer protection statutes in New Jersey, New York, California, Massachusetts, Illinois, Florida, Pennsylvania, and many other jurisdictions. We also have significant experience defending class actions involving data breach and privacy matters, the federal Wiretap Act, Americans with Disabilities Act (ADA), Magnuson-Moss Warranty Act (MMWA), Fair and Accurate Credit Transaction Act of 2003 (FACTA), Telephone Consumer Protection Act (TCPA), and the Racketeer Influenced and Corrupt Organizations (RICO) Act. We have defended class claims relating to the business practices and services of our clients that may be impacted by municipal ordinances, state or federal labor and Prevailing Wage Act laws, and various construction-related matters.

The efficiency of this Team is a function of the experience and dedication of our attorneys and development of comprehensive litigation strategies that can be effectively tailored to address the specific needs of individual clients and matters.

Our Consumer Class Action Defense Team adeptly manages complex e-discovery issues, recognizing that class action defendants face disproportionate and burdensome discovery obligations. We are well-versed in the evolving rules and jurisprudence regarding e-discovery and have successfully litigated these issues to protect our clients’ interests in state and federal courts.

Employment, Labor, and ERISA Class Action Defense

Gibbons has experience defending high-stakes employment cases, bringing to bear the resources of the firm’s highly rated Employment & Labor Law practice with our Class Action Defense Team. We have defended clients in employment and health benefits class actions, collective actions, and multiplaintiff litigations in federal and state courts, including matters involving claims under the Fair Labor Standards Act (FLSA) and state wage and hour laws, the Employee Retirement Income Security Act (ERISA), and federal and state anti-discrimination laws. We also have experience in enforcing arbitration agreements to help clients pre-empt or obtain dismissal of class actions.

In addition, Gibbons counsels ERISA plans and administrators, with a focus on larger and impactful litigation matters concerning benefits under ERISA plans. We have moved the law ahead in this area, winning high-profile decisions on issues with broad application in the health benefits field. Gibbons has defended class actions based on cutting-edge issues of coverage for experimental and unproven medical treatment, “usual and customary” reimbursement rates, and the applicability of state insurance regulations. We continue to be involved in litigation with statewide and regional impact regarding billing practices by major healthcare institutions.

Privacy Class Action Defense

Gibbons has a dedicated Privacy Class Action Defense Team of experienced class action and privacy practitioners that includes members of the firm’s Class Action Defense Team, whose practice was named “Class Action Litigation Department of the Year” in 2017 by the New Jersey Law Journal. Based on their substantive experience and proficiency, our attorneys on the Privacy Class Action Defense Team have instant credibility in state and federal courts throughout the region and across the nation.

Our seasoned Privacy Class Action Defense Team is able to effectively and efficiently address heightened concerns about privacy practices, security incidents, and the potential exposure to class action lawsuits arising out of the collection, use, storage, and sharing of consumer and employee data. We have defended lawsuits alleging a wide range of claims involving: (i) data breaches and security incidents; (ii) privacy-related claims asserted under federal and state statutes including the federal Wiretap Act, California Invasion of Privacy Act (CIPA), California Consumer Records Act (CRA), California Consumer Privacy Act (CCPA), Video Privacy Protection Act (VPPA), Fair and Accurate Credit Transaction Act of 2003 (FACTA), and Telephone Consumer Protection Act (TCPA); and (iii) breaches of privacy relating to customers’ Payment Card Industry (PCI) data and personally identifiable information (PII). We have also defended various website accessibility lawsuits asserted under the Americans with Disabilities Act (ADA).

The success and efficiency of the Privacy Class Action Defense Team is a function of the experience and dedication of our attorneys and development of comprehensive litigation strategies that can be effectively tailored and implemented to address the specific needs of individual clients and matters.