Contacts:
Craig A. Hoover, Washington, D.C.

Class action lawsuits represent a large and growing threat to the everyday business practices of domestic and foreign companies. Regardless of their merits, these suits readily garner media attention, frequently dovetail with government inquiries, and give the appearance of pitting customers, employees, or shareholders against a company, posing immediate risks to a defendant’s reputation as well as its bottom line. These realities require a defense strategy that focuses on all of these issues, simultaneously, from the moment a lawsuit is filed. We assist clients in formulating a rapid response that secures the most advantageous forum, combats adverse publicity, and deals with regulators and legislative committees, all while seeking the earliest possible resolution and preparing to defend the company’s practices aggressively.

Hogan & Hartson has assembled a multidisciplinary team of lawyers highly experienced in aggressively defending class actions. We have also defeated class certification in a number of cases in both federal and state court. We have experience litigating issues arising under the recently-passed Class Action Fairness Act, which has shifted the legal landscape in which some of these suits are brought. Our group is composed of more than 60 attorneys with wide experience in defending class actions in areas such as the Racketeer Influenced and Corrupt Organizations Act (RICO), antitrust, health care, pharmaceutical and biotechnology, insurance, finance, securities, products liability, environmental, and employment. Currently, the firm is playing a major role in four of the largest multi-district litigation (MDL) class action proceedings in the country: In re Managed Care Litigation (MDL-1334), In re Pharmaceutical Industry Average Price Litigation (MDL-1456), In re Insurance Brokerage Antitrust Litigation (MDL-1663), and In re Pet Food Products Liability Litigation (MDL-1850).

We have no single playbook for defending against class actions — the cases are too varied and the legal environment is ever-changing. But our experience is that the best results, including the most favorable early resolutions, are secured by a demonstrated willingness to defend these cases aggressively from day one. Indeed, these go hand-in-hand: a company fully prepared to defend its business practices is an unattractive target for protracted litigation. We have a proven record of successful defense of class actions on behalf of our clients, including achieving early dismissals. In the Not-for-Profit Hospital Litigation, we were able in just over a year to obtain the dismissal of more than 50 actions filed against our client and defeat class certification across the country. Additionally, our efforts on behalf of a foreign government resulted in the dismissal at the threshold motions stage of a class action suit seeking reparations stemming from the conduct of its military in World War II, a ruling that was upheld by the U.S. Court of Appeals for the District of Columbia Circuit.

Our class action lawyers closely collaborate with lawyers in our legislative practice and in other regulatory practices involving the affected industries to provide comprehensive and integrated representation. We regularly work with industry groups and with the federal judiciary on legal reform efforts and on developing improved class action procedures that would minimize opportunities for abuse.