Class Actions

LEADERS

Christopher Chorba

Los Angeles

Kahn A. Scolnick

Los Angeles

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Overview

Gibson, Dunn & Crutcher’s Class Actions Practice Group has unrivaled experience in defeating enterprise-threatening class action lawsuits throughout the United States.  Acknowledging the firm’s “ ‘cutting edge’ expertise in various class action ‘issues that cut across different industries,’ ” and its complete integration of trial and appellate litigators, Law360 named us a 2019 Class Action Practice Group of the Year.  The publication has highlighted our team’s many “rescue operation[s]” in seizing victory from the jaws of defeat.

These lawsuits present significant risks to brand equity and business performance.  The Class Actions group at Gibson Dunn has aggressive, methodical strategies for defeating class actions before they ever get off the ground, allowing you to focus on what matters most — your business.  We defeat class certification through the use of systematic, efficient, economical, and winning techniques, and we approach each case with a fresh perspective and challenge conventional methods.  The group has an unparalleled record in securing early dismissal in cases where other defendants facing similar lawsuits have been forced to litigate through costly, burdensome discovery and other pretrial proceedings.

Our unrivaled record of success includes many of the most significant class actions that have changed the landscape for business defendants across the country:

  • Victory in the Courtroom.  Gibson Dunn has an unmatched record of class action wins at trial.  Our lawyers have handled several complex jury trials in state and federal courts throughout the United States, and we regularly obtain defense verdicts in nationwide “test” cases.  As a result of our incomparable success in this arena, we often are able to resolve these matters at an early stage and on very favorable terms for our clients.
  • Appellate Victories.  Our team includes members of the firm’s world-renowned Appellate and Constitutional Law Practice Group who have been able to overturn unfavorable outcomes in the trial courts, including several precedent-setting U.S. Supreme Court wins.
  • Managing Parallel Investigations.  Class action litigation often proceeds in tandem with, and may be prompted by, investigations by federal and state regulators and law enforcement agencies.  Our team of class action lawyers works with our White Collar Defense and Investigations and Crisis Management Practice Groups to proactively and seamlessly manage these situations.

Gibson Dunn’s Class Actions Practice Group is also part of our firmwide litigation department, which The American Lawyer named its 2020 Litigation Department of the Year, recognized as the “best of the best.”  This unprecedented achievement was the firm’s fourth win in the last six years of the publication’s biennial “Litigation Department of the Year” competitions, and the sixth time in a row the firm has been a finalist.

RECENT PUBLICATIONS

A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal

-June 7, 2021

As Mass Arbitrations Proliferate, Companies Have Deployed Strategies for Deterring and Defending Against Them

-May 24, 2021

Don’t turn classrooms into courtrooms and retraumatize victims

-May 4, 2021

First Quarter 2021 Update on Class Actions

-April 28, 2021

Year-End and Fourth Quarter 2020 Update on Class Actions

-January 22, 2021

Third Quarter 2020 Update on Class Actions

-November 10, 2020

Daily Journal Names Theane Evangelis and Carrie LeRoy Among 2020 Top Women Lawyers in California

-November 5, 2020

Numerosity Analysis Fix Can Improve Class Cert. Decisions

-July 28, 2020

Second Quarter 2020 Update on Class Actions

-July 24, 2020

Best Lawyers in Germany 2021 Recognizes 19 Gibson Dunn Attorneys

-June 26, 2020

9th Circ. Unequal Class Cert. Appeal Treatment Is Problematic

-June 23, 2020

Supreme Court Holds That ERISA Defined-Benefit Pension Plan Participants Do Not Have Article III Standing To Sue For Fiduciary Breach

-June 2, 2020

Closed for COVID-19: Class Action Refund Lawsuits, Practical Considerations, & Potential Defenses

-May 19, 2020

Mitigating Class Action Exposure From COVID-19 Disruptions

-May 14, 2020

First Quarter 2020 Update on Class Actions

-April 24, 2020

Competitor Collaborations During COVID-19 Pandemic: Practical Antitrust Guidelines and an Update from the DOJ and FTC

-March 26, 2020

Law360 Names Gibson Dunn Among Its 2019 Class Action Practice Groups of the Year

-February 4, 2020

Year-End and Fourth Quarter 2019 Update on Class Actions

-January 31, 2020

Gibson Dunn Named a 2019 Law Firm of the Year

-January 13, 2020

Gibson Dunn Promotes 13 Lawyers to Partnership

-November 20, 2019

Law360 Names Nine Gibson Dunn Partners as 2019 MVPs

-November 13, 2019

Third Quarter 2019 Update on Class Actions

-November 7, 2019

Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020

-August 15, 2019

Second Quarter 2019 Update on Class Actions

-July 26, 2019

Supreme Court Holds That Third-Party Defendants May Not Remove Class Action Counterclaims To Federal Court

-May 28, 2019

First Quarter 2019 Update on Class Actions

-May 15, 2019

Supreme Court Reaffirms Stolt-Nielsen And Holds That Class Arbitration Requires The Parties’ Unambiguous Consent

-April 24, 2019

Supreme Court Remands Cy Pres-Only Class Action Settlement Question Over Standing Concerns

-March 20, 2019

So will a Martian invasion extend the Rule 23(f) deadline?

-March 13, 2019

Supreme Court Holds That The Deadline For Filing Petitions For Permission To Appeal Class Certification Orders Is Not Subject To Equitable Tolling

-February 26, 2019

Webcast: Class Action Litigation in Europe: Recent Developments and Emerging Trends

-January 24, 2019

Law360 Names Gibson Dunn Among Its Class Action 2018 Practice Groups of the Year

-January 22, 2019

Fourth Quarter 2018 Update on Class Actions

-January 18, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

-January 16, 2019

Law360 Names Eight Gibson Dunn Partners as MVPs

-November 28, 2018

Third Quarter 2018 Update on Class Actions

-October 24, 2018

Second Quarter 2018 Update on Class Actions

-July 18, 2018

Supreme Court Rejects Tolling Of Statute Of Limitations For Successive Class Actions

-June 11, 2018

A Better Method For Achieving Broader Class Action Reform

-June 5, 2018

Supreme Court Upholds Agreements To Individually Arbitrate Employment-Related Disputes

-May 21, 2018

First Quarter 2018 Update on Class Actions

-May 4, 2018

Supreme Court Holds States May Hear Securities Fraud Class Actions Under The 1933 Act

-March 20, 2018

Michele Maryott and Theane Evangelis Named Litigators of the Week

-February 16, 2018

Fourth Quarter 2017 Update on Class Actions

-January 31, 2018

Third Quarter 2017 Update on Class Actions

-November 7, 2017

Second Quarter 2017 Update on Class Actions

-August 1, 2017

Viewing Class Settlements Through a New Lens: Part 1 and Part 2

-July 25, 2017

United States Supreme Court Limits Class-Action Tolling

-June 26, 2017

First Quarter 2017 Update on Class Actions

-May 19, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Class Action Law

-March 13, 2017

Corporate Social Responsibility Statements – Recent Litigation and Avoiding Pitfalls

-March 9, 2017

2016 Year-End Update on Class Actions

-February 1, 2017

Will the High Court Resolve Circuit Split on Class Waivers in Employee Arbitration Agreements?

-November 10, 2016

Third Quarter 2016 Update on Class Actions

-October 27, 2016

Individual Issues Predominate In Toxic Tort Class Actions

-October 4, 2016

The Interrelationship Between Price Impact and Loss Causation After Halliburton I & II

-October 3, 2016

Removing Securities Act Cases: MoneyGram Bucks the Trend

-September 9, 2016

Spokeo and Absent Class Member Standing

-August 12, 2016

The Consumer Financial Protection Bureau and the Future of Class Action Waivers

-July 7, 2016

U.S. Supreme Court Holds That Violation of a Statutory Right, Without a Resulting “Concrete” Injury, Does Not Satisfy Article III’s Injury-in-Fact Requirement

-May 17, 2016

Plaintiffs Face High Class Cert. Bar In Antitrust Cases

-February 8, 2016

2015 Year-End Update on Class Actions

-February 1, 2016

U.S. Supreme Court Hears Argument in Big Data Case with Far-Reaching Implications

-November 9, 2015

Summary Judgment Strategies In Class, Collective Actions

-October 21, 2015

U.S. CFPB Announces Rulemaking To Curtail Use Of Arbitration Agreements That Bar Class Actions In Consumer Financial Contracts

-October 13, 2015

UK Consumer Rights Act 2015 Ushers in Class Action-Style Collective Proceedings Regime in the Competition Appeals Tribunal

-October 2, 2015

The Need to Establish Absent Class Member Standing in Antitrust Class Actions

-October 1, 2015

Supreme Court Should Use Trio of Cases to Reaffirm That Uninjured Plaintiffs Have No Place in Class Actions

-September 25, 2015

2015 Mid-Year E-Discovery Update

-July 15, 2015

Judging Uninjured Plaintiffs’ Standing

-April 29, 2015

Cybersecurity and Data Privacy Outlook and Review: 2015

-February 17, 2015

2014 Year-End Update on Class Actions

-January 30, 2015

Creating a Clear Circuit Split, the Second Circuit Holds That Failure to Disclose Known Trends or Uncertainties Under Item 303 of Regulation S-K Creates Liability Under Section 10(b)

-January 22, 2015

2014 Year-End E-Discovery Update

-January 20, 2015

Ninth Circuit Holds That State Is Precluded from Seeking Remedies Released Through Previous Class Action Settlement

-November 13, 2014

11th Circ. Message: Be Careful With Lone Pine Orders

-November 10, 2014

Emerging Issues in the Law of Class Certification

-October 24, 2014

Duran, Due Process, and the Class Action Device

-August 6, 2014

Dukes May Have Doomed Toxic Tort Class Certification

-July 30, 2014

Employing U.S. Subpoena Power in Support of Foreign Litigation: Chevron Corp. v. Donziger and 28 U.S.C. § 1782

-July 14, 2014

California Supreme Court Unanimously Rejects Statistical Sampling That Deprived Class Action Defendant of Its Ability to Present Individualized Defenses

-May 30, 2014

The Changed Landscape of Businesses’ Right to Enforce Arbitration Agreements: A Survey of Class Actions Involving Petitions to Compel Arbitration After Concepcion

-November 22, 2013

When a Whistleblower Walks: Dodd-Frank and the Challenges That Employee Departures Present

-August 19, 2013

U.S. Court of Appeals for the Second Circuit Addresses “Unsettled Question” of Whether American Pipe Tolling Applies to the Statute of Repose for Securities Act Claims

-July 8, 2013

U.S. Supreme Court Reaffirms Enforceability of Class Arbitration Waivers

-June 25, 2013

The Consumer Financial Protection Bureau: Its Foundation, Authorities, and First Year of Enforcement

-June 5, 2013

Cyber-security and Data Privacy Outlook and Review: 2013

-April 16, 2013

U.S. Supreme Court Prevents Class Action Plaintiffs from Evading Federal Jurisdiction under CAFA

-March 20, 2013

Federal Trade Commission Updates Online Advertising Disclosure Guidelines; Addresses Mobile Devices and Social Media

-March 14, 2013

U.S. Supreme Court Holds That Plaintiffs Need Not Prove Materiality to Obtain Class Certification in Securities-Fraud Class Actions

-March 1, 2013

Class Actions Update: Key Trends and Key Cases in the Year Ahead

-February 20, 2013

The “Next Wave” of Class Certification Issues

-December 14, 2012

Chancery Court Continues Close Scrutiny in Section 220 Actions

-November 28, 2012

Due Process Limitations on Aggregating Claims Under State Procedural Law

-September 14, 2012

Shining the Light on California’s “Shine the Light” Law

-September 5, 2012

Crafting a Successful E-Mail Notification Program

-May 1, 2012

California Supreme Court Hands Down Long-Anticipated Wage-and-Hour Class Action Decision in Brinker v. Superior Court

-April 13, 2012

2011 Year-End Data Privacy and Security Update

-February 7, 2012

A New Battlefield

-February 1, 2012

2011 Year-End Update on Class Actions

-January 30, 2012