Innovative technology and life sciences companies look to Fenwick litigators to defend state and federal consumer class actions nationwide. Fenwick also has successfully defended clients against mass consumer arbitration campaigns.

Consumer Class Action Litigation

We have defended 100+ consumer class actions over the past five years in the following areas:

  • Privacy and data security
  • False advertising
  • Unfair competition
  • Enforcement of terms of service
  • Internet transactions
  • Copyright and right of publicity claims
  • Technology performance
  • Consumer protection and breach of warranties
  • Statutory violations, including TCPA, FRCA, ECPA, CFAA, FACTA, ADA and auto-renewal laws

Whether at the pleading, class certification, summary judgment or trial stage, Fenwick crafts and drives strategies that achieve the best outcomes for our clients. The firm has a strong record of securing early dismissals in class actions, allowing our clients to continue their business uninterrupted. We are well-positioned to develop strong defenses and obtain early dismissal of claims, minimal cost resolutions or denial of class certifications.

Fenwick employs efficient and effective techniques in discovery to achieve success at the class certification and summary judgment stage. We have successfully decertified classes that were certified under prior counsel after we appealed. We also develop innovative approaches to structuring settlements that survive objector challenges and obtain court approval. U.S. News ― Best Lawyers Best Law firms has recognized Fenwick’s success nationally in commercial litigation.

Additional practice highlights include:

  • Successfully enforce terms of service to compel arbitration
  • Obtain dismissals at the pleading stage and successfully challenge class certification
  • Handle complex multi-district class action litigation
  • Manage the intersection of regulatory (FTC, state AG) and consumer class action threats

Mass Arbitration

Fenwick has successfully defended companies in multiple, coordinated arbitration campaigns comprising tens of thousands of individual consumer arbitrations. We have developed unique strategies and custom software solutions to mitigate the risks that accompany mass arbitration. We have managed mass arbitrations to successful global resolution by beating back coordinated attacks, at times leveraging opportunities to streamline and consolidate actions, and at others defending—and winning—cases on an individual basis.

Counseling Services

Our long track record gives us a competitive advantage when counseling clients, particularly emerging companies, on practices to avoid consumer class claims and mass arbitrations. We also draw on our deep history of representing technology and life sciences companies in consumer class actions and mass arbitrations to advise on and shape the terms of service, warranties, end-user licenses and other agreements on which such cases are often won or lost.

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