Class and Derivative Actions
Our Class and Derivative Actions Group represents
industry leading companies and institutions in high-stakes
Leadership
cases nationwide. In fact, defense of class actions has
been at the heart of Bryan Cave’s litigation practice for
more than 25 years, including defending class claims in
antitrust, securities and derivative actions, as well as
class consumer fraud, breach of warranty, contract,
environmental tort and other regulatory claims against
manufacturers, retailers, financial institutions and
insurance carriers. Our approach is to team class action
Douglas A. Thompson
(Leader)
Partner
Santa Monica, California
douglas.thompson@bryancave.co…
litigators with lawyers versed in the particular subject
matter of the action.
We also team with lawyers who
practice before regulatory agencies and the Department
of Justice or local law enforcement agencies, as appropriate.
We have handled more than 915 class action lawsuits in the last five years, and we are
currently handling more than 240 class actions. In 2014 alone, approximately 260 of our
lawyers worked on class action defense matters in 80 venues in 33 states. We offer depth of
talent in every U.S.
office, as well as the U.K. and Continental Europe (where class claims are
just beginning). We have defended hundreds of class claims, in all areas of substantive law, in
virtually every jurisdiction in the United States and Canada.
We plan a defense most suitable
for the goals and budget of each client. We have tried class claims to judgment before judges
and juries, and we believe anticipating that possibility is the most effective defense.
Page 1 of 4
. Bryan Cave class action and derivative action clients have included H&R Block, Inc., Wells
Fargo Advisors, Stifel, Nicolaus & Company, George K. Baum & Company, Ralcorp Holdings,
Inc., Monsanto Company, Merck & Co., Inc., Emerson Electric Co., The Boeing Company,
McDonnell Douglas Corp., UnitedHealth Group, Ford Motor Co., Mercedes-Benz USA, Union
Pacific Railroad, Evenflo Company, Inc., Michelin North America, Inc., Ferrellgas, BJC
HealthCare and Enterprise Holdings, among others including leading national bank entities.
Members of our Class and Derivative Actions group regularly speak at leading industry
conferences, including the Sedona Conference on Complex Litigation and Class Actions and
the American Conference Institute’s Annual Conference on Consumer Finance Class Actions &
Litigation.
Cost-Effective Litigation
Bryan Cave staffs cases cost-effectively, using the most efficient mix of resources around the
firm. With experienced trial lawyers throughout our offices, we can leverage our lower cost
locations to provide clients with the best service at the best possible rates. To align our
interests with our clients’ interests and give our clients more certainty with respect to cost, we
embrace a variety of alternative fee arrangements.
We can price discrete stages of litigation,
propose risk-sharing arrangements or develop other non-hourly pricing structures to meet our
clients’ objectives.
We have also invested time, thought and resources in seeking out non-traditional solutions to
lowering legal costs associated with class claims. These include a variety of case management
tools, from client-specific extranet sites, linked to an ongoing matter and designed to keep
attorneys and clients informed of important case developments, to risk assessment and
management applications that can weigh the benefits of early settlement versus going to trial.
To address the rising costs of eDiscovery, we maximize savings for clients through strategies
like alternative fee arrangements, internal data processing, preferred pricing relationships with
vendors and internal hosting of document review and case management platforms. Our
Page 2 of 4
.
powerful concept-searching software exponentially speeds review time by organizing
documents by "concept" or "issue" instead of a traditional linear, custodian-by-custodian basis.
We have a dedicated eDiscovery Services and Accelerated Review Team, a core group of
trained Bryan Cave eDiscovery lawyers, and when needed can bring on teams of 50 or more
contract lawyers in our secure, state-of-the-art discovery annex in St. Louis.
Areas of Experience
Lawyers in this group have handled hundreds of class and derivative actions, in federal and
state courts throughout the United States, involving:
Antitrust
Consumer financial services
Consumer fraud, RICO, unfair business and sales practices
Employment and FLSA
ERISA and Employee Benefits
Fiduciary duty and corporate governance
Food, beverage and cosmetics labeling
Franchise issues
Insurance sales and marketing practices
Merger challenges
Multidistrict Litigation
Securities fraud
Shareholder derivative actions
Toxic Tort
Specific Areas of Focus
Page 3 of 4
. Specific Areas of Focus
Antitrust Class Actions
Consumer Fraud, RICO, and
Unfair Business and Sales
Practices Class Actions
Food, Beverage and Cosmetics
Labeling Class Actions
Merger Challenge Class Actions
Multidistrict Litigation
Shareholder Derivative Actions
Page 4 of 4
.