The defense of class and derivative claims is a core practice of Bryan Cave, growing out of our extensive experience in all forms of complex commercial litigation. Lawyers in this group have handled hundreds of class and derivative actions, in federal and state courts throughout the country, involving such claims as:

• Securities fraud
• RICO
• Insurance sales and marketing practices
• Truth in Lending
• Fiduciary duty
• Consumer fraud
• Antitrust
• Employment
• Environmental
• Products liability/Mass tort

We have defended class claims involving many different industries, including securities, insurance (life, health, collateral protection and other lines), financial services, medical services, manufacturing, telecommunications, aerospace, automotive, banking, power transmission, retail and consumer credit.

We regularly lead and coordinate litigation in multiple forums simultaneously, including practice before the Judicial Panel for Multi-District Litigation. We have appeared in courts in virtually all of the 50 states, the United States Supreme Court, and numerous federal and state regulatory agencies.

Employment Class Actions

Employment class actions are becoming a greater challenge for employers.  The astronomical potential liability and the public relations issues class claims present require counsel with experience in successfully defending these claims.  Our clients look to us to handle these matters because they find Bryan Cave gives them substantial advantages.

Bryan Cave has the knowledge and capabilities necessary to defend employment class actions anywhere in the country. At any given time, we are defending dozens of class action matters around the country.  Our Employment Class Action Practice combines our experience defending class actions in federal and state courts throughout the country with the specialized insight of lawyers in our offices from coast to coast who regularly counsel clients in all areas of traditional labor and employment law. This combination of experience and knowledge offers benefits for our clients, both in terms of result and cost, that few firms are capable of providing.

Our reputation for excellent results includes employment class actions involving allegations of race discrimination; sex discrimination, including “glass ceiling” and Equal Pay Act claims; age discrimination; sexual harassment; wage claims and employee benefits.  A few examples include:

• Obtaining a summary judgment against the EEOC in an age discrimination case brought on behalf of 450 former employees;
• Negotiating a favorable settlement for a national retailer in a 3,000-member class race discrimination case for hiring, pay and promotion;
• Settling a nationwide class action claiming retiree health care benefits for 50,000 former employees for an international aircraft manufacturer;
• Defeating class certification sought to cover 1,000 employees, then obtaining summary judgment in a pay discrimination case for the largest U.S. telephone company;
• Obtaining dismissal of class action allegations in race discrimination case against a manufacturer alleging hiring, promotion and hostile work environment violations;
• Negotiating strategic pre-litigation settlement with Saperstein firm to avoid nation-wide race discrimination class action against retailer;
• Obtaining summary judgment on “glass ceiling” pattern and practice claims, followed by a favorable settlement on remaining individual claims;
• Winning at trial (which was affirmed on appeal) in a WARN Act case as to whether sudden mass layoffs were “reasonably foreseeable”;
• Obtaining summary judgment in two related WARN Act cases challenging the employer’s determination regarding “single sites of employment.”

The plaintiffs’ bar is extremely familiar with our capabilities and reputation -- and results such as those noted above.  Having counsel regarded as “formidable” by plaintiffs’ lawyers works to your advantage.

We fully understand class actions can be costly and a risk to your business interests.  Our approach is to build a strong defense strategy from the start. The lawyers at Bryan Cave are well-versed in issues critical to the outcome of these cases. We take calculated steps toward the important goal of defeating class certification. We use motion practice to restrict inappropriate discovery of sensitive corporate information. And we are conscious of and experienced at handling the public relations, marketing and regulatory issues that often arise in high-exposure employment class action litigation.

Bryan Cave recognizes that cost containment in all areas - including legal fees - is an important issue. We provide the leanest staffing on employment class action matters consistent with the highest professional standards. We achieve efficiency by staffing cases with a combination of lawyers who have strong working knowledge of employment issues and those who have experience in defending class actions and other complex litigation.  Because we have handled so many class actions and continue to do so on an ongoing basis, we have systems to ensure we handle each case efficiently and effectively.