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Crowell & Moring's lawyers have substantial experience representing retail clients in a broad range of complex consumer class actions. Among other issues, we have defended retailers against claims of false advertising, unfair business practices, fraud, antitrust, constitutional violations, consumer privacy and credit breaches, and disability and discrimination violations.

Our class action practice draws upon our deep litigation bench coupled with our knowledge of the industry and related practice areas. Where necessary, we also take advantage of our national coordinating counsel management skills, in which Crowell & Moring has particular experience. We are knowledgeable in the rules, procedures, and strategies involved in coordinating complex cases, through the U.S. Judicial Panel on Multidistrict Litigation and elsewhere, as well as other litigation coordination techniques designed to leverage favorable substantive rulings across jurisdictions and minimize duplicative discovery and litigation expense.

Representative Engagements

  • Representation of AT&T in multidistrict litigation (MDL) consumer class action matters involving iPhones 3G, iPads and iPhone 4
  • Representation of a nationwide wireless products and services provider in various consumer class actions, including two MDL proceedings, with allegations ranging from product defects to marketing misrepresentations about service features, to improper billing practices; many of these cases include claims under state consumer protection laws, such as the California Consumer Legal Remedies Act and Unfair Competition Law (sections 17200 and 17500)
  • Representation of an international retailer in defending against multiple representative and class actions alleging unfair competition, false advertising, and statutory violations; obtained judgment at the pleading stage in a putative class action filed in federal court alleging violations of federal and state constitutional rights and seeking several million dollars — judgment was affirmed by the U.S. Court of Appeals for the Ninth Circuit
  • Representation of Amazon.com, Sears, Kmart, and Target Corporation in a California Business & Professions Code § 17200, Consumer Legal Remedies Act, and false advertising action challenging computer printer sales
  • Representation of a retailer in a putative class action alleging violations of the Fair and Accurate Credit Transactions Act (FACTA); Crowell & Moring led a joint defense group to coordinate strategy and share costs with other defendants — through an aggressive defense and prior to depositions or class action briefing, we negotiated a stipulated voluntary dismissal of plaintiffs' claims without payment of any settlement or finding of liability
  • Representation of a manufacturer of personal computers against a consumer class action challenging the company's Internet sales tax practices
  • Representation of an international retailer against consumer claims alleging discrimination based on race

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D.C. Deputy Attorney General Toni Michelle Jackson Joins Crowell & Moring (Apr.14.2021)
Firm News/Announcement
"11th Cir. Rejects Standing Due to Threat of Future Identity Theft & Further Deepens Circuit Split," Privacy Law Alert (February 9, 2021). Contacts: Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Jennifer S. Romano, Paul M. Rosen, Nathanial J. Wood, Jacob Canter
Client Alert/Newsletter
"COVID-19 Class Actions: Refund Disputes Rage Over Membership Fees & Event Tickets," Mass Tort, Product, and Consumer Litigation Alert (April 17, 2020). Contacts: Christopher A. Cole, Valerie M. Goo, Jennifer S. Romano, Raija Horstman, Eli Berns-Zieve, Suzanne Trivette
Client Alert/Newsletter
"Does Bristol-Myers Squibb Apply to Nationwide Class Actions in Federal Court? The First Two Federal Circuits Weigh In," Mass Tort, Product, and Consumer Litigation Alert (March 17, 2020). Contacts: Clifford J. Zatz, April Nelson Ross, Gloria Martinez Trattles
Client Alert/Newsletter
"Class Action Alleging XRP is a Security Survives Critical Motion to Dismiss," White Collar Alert (March 2, 2020). Contact: Michelle Ann Gitlitz
Client Alert/Newsletter
UK Litigation – Class Actions: A New Era in the UK? (January 22, 2020). Contributor: Robert Weekes.
Publications
"Value Champion: Leveraging Investigations Teams to Impact the Bottom Line," GICLI's Fifth Annual Meeting, Incline Village, NV (October 15, 2019). Moderator: Daniel A. Sasse; Panelist: Deborah E. Arbabi.
Speech/Presentation
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States (Sep.20.2019)
Firm News/Announcement
The Best Lawyers in America 2020 Recognizes 49 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year (Aug.16.2019)
Firm News/Announcement
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States (Oct.15.2018)
Firm News/Announcement

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Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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