Class Actions

Our recent representations include: 

• Representation of Corporate Resource Services Inc. in a putative class action in the Southern District of New York over securities fraud claims against the outside directors (obtained dismissal of all claims) 
• Representation of Cantor Fitzgerald in multiple class action lawsuits pending in the Southern District of New York concerning alleged collusion in the auction market for federal Treasury notes and bonds 
• Representation of Macquarie in two civil class actions alleging global banks manipulated various financial benchmark rates: the Singapore Offered Rate (SIBOR) and the Singapore Swap Offer Rate (SOR), and the Australian Bank Bill Swap Reference Rate (BBSW)
• Representation of WestLB in multiple consolidated class action lawsuits in U.S. District Court for the Southern District of New York regarding alleged collusive manipulation of the Dollar London Interbank Offered Rate (LIBOR)
• Representation of Renal Advantage in the successful defense of proposed class action regarding California and federal wage and hour misclassification claims (U.S. Court of Appeals for the Ninth Circuit affirmed the decision) 
• Representation of Shuyemora Cosmetics and Sephora in defense of a class action under California’s Proposition 65 alleging sale of tainted cosmetics and under Cal. Bus. & Prof. Code Section 17200 alleging false advertising (achieved dismissal following de minimis settlement) 
• Representation of ALSTOM in the defense of a consolidated federal class action brought on behalf of purchasers of the company’s stock (secured a de minimis settlement for the client, despite initial liability estimates of up to €4 billion) 
• Representation of Fresenius Medical Care in defense of a class action in the Central District of California. Plaintiffs, seven health benefit plans, claimed that defendants conspired to promote off-label uses of two Amgen drugs, violating the Racketeering Influenced and Corrupt Organizations Act (RICO) and California consumer fraud laws. Hughes Hubbard achieved dismissal with prejudice prior to any pre-trial discovery having been conducted. 
• Representation of Burberry in defense of putative class action alleging violations of the Fair and Accurate Credit Transactions Act, 15 U.S.C. § 1681c(g) of the Fair Credit Reporting Act (defeated class certification) 
• Representation of DS Waters in defense of a consumer class action alleging claims of unfair competition and false advertising and violations of California’s Consumer Legal Remedies Act (plaintiff dismissed case after discovery phase)
• Representation of DS Waters in defense of consumer class action alleging false advertising and warranty claims based on offers for free Sparkletts products (achieved de minimis, coupon-based settlement after defeating plaintiff’s request for injunctive relief) 
• Representation of Merck & Co. in defense of consumer class action alleging unfair competition in average wholesale pricing of prescription pharmaceuticals (achieved dismissal with no payment by defendants)
• Representation of Merck & Co. in defense of Cartwright Act and Cal. Bus. & Prof. Code Section 17200 claims brought by independent pharmacies alleging price-fixing and unfair competition with respect to prescription pharmaceuticals (won summary judgment in favor of Merck; affirmed on appeal) 
• Representation of Pioneer Electronics in defense of several consumer class actions alleging false advertising, and breach of warranty and refund practices relating to DVD players. Hughes Hubbard won summary judgment and defeated class certification in cases in California, New York, New Jersey and Florida and achieved de minimis nationwide class settlement in Texas and Delaware cases. 
• Representation of Circus Circus Hotel & Casino and Mandalay Bay Resorts in defense of putative class action alleging false advertising of hotel room rates (achieved de minimis $1 per claimant coupon settlement)
• Representation of Motorola in defense of five separate class action cases throughout California alleging false advertising and unfair trade practices related to mobile phones. Four out of five cases were disposed of on summary judgment in favor of Motorola; the remaining case settled for nuisance value. 
• Representation of Fresenius Medical Carein defense of meal break wage and hour claims in the Central District of California (defeated class certification)