Duane Morris LLP

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Class Action Litigation

The potential exposure created when hundreds or thousands of claims are brought as a class action – even when the individual value of the claims is small – can be substantial. Defending class actions demands a specialized skill set cultivated through experience. Duane Morris attorneys have represented defendants in thousands of high-stakes state, national, and multi-district class actions, as well as in complex mass tort litigation throughout the country. At Duane Morris, we combine deep class action experience with a thorough understanding of the technical subject matter, resulting in a robust class action defense. Additionally, our state-of-the-art DNASM budgeting software allows us craft optimal defense strategies with our client’s costs in mind at every stage.

Duane Morris’ attorneys tailor defense strategies in the following areas:

Compliance: The best class action defense is not to be sued at all. Our lawyers provide compliance reviews aimed at reducing the risk that our clients will become the next class action target. Should our clients face a class action, proactive compliance planning can minimize risk and cost exposure. Our guidance covers the areas of marketing (direct mail, media advertising, websites and telemarketing), contract review (for compliance with consumer statutes), and employee background screening.

Early Motion Practice: On occasion, motion practice will resolve a class action at the earliest possible stage. More frequently, early motion practice carves down or eliminates parts of litigation or legal theories. Where appropriate, we recommend strategies for early motion practice to reduce our clients’ litigation costs and risk exposure.

Discovery: Discovery in a class action covers both class certification and the merits of the case. These phases may or may not take place simultaneously, though in either event, class action discovery can be voluminous. Our class action practice group fully understands how to strategically structure or limit discovery (such as class sampling and bifurcation), and we have the dedicated technical support personnel to help our lawyers handle the most complex e-discovery issues.

Class Certification: Critical to the class action defense is the opposition to class certification. Our lawyers are well versed in strategies to defeat class certification, particularly with the constantly evolving class certification standards. We present thoroughly researched and supported arguments against certification or for limiting the configuration of the classes and sub-classes.

Dispositive Motion Practice: Where appropriate, we will attempt to resolve class action claims through summary judgment practice, where we maintain a strong record in dispositive motion practice.

Settlement: When resolution of a class action is desirable, our class action practitioners are experienced in crafting cutting-edge class action settlements, through mediation and negotiation. Settlements should be designed to reduce the cost and burden of implementation. We listen to our clients and negotiate settlements that complement our clients’ business objectives to the greatest extent possible.

Settlement Approval and Administration: Once negotiated, judicial approval of class settlements requires yet another specialized skill set, honed through experience in class settlement approval practice. Duane Morris’ lawyers fully understand the intricacies of third-party expert fairness review and can address early claims administration issues such as notice, and rebutting arguments asserted by objectors of all kinds, including those of governmental agencies. After final approval of a settlement, we oversee the claims process (where applicable), either through the use of a third-party claims administrator or the client’s internal resources.

Trial: The vast majority of class actions resolve through motion practice or settlement. When class actions do proceed to trial, the lawyers in Duane Morris’ Trial Practice Group are well equipped to defend the most complex of class action disputes in court.

Appeals: Appeals are not limited to class actions that go to trial. Many class action rulings at the trial level are appealed – from dispositive motions to class certification to settlement approval. The lawyers in Duane Morris’ Appellate Practice Group have extensive experience in all facets of appellate work. Our appellate lawyers include former appellate judges and law clerks to appellate judges who understand how to best to frame legal arguments to appellate panels.


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Peer Reviews

4.9/5.0 (548 reviews)
  • Legal Knowledge

    4.9/5.0
  • Analytical Capability

    4.9/5.0
  • Judgment

    4.9/5.0
  • Communication

    4.9/5.0
  • Legal Experience

    4.9/5.0
  • 5.0/5.0 Review for Cyndie Chang by a Managing Partner on 10/05/15 in Civil Litigation

    Cyndie Chang is an outstanding individual and attorney who adheres to the highest ethical standards. She is reliable, trustworthy and a bar leader.

  • 5.0/5.0 Review for William Marchant by a Founder on 10/28/25 in Commercial Litigation

Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Diversity

"In my discussions with Duane Morris leaders, they frequently speak about how diversity within their firm has enabled them to better serve their diverse clients. They understand that investing in diversity is a wise business decision that positions them for the marketplace of the future."

Don Liu
Senior VP, General Counsel & Corporate Secretary
Xerox Corporation

At Duane Morris, achieving diversity is paradoxical. By supporting and celebrating the differences of our attorneys - and the individual strengths that they bring - our firm culture expands, fostering creative solutions for our clients. But diversity at Duane Morris does not mean that we have a certain number of diverse attorneys; true diversity means that it is no longer noteworthy to see diverse lawyers leading our practice groups or managing client relationships. Ascending to positions of leadership and greater responsibility and providing the highest levels of client service is simply what is expected of all our lawyers. Diversity is another strong asset that adds to our collective abilities to meet the needs of our clients.

Our vision of diversity at Duane Morris is to realize an environment in which our lawyers' outstanding qualities are not just measured by ethnicity, race, gender and sexual orientation, but more importantly, that our lawyers are remarkable as excellent attorneys above all else. Only then can we celebrate our differences while focusing on the common pursuit of legal excellence which everyone shares at Duane Morris.

To reach this goal, Duane Morris understands that the familiar diversity strategies and policies that most law firms have are needed. Without demanding results from such policies, most law firms are bound to fail in even achieving numerical hiring and retention goals. Duane Morris has been proactive and ambitious in its efforts to improve diversity at the firm, and has set deadlines for reaching the milestones which mark our progress. To create a more diverse law firm, Duane Morris is:

  • Committed to strategically increasing our diversity levels, which is currently at 10 percent.
  • Bringing together our Diversity Committee and our Hiring and Retention Committee to raise diversity as an important factor in our hiring decisions.
  • Dedicated to improving retention by building upon our monitoring and mentoring program for all diverse associates.

Combining new initiatives with our longstanding diversity efforts, Duane Morris has seen increasingly positive results. In the Minority Law Journal's annual diversity survey of the nation's largest 260 firms, Duane Morris continued to improve its regional and national ranking, rising to number 136 of all firms surveyed. Our strides in Philadelphia are encouraging; in a city known for both the racial diversity of its population and the lack thereof in its law firms, Duane Morris is one of only two law firms to exceed the national average of minority partners at all law firms. Additionally, Duane Morris leads all national law firms based in Philadelphia in the number of Latino partners. Nearly 30 percent of all of our attorneys are women, and more than 20 percent of our partners are women.

In our approach to diversity, progress in racial, gender and cultural diversity cannot be measured in numbers alone. Duane Morris has focused our diversity initiatives on both increasing the number of diverse associates and addressing the challenges diverse attorneys face in building lasting careers and rising to senior and leadership positions. While several of our key practice groups are led by diverse partners and female partners, Duane Morris endeavors to create a culture which will foster a deep pool of such attorneys who can then develop into the firm's future leaders. Duane Morris understands that simply hiring diverse associates will not change the diversity of the firm; Duane Morris is working to mentor and retain diverse associates so that our progress in racial, gender and cultural diversity is also reflected at the highest levels of leadership within the firm.

Our progress on gender diversity has been profound. We have no glass ceilings: women hold positions of leadership at all levels of management at the firm. Women lead a number of our key practice groups, including our Energy, Immigration and International practices, and serve on the firm's Executive Committee. The success of our female attorneys at Duane Morris has not gone unnoticed. Barbara Adams was chair of the firm's Finance Practice until her appointment by Pennsylvania Governor Edward Rendell to serve as General Counsel of the Commonwealth. In 2004, our longtime General Counsel, Gene E.K. Pratter, was approved by the United States Senate and is now a judge for the U.S. District Court for the Eastern District of Pennsylvania.

Our efforts to improve diversity extend beyond our firm's walls. The chair of our Diversity Committee, Nolan N. Atkinson, Jr., recognized the lack of diversity in Philadelphia's legal community and formed the Philadelphia Diversity Law Group. Nolan now serves as the chair of the organization, a consortium of 25 law firms and corporations that commits to employing at least one diverse first-year law student each as a summer associate. From this program, law students of diverse backgrounds gain access to what was once an exclusive legal community, and now have the opportunity to learn and develop their legal careers with experience at Philadelphia's top law firms.

In addition to our involvement in the Philadelphia area, Duane Morris has increased our presence at national conferences and events focused on diversity. We sponsor the Hispanic National Bar Association and its job fair. Duane Morris is also a longtime supporter and sponsor of the Equality Forum, a national gay and lesbian rights organization. Duane Morris continues to sponsor the Minority Corporate Counsel Association, and is active in other associations of diverse attorneys including: the Asian American Bar Association of the Delaware Valley; the Charles Houston Bar Association; Cuban Bar Association; Korean American Lawyers Association; National American Indian Housing Counsel and the National Bar Association.

The challenge of improving gender, ethnic and cultural diversity at Duane Morris is an ongoing effort that has the support of the entire firm. Duane Morris has been at the vanguard in supporting gender diversity throughout the firm beginning a generation ago. Our diversity programs are leading to similar success in improving racial and national origin diversity at Duane Morris. But even as we share these examples of Duane Morris attorneys and our involvement in numerous legal events, associations and programs for diversity, our hope is that such examples will no longer be necessary to mention in the future. We hope that through our efforts, and the efforts of other law firms, these stories become so common that they are no longer the remarkable accomplishments they are today, but simply routine aspects of the legal world tomorrow.

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