Eversheds Sutherland (US) LLP

Sutherland lawyers are experienced in handling would-be class actions successfully and efficiently.

The explosion of class actions is one of the most serious developments businesses have faced in the past 25 years. Sutherland has defended more than 200 putative class actions in the last five years alone. Our success lies in mastering the mechanics of class actions and related areas such as removal, arbitration and appeals. Often, pressing for an early decision on the merits, before a class is certified, proves to be the best strategy. Providing the court with a clear understanding of what a class action trial would entail can be critical to defeating class certification.

In defending class actions, our lawyers bring subject-matter experience in a variety of industries and businesses that regularly face class actions, including securities, construction, consumer finance, property, casualty and life insurance and professional services. Our experience also includes defending employment, FLSA and ERISA collective and class actions.

Under the Class Action Fairness Act, many cases are migrating to federal court, raising questions such as issue certification, the ongoing impact of Wal-Mart v. Dukes, the availability of arbitration, and new settlement requirements.

Why Sutherland
Industry understanding. The intricacies of class action defense vary from one industry to another, and our attorneys have defended clients in numerous industries and areas of law. We have impressive records in defending class actions in securities, property and casualty and life insurance, employment, product liability and consumer finance among other area.

Track record. Our practice has defended more than 200 putative class actions in the past five years.

Venue experience. Sutherland's attorneys regularly appear in class action and MDL cases at the federal and state levels, and they know how to deal with arbitration proceedings as well as administrative hearings. As a result, they understand which venue is likely to be most advantageous in a given situation and have the requisite background to move cases there whenever possible.

Nuts and Bolts
Our class action defense practice engages in matters related to:

• Securities
• Consumer finance
• Property and casualty insurance
• Life, health and disability insurance
• Professional liability
• Franchise
• Antitrust
• ERISA and Employee Benefits
• Employment
• Environmental
• FLSA collective actions
• TCPA

A sampling of our recent class action experience includes:

• Bankruptcy discharge and other class actions
• Consumer class actions
• Unfair Deceptive Trade Practices
  • Truth-in-Lending Act
  • Fair Credit Reporting Act
  • Service Members Civil Relief Act
  • Common Law Fraud
  • Consumer Leasing Act
  • Equal Credit Opportunity Act
  • Uniform Commercial Code
  • Credit Repair Organizations Act
  • Telephone Consumer Protection Act
• ERISA and employee benefits
  • Stock drop
  • Pension fund
  • Fiduciary duty
  • IRA plan
  • Revenue sharing
• Franchise and antitrust
  • Robinson-Patman Act
  • Business disposition
  • Antitrust conspiracy
• Insurance
  • Homeowners insurance coverage
  • Automobile insurance coverage
  • Flood insurance
  • Credit insurance
  • Commercial general liability (CGL) insurance
  • Commercial property
  • Gap coverage claims
  • Claims practices
  • Retained asset accounts
  • Sales Practices
• Securities and professional liability
  • Financial restatement
  • Audit practices
  • Reliance
  • Misleading statements
  • Material misrepresentation
  • Fraud
  • Retirement trusts
  • Investor reliance
  • Public stock offering
  • Product liability
  • Ponzi-scheme claims
  • Channel stuffing
  • State attorney general enforcement

Take Action
Sutherland focuses on heading off putative class actions early, preventing certification and helping clients avoid protracted and expensive class litigation.

Selected Experience
Defeated a motion for class certification in a putative class action against a consumer financial services company, alleging violations of various California consumer and banking laws.
Defeated a motion for class certification in a putative class action against our client, a consumer financial services company, alleging violations of various California consumer and banking laws. Relying on the U.S. Supreme Court's decision in Wal-Mart v. Dukes, the court denied the plaintiffs' motion for class certification, holding that the allegations asserted lacked commonality and could not proceed as a class action. The case is now closed.

Won a directed verdict for a national property and casualty insurer in post-Hurricane Katrina litigation involving part of a state-mandated residual “wind pool” – a market of last resort for homeowners insurance on the Mississippi Gulf Coast.
Won a directed verdict at the close of the plaintiffs' case in chief, in favor of a national property and casualty insurer in a case involving part of a state-mandated residual “wind pool” – a market of last resort for homeowners insurance on the Mississippi Gulf Coast. In the wake of Hurricane Katrina, several smaller insurance companies filed a putative class action against the largest five companies with employees on the board of the wind pool, claiming the board should have purchased at least $450 million in reinsurance. Class certification was denied, and the case proceeded with four companies suing individually.

Served as lead counsel for the nation's largest auto lender in a series of fair lending class actions, including the only such case to be tried.
Served as lead counsel for the nation's largest auto lender in a series of putative class actions across the country under the Equal Credit Opportunity Act, challenging the alleged disparate impact of originating dealer finance terms. The defense included representation in the only such case to be tried.

§  “Diversity at Sutherland Asbill & Brennan LLP” to “Diversity at Eversheds Sutherland (US) LLP”

§  “Diversity” section:

o   The firm’s emphasis on diversity is reflected in numerous ways throughout the firm, such as the manner in which we recruit lawyers and other employees, our work-life policies and our professional service efforts. We have been recognized for our achievements in diversity.  More importantly, we understand the significant role a diverse community plays in the firm's growth and development.

§  “Our Awards and Recognitions” section:

o   Eversheds Sutherland (US) LLP continues to be recognized for its efforts to promote diversity in the workplace and in the legal profession. In 2016 we were named a “Best Place to Work for LGBT Equality,” having earned a perfect 100 score on the Human Rights Campaign’s Corporate Equality Index, and we also were ranked a Top 100 Firm for Minority Attorneys by Law360. In addition, the firm was awarded the Gold Standard Certification for the fifth consecutive year by the Women in Law Empowerment Forum.

§  “Our Commitment” section:

o   Eversheds Sutherland (US) LLP is committed to promoting diversity within the firm and in the legal profession.  We believe that diverse skills, knowledge and viewpoints make us a stronger, more productive law firm.  We hire and promote qualified lawyers and other professionals regardless of race, color, national origin, religion, disability, gender, gender identity or sexual orientation.  We understand that diversity enhances our value to clients by allowing us to staff our client teams with professionals who possess broad experiences and a spectrum of perspectives.

o   Eversheds Sutherland (US) LLP has a cross-office Diversity Committee with responsibility for supporting and enhancing our firm culture.  Our committee has helped coordinate and lead a number of efforts to advance diversity within our firm and the community. Affinity groups at the firm serve as support networks for attorneys of color; women lawyers; and gay, lesbian, bisexual and transgender attorneys.

o   We are committed to working with our clients as they pursue the common goal of a professional workplace where opportunity is available to all.