Class Actions

shutterstock_78128236A class action can have significant economic consequences for a business.  When faced with a potential class action, clients need exceptional representation by well-trained, experienced lawyers.  At Cross Prescott APC, we have substantial experience in defending securities, corporate governance, product liability, consumer, employment, and other types of class actions.  Before founding Cross Prescott APC, our shareholders spent years representing Fortune 500 companies in multi-million-dollar class-action lawsuits at some of the best law firms in the world.  Our training, knowledge, and experience allow us to provide our clients with exceptional class-action defense in both state and federal courts.

 

About Class Actions

A class action lawsuit is a civil action brought by a representative member of a group on behalf “all others similarly situated.”  Class actions are typically filed in either a state or federal court or may sometimes be removed to a federal court, if it has jurisdiction over the case.  In essence, a class-action mechanism is a way to aggregate a large number of individual claims into one representative lawsuit.  This procedure can increase the efficiency of the legal process, but it can also be very costly for the defendant.  Importantly, not all claims can be brought as class actions, and many class actions can be successfully challenged on jurisdictional, procedural, or legal grounds.  As a result, class actions require experienced counsel who possess the training and skills necessary to persuade the court that class certification should not be granted.

Our Class Action Experience

shutterstock_81590086At Cross Prescott APC, we have substantial experience with defending securities, corporate governance, product liability, consumer, and many other types of class actions.  Before founding Cross Prescott APC, our attorneys spent years representing Fortune 500 companies in multi-million-dollar class-action lawsuits at some of the finest law firms in the world – Latham & Watkins LLP and Cooley LLP.  We have extensive experience with every major stage of the class-action process, including managing MDL proceedings, discovery, certification, complex motions, and hearings.  Our rates are affordable.  Yet, the quality of our work is superb.  Our training, work ethics, and dedication make us particularly suitable to handle class action matters on behalf of businesses and companies, regardless of their size.

 

Examples of Class Action Matters We Handle

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  • Defense of class actions for small and mid-size businesses and large companies
  • Cases involving alleged violations of section 17200 et seq. of California Business & Professions Code
  • Employment class action defense, including FMLA, FLSA, and wage-and-hour claims
  • Alleged ADA violations
  • RICO claims
  • Defense of product liability class actions
  • Complex litigation matters, unique legal issues, and unusually complex dispositive motions
  • Almost all other types of general and commercial litigation matters

Representative Writing & Motion Experience

  • High success rate of winning motions and oppositions
  • Experience handling virtually every type of non-dispositive and dispositive motions
  • Substantive appellate briefs and writs in state and federal courts
  • Extensive writing and appellate training
  • Mr. Cross and Ms. Prescott are award-winning book authors
  • Ms. Prescott published over a dozen of scholarly and expert-advice articles
  • Ms. Prescott’s law review articles are cited with approval by legal scholars across the country
  • Mr. Cross authored numerous articles on emerging legal issues and trends
  • Two of Mr. Cross’s cases resulted in favorable reported decisions

Representative Class Action Matters

  • Employment class action alleging wage-and-hour violations in a federal court (Natalie Prescott, on behalf of Defendant)*
  • Employment class action involving alleged misclassification and overtime violations in a state court (Natalie Prescott, on behalf of Defendant).*
  • Numerous securities class actions, including shareholder derivative suits, direct actions, and other actions (Oleg Cross and Natalie Prescott, on behalf of defendants).*
  • Defense of a securities class action alleging improper revenue recognition, various false statements in public filings, and insider trading.  (Oleg Cross, on behalf of defendants).*
  • Defense of a class action against an auto-parts manufacturer, involving breach of contract, 17200, product liability, and other state and federal claims.  (Natalie Prescott, on behalf of Defendant).*
  • Defense of an automaker in a breach of warranty and product liability class action in a state court (Natalie Prescott, on behalf of Defendant).*
  • Defense of a class action alleging violations of the federal Electronic Fund Transfer Act and Business & Professions Code section 17200.  (Oleg Cross, on behalf of Defendant).
  • Defense of class action against a major online retail company alleging violations of Business & Professions Code section 17200 and similar claims.   (Oleg Cross, on behalf of Defendant)*

*Cases in which Ms. Prescott and Mr. Cross played key roles, and which were all litigated before founding Cross Prescott APC

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