Class Action Defense Experience

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  • Samsung, a South Korean multinational conglomerate and world leader in advanced semiconductor technology, in connection with a product liability class action based on its DVD players being unable to play certain DVDs in its system.
  • Bellwether Consulting, an institutional investment consulting firm, in obtaining the dismissal of a proposed class action lawsuit in the case Young Cho v. Prudential Insurance Co. of America et al., in which Prudential Insurance Co. of America was accused of mismanaging employee retirement plan investments.
  • Olnick Organization, a real estate development and management firm, in a class action brought by the tenants of Lenox Terrace in connection with rent overcharges.
  • A 3D animation and special effects studio in wage and hour class action alleging causes of action for failure to pay overtime, failure to provide meal breaks, failure to provide rest breaks, failure to provide accurate itemized wage statements, failure to pay all earned wages upon separation of employment, unfair business practices, and civil penalties under the California Private Attorney General Act.
  • A skincare-product manufacturer and distributor in a consumer class action defense for false advertising, unfair business practices, and California Consumer Remedies Act claims.
  • The Cosmopolitan of Las Vegas in a class action alleging the recording of phone calls.
  • An international accounting firm in the defense of class action lawsuits, in connection with its audits of several China-based public companies.
  • David Bakalar, a sculptor, in defeating the class certification of a putative defendant class of artwork owners.
  • EMI Music Publishing (now administered by another Pryor Cashman client, Sony/ATV Music Publishing) in securing the dismissal of a putative class action suit against the heirs of Duke Wellington in connection with 'net receipts' contracts. Our firm also represented EMI Music Publishing as the plaintiff in a federal class action regarding alleged use by record clubs of musical compositions without having obtained compulsory licenses.
  • Phillips International, a REIT, where we defeated a proposed class action representative in a putative class action based on a going private transaction.
  • The CEOs of two Fortune 500 companies in separate consolidated, multidistrict shareholder class actions in the Southern District of Florida federal court.
  • The Chairman and Vice Chairman of a publicly traded company in an SEC investigation (and subsequent securities class actions) involving numerous accounting issues, such as “cookie jar” reserves, channel stuffing, bill and hold sales practices, and restatements of company financials by new management.