Class Action

While we are hardly bashful about going to court, our class action lawyers are just as (if not more) sought after for their silver-bullet ability to avoid long, expensive litigation. In addition to representing all types and sizes of businesses coast to coast, our class action litigation team regularly defeats certifications at hearings and obtains outright dismissals through pre-trial motions.

Part of our success in class action law is a direct result of the depth and breadth of our experience. Over the years, our lawyers have handled thorny, high-stakes class action cases with ruthless pragmatism in over 20 states, involving antitrust, environmental, intellectual property, RICO, ERISA and other complex legal issues. The group's members include leading authorities on internet privacy, confidentiality, due diligence and other class action issues, domestic and foreign.

We are also known and respected for lean staffing, high value and a cut-to-the-chase, problem-solving attitude. What sets us apart is that we are always looking for the best exit for our client from a class action dispute.

Client Stories

Certification Defeated in High-stakes Class Actions

Where we started:  CoServ, a Texas-based electric cooperative also known as Denton County Electric Cooperative Inc., had been hit with several class action lawsuits.

Our roadmap:  We defeated the plaintiffs’ attempt to certify a class seeking to recover $54 million in patronage capital. The putative class action plaintiffs were represented by five firms from New York, Oklahoma and Texas.

And finally:  On appeal, Gardere reversed the entry of a class certified on governance issues. See Denton County Electric Cooperative, Inc. v. Hackett, 368 S.W.3d 765 (Tex. Civ. – Fort Worth 2012, pet. denied).

The Right Strategy Avoided a Damaging Class Action Hit

Where we started:  Our client, Brinker International (the owner of Chili's restaurants), had FACTA-related exposure as a result of a customer data glitch involving approximately 250,000 debit and credit card transactions.

Our roadmap:  Our class action team developed a strategy that hinged on forensically proving that the data breach was a technical error. We convinced the plaintiffs' attorney that it wasn't intentional, thanks to the compelling facts and story we presented.

And finally:  We prevented a trial and negotiated a timely settlement that amounted to pennies on the dollar, saving Brinker millions against a potential downside of $250 million. The court approved the settlement in January 2012, about six months after the suit was filed.

Class Action Practice Essentials

Gardere's class action lawyers are experienced in many major areas of substantive law, including:

  • Antitrust
  • Environmental
  • Intellectual property
  • RICO
  • Internet privacy
  • Confidentiality
  • Due diligence

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