Morrison & Foerster’s reputation in class action defense has put us on a short list of firms that general counsel nationwide routinely identify as leaders in the field. We defend clients against class actions that span a multitude of different subject areas, including securities, RICO, false advertising, unfair business practices, products liability, financial services, labor and employment, antitrust, and environmental law. We defend nationwide class actions, including as national coordinating counsel, in state and federal courts, and in multi-district litigation where we have served as national coordinating counsel.

We regularly win early dismissal of cases for clients. Few firms can match our record of decisions denying class certification, or trying bet-the-company class action cases to verdict.

Our success in representing clients against a multitude of consumer class actions has earned us the recognition by Legal 500 as a "first tier" law firm in the category of "Consumer Products." Our partner, William Stern, is the recognized authority on California’s Unfair Competition Law, Business & Professions Code section 17200, the author of The Rutter Group’s treatise on the subject, and the principal author of the amendment to section 17200 known as Proposition 64.

Our class action practice draws on the national expertise of our lawyers in a variety of industries, including consumer products and retail, financial services, food and beverage, technology, environmental matters, energy, and life sciences.

Our clients include Capital One, Classic Residence by Hyatt, The Clorox Company, Coca-Cola Company, Costco Wholesale Corp., Fujitsu Computer Products of America, Inc., Iovate Health Sciences Inc., Kyocera International Inc., LensCrafters Inc., Lucasfilm Ltd., Mattel Inc. and McKesson Corp.

Gap Inc.
We secured a victory for Gap in an identity theft class action case filed by a former job applicant who made claims against the retailer after a third-party vendor's laptop was stolen, containing personal data. The U.S. District Court for the Northern District of California held the clothing retailer was not negligent in its handling of the data, and granted summary judgment to Gap, as well as to third-party vendor Vangent Inc., dismissing negligence claims.
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
We are representing a major financial institution in an MDL proceeding that consists of 1) a class action brought on behalf of every merchant in the United States who accepts Visa and MasterCard payment cards alleging price-fixing and tying claims and 2) more than 10 actions by a number of large merchants making parallel claims. Fact discovery is complete. Motions to dismiss and motions for class certification are pending. We also are representing the same financial institution in several other payment card antitrust cases.
JDS Uniphase
After a four-week jury trial, we won a defense verdict on behalf of JDSU and three former executives on all claims in a class action alleging securities fraud and insider trading. Plaintiffs had sought damages of approximately $20 billion, one of the largest damages claims ever presented at trial in the United States.
McKesson Corporation
We represented McKesson in a nationwide RICO class action lawsuit alleging unlawful price fixing to inflate the average wholesale price of hundreds of brand name prescription drugs. We obtained dismissal at the pleading stage, demonstrating that plaintiffs failed to allege any anticompetitive effect from the alleged conduct.
Digital Media Company Privacy Class Action Litigation
Defended digital media company in privacy class actions alleging email content was scanned to develop targeted advertising in violation of California state wiretapping laws.

Legal 500 US 2016
Tier 2: Marketing and Advertising


U.S. News – Best Lawyers® Best Law Firms 2014
National: Commercial Litigation (Tier 1)
Los Angeles: Commercial Litigation (Tier 1)
New York: Commercial Litigation (Tier 1)
San Diego: Commercial Litigation (Tier 1)
San Francisco: Commercial Litigation (Tier 1)


American Lawyer
Honorable Mention, Litigation Department of the Year 2010


Benchmark Litigation 2014
California: Litigation
New York: Litigation
National: General Commercial Litigation


Chambers USA 2014
National: Financial Services Regulation: Banking (Regulatory Enforcement & Investigations)
National: Transportation: Aviation: Litigation
California: Antitrust
California: Litigation: General Commercial
California: Labor and Employment
New York: Litigation: General Commercial

"carefully crafted advice and confident defense" (Chambers USA 2009)


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