MoFo is the destination firm for class actions and mass torts and counsel of choice to industry leaders in consumer products, pharmaceuticals and medical devices, aviation, and transportation. Our team has a long and successful track record in defending large class actions, multi-party serial tort litigation, and mass tort litigation.

We’ve handled many high-stakes cases that threaten a company’s brand reputation, business model, and bottom line. From seasoned crisis management professionals to in-house forensics experts and former government officials to experienced trial and appellate lawyers, our team has the experience to jump in at any stage of a matter’s life cycle.

Our lawyers have broad subject matter experience in class actions and mass torts in these areas:

  • Advertising + Marketing Law – Our lawyers are well-equipped to assist clients with all advertising or marketing campaigns: from conception to legal and regulatory review; preparing the necessary talent, agency, joint marketing, and other agreements; execution; and — if necessary — through litigation. (Read more)
  • Consumer Litigation – We represent clients that are defending claims by private litigants for unfair competition, false advertising, and unfair and deceptive trade practices and investigations and regulatory enforcement actions mounted by state and federal authorities. (Read more)
  • Pharmaceutical + Medical Device – MoFo represents some of the world’s largest and most innovative manufacturers in the pharmaceutical and medical device fields. (Read more)
  • Product Liability – Clients turn to us to protect and defend not just their products but also their brands. (Read more)
  • Retail – MoFo provides practical advice about and innovative solutions to the challenges and opportunities faced by retailers that help them thrive in this rapidly evolving industry. (Read more)

We go beyond understanding the mechanics of class actions: We know the shortest path to win and resolve cases. Our litigators take charge — we don’t wait and react as a case unfolds but guide our clients’ cases to where we want them to go. We use key pivot points in the litigation life cycle to determine the best path, at the right price, for our clients. From driving discovery and controlling costs to filing an early motion for limited summary adjudication, from moving to compel arbitration to decertifying a class, we spot the key issues, and we spot them early. We identify meritless claims and work creatively and aggressively to dispose of those cases at the outset, which saves our clients time and money.

Advertising + Marketing Law

Our lawyers are well equipped to assist clients with all aspects of advertising or marketing campaigns: from conception to legal and regulatory review; preparing the necessary talent, agency, joint marketing, and other agreements; execution; and — if necessary — through litigation.

We advise clients on substantiation; comparative advertising and direct marketing issues; and “Slack-fill,” “Green,” “Free,” “Made in the USA,” and many other types of claims that are subject to unique regulatory requirements. We advise on digital advertising issues, such as affiliate and incentive marketing, and emerging issues, including behavioral advertising. Additionally, we handle a range of entertainment-related agreements relating to large sponsorships and public events, celebrity endorsements, and SAG/AFTRA issues. We also counsel clients engaged in retail, e-commerce, technology, consumer products, media, entertainment, food and beverage, and the financial services industries.
 
MoFo’s lawyers defend clients before the Federal Trade Commission (FTC) and state attorneys general and in arbitration before the National Advertising Division (NAD) of the Council of Better Business Bureaus. We regularly handle matters in federal courts related to false advertising practices under the Lanham Act, as well as lawsuits alleging deceptive or false advertising claims throughout the U.S. state courts, including under the California Consumer Legal Remedies Act. We often handle regulatory defense matters that involve FTC and state investigations and enforcement actions. In addition to having many years of experience before the NAD of the Council of Better Business Bureaus, we represent our clients before the National Advertising Review Board (NARB) and the Children’s Advertising Review Unit (CARU).

Consumer Litigation

Morrison & Foerster has a long track record of defending companies in high-stakes consumer class actions and related regulatory proceedings. We represent clients that are defending claims by private litigants for unfair competition, false advertising, and unfair and deceptive trade practices and investigations and regulatory enforcement actions mounted by state and federal authorities, including the FTC, Attorneys General, and District Attorneys.

We have achieved successful litigated outcomes by defeating class certifications, succeeding on summary judgment, or achieving trial victories in state and federal courts across the country. Our attorneys also have particular expertise in defending consumer class actions in California and New York, which are hotbeds of consumer litigation activity.

Our success in representing clients against consumer class actions has earned us recognition by Legal 500 as a “first tier” law firm in the category of Product Liability and Mass Tort Defense: Consumer Products. Our lawyers are recognized by prestigious local and national publications, including Chambers, Legal 500, and Best Lawyers in America.

Among our consumer litigation clients are Amway, , Cadbury, Capital One, Costco, Fitbit, General Mills, Iovate Health Sciences, McKesson, Target, UPS, USAA Casualty Insurance, Uber, Unilever, U.S. Bank, and Verizon Wireless.

Multidistrict Litigation

Morrison & Foerster has handled more multidistrict litigation matters than virtually any other defense law firm. We have an excellent track record in these matters and make sure our clients’ positions are defended rigorously and aggressively.

Pharmaceutical + Medical Device

MoFo represents some of the world’s largest and most-innovative manufacturers in the pharmaceutical and medical device fields. We serve as national counsel in state and federal jurisdictions throughout the United States and have tried numerous jury cases to verdict in state and federal courts. Our representation of pharmaceutical and medical device clients includes mass tort litigation, legislative efforts to limit liability, warning and labeling requirements, risk assessments, recalls, provision of treatment during clinical drug studies, consumer fraud, and violations of the Confidentiality of Medical Information Act. Our lawyers are well grounded in the sciences important to these industries, holding more than 40 Ph.D.’s and M.D.’s, and 20 master’s degrees, in relevant sciences. Our Product Liability Practice Group gives our clients the legal and technical skills needed to address the most-complex product challenges confronting the pharmaceutical and medical device industries.

Product Liability

MoFo’s Product Liability and Counseling Group is a one-stop shop for product manufacturers and resellers. Clients turn to us to protect and defend not just their products but also their brands.

We help our clients navigate complex regulatory environments through all phases of the product life cycle, and we provide timely advice about regulatory compliance, product labeling, and litigation risk assessment — both pre- and post-market. We guide clients through product development, complex product recalls, crisis management, counsel on insurance and indemnification issues, and advise on acquisitions involving ongoing product liability claims.

While we aim to minimize the risk and impact of litigation over our clients’ products, sometimes litigation is unavoidable. When lawsuits are filed, we stand by our clients and advocate for the best possible outcome. Our trial lawyers have tried hundreds of cases to judges and juries, arbitrators, and administrative bodies. If a case goes up on appeal, our award-winning appellate lawyers are ready to take on our clients’ most-challenging legal issues.

No case is too big or too small. While we defend large class actions, multi-party serial tort litigation, and mass tort litigation, we also leverage our experience to dispose of small cases efficiently.

Retail

Morrison & Foerster provides practical advice about and innovative solutions to the challenges and opportunities faced by retailers that help them thrive in this rapidly evolving industry. Our retail clients include Best Buy, Costco, Gap, Kroger/Ralphs, Otto Group, Restoration Hardware, Safeway, and Target.

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.

MoFo Diversity: Trial Lawyers
MoFo Diversity:
Trial Lawyers


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