WPKT has extensive experience defending class actions across all substantive practice areas in both state and federal courts. We recognize that whether or not a class is certified can be more significant than the merits of the substantive claims asserted. We also understand that a class action can present significant litigation costs as well as substantial risk from a business standpoint. Our approach is to leanly staff our cases with experienced class action litigators from the outset and to develop and implement a strong defense strategy immediately. We are efficient, economical and effective.

WPKT also has broad experience defending against claims brought under California’s Unfair Competition Law, Business & Professions Code Section 17200.

Some examples of our class action and Section 17200 cases include:

Employment Class Actions

• Negotiated a favorable settlement of a California wage and hour class action against a national retailer of automotive tires. Plaintiffs alleged that our client had: 1) misclassified its store managers as exempt from overtime pay requirements; 2) denied its non-exempt employees meal periods and rest breaks; and 3) required its employees to perform duties without receiving compensation, i.e., work “off-the clock..” The putative class consisted of almost 10,000 current and former employees. We successfully demurred to the complaint eliminating several causes of action and significantly limiting our client’s exposure and aggressively defended the matter and were ultimately able to negotiate a settlement that was quite favorable to our client.
  
  
• Successfully represented a nationwide retailer in a California wage and hour class action regarding the classification of its store managers and assistant store managers as exempt from overtime pay. The class consisted of more than 1,000 current and former employees. We successfully bifurcated discovery on class and merits issues, opposed a motion to compel (and subsequent writ proceeding) attorney-client communications regarding the administration of a survey of assistant managers regarding their exempt status, and successfully negotiated a very favorable settlement while Plaintiffs’ motion for class certification was pending.
  
  
• Represented a professional sports team in a section 17200 representative action regarding alleged misclassification of a number of front office personnel as exempt from overtime pay. We successfully demurred to the first two complaints in which “unaffected plaintiffs” attempted to file suit.
  
  
• Acted as liaison counsel for national retailer in a class action against over 100 retailers alleging their employment applications violated various provisions of the California Labor Code because they inquired generally about the applicants' conviction records. The action was dismissed on a motion for misjoinder.
  
  
• Obtained dismissal of a putative nationwide class action filed by a former employee against an international pharmaceutical company. The plaintiff claimed that a post-offer, pre-placement medical history form was obtained via fraud and violated his right to privacy and the rights of all applicants to the company. We succeeded on having the First Amended Complaint dismissed and the dismissal was affirmed by the U.S. Court of Appeals for the Ninth Circuit.

Product Liability Class Actions

• Successfully represented a large automobile manufacturer in a Section 17200 and fraud class action alleging deceptive marketing of minivans in California. We won a motion for summary judgment on the fraud claim and one of the Section 17200 claims. After a class of all California purchasers of our clients’ minivans was certified, we succeeded in striking Plaintiffs’ request for injunctive relief and obtaining judgment on the pleadings on the remaining Section 17200 claim for restitution.
  
  
• Defended the American subsidiary of a German automobile manufacturer in a putative nationwide class action alleging violations of section 17200 and the Magnuson-Moss Warranty Act with respect to various models' fuel gauge systems. Plaintiffs agreed to dismiss the case rather than litigate a discovery dispute regarding their entitlement to merits discovery before class certification.
  
  
• We currently represent one of the largest cellular telephone service providers in a putative class action claiming cellular telephones are unsafe.
  
  
• Successfully defeated class certification in a case brought against a large pharmaceutical company. Plaintiffs had sought certification of a section 17200 claim claiming changes in our client’s cold medicine product and related marketing were misleading. Thereafter the case settled quickly for a small amount.

Consumer Class Actions

• Successfully negotiated a settlement of a putative class action for the manufacturer of protein bars. Plaintiffs had asserted section 17200 and claims under the California Legal Remedies Act regarding the accuracy of the nutritional profile of our client’s product.
  
  
• Represented a national retailer with hundreds of stores in California in several cases brought on behalf of putative classes of purchasers or holders of gift cards issued by our client. In each case, the plaintiff has claimed that the retailer's gift card violates a state statute governing the availability of expiration dates on gift cards.