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  1. Home
  2. Practices and Industries
  3. Litigation and Investigations
  4. Class Actions
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Class Actions

With extensive experience and a deep bench of leading lawyers, clients routinely ask Covington to defend them from high-stakes class actions. We regularly defend companies in class actions in nearly every major substantive area in which such suits are brought, including antitrust, consumer protection, product liability, privacy, employment, ERISA, and securities, among others.

We pride ourselves on bringing the right resources to every case, including our deep regulatory and industry expertise. Covington offers a unique blend of:

  • Early resolution successes. We have a long history of defeating class actions at the early stages of the cases and routinely win dismissals on the pleadings, saving our clients years of litigation expenses.
  • Class certification victories. From the outset of a case, we focus on developing the factual and legal arguments necessary to defeat class certification outright, or to limit any class certification in ways that substantially reduce our clients’ potential exposure.
  • Trial and appellate experience. Our class action litigators have a proven track record of obtaining favorable results both at trial and on appeal.
  • Sophisticated analysis. Our expertise in the intricacies of class action procedure and strategy, the substance of the law, creative approaches to every case, and the special considerations affecting individual industries provides an invaluable advantage in defeating attempts to pursue large damages award.
  • Regulatory and industry expertise. In defending class actions, our litigators work closely with our leading regulatory and industry experts, whose deep knowledge of relevant regulatory frameworks often gives our clients the extra edge needed to achieve their litigation goals.
  • Multi-defendant class actions. We often act as lead counsel in multi-defendant cases where it is important to our client that we take that role.
  • Insurance coverage. Clients often overlook that insurance coverage may be available for events that give rise to class action lawsuits, and Covington’s leading insurance recovery practice has often helped clients obtain coverage for many types of class action claims.

Representative Matters


Technology and Privacy Matters

  • Multi-Defendant Privacy Class Actions - Represented internet, social media, technology and other brand name companies, in defending class action claims brought under the federal Wiretap Act, Stored Communications Act, Video Privacy Protection Act, Computer Fraud and Abuse Act, related state statutes such as the Illinois Biometric Information Privacy Act and California Unfair Competition Law, and common law.
  • Children's Privacy Class Action - Representing ViacomCBS in a putative class action concerning the alleged collection of device-identifying information in connection with the operation of certain game apps. 
  • Multi-defendant Flash Tracking Privacy Class Action - Achieved dismissal of a putative class action against Microsoft, CBS, Microsoft, McDonald’s, and Mazda alleging violations of the Wiretap Act, Computer Fraud and Abuse Act, and state laws.  The complaint alleged that an online ad network used Flash cookies and other tracking mechanisms to build user profiles for the purpose of serving targeted advertising.
  • Media Privacy Class Actions - Represented numerous media companies in class actions alleging improper collection and/or disclosure of user information.
  • JPMorgan Privacy Class Action - Defeated a putative class action accusing one of the nation’s largest credit card issuers of improperly violating consumers’ privacy rights and unlawfully profiting off of consumers’ personal financial information.
  • National Public Radio Privacy Class Action - Achieved dismissal of a putative class action against National Public Radio alleging violations of the Wiretap Act, Stored Communications Act, and state laws.  The complaint alleged that mobile app developers wrongfully transmitted personal information to third party advertising companies.
  • Cable One Privacy Class Action - Achieved dismissals of three putative class actions against Cable One, a cable and Internet service provider, in litigation involving claims under the Wiretap Act, the Computer Fraud and Abuse Act, and related state laws.  The litigation arose out of a third party’s test of a system using “deep packet inspection” for the purpose of serving targeted advertisements.
  • Patagonia Privacy Class Action - Achieved favorable resolution for Patagonia in a putative class action alleging wrongful collection of personal information in connection with credit card transactions.
  • Samsung Liquid Crystal Display Antitrust Class Actions - Represented Samsung in consolidated antitrust price-fixing and deceptive practice class actions involving liquid crystal displays.
  • AOL TCPA Class Action - Achieved dismissal of a putative class action against AOL alleging violations of the Telephone Consumer Protection Act.  The complaint sought to hold AOL liable for misdirected text messages sent by users of AOL’s Instant Messenger system.
  • AOL Privacy Class Action - Achieved dismissal of a putative class action against AOL alleging violations of the Wiretap Act, Video Privacy Protection Act, and numerous state laws.  The suit alleged unauthorized collection of personal information from the plaintiffs’ computers using “Flash cookies” and unlawful disclosure of video viewing information to third parties.
  • LinkedIn Privacy Class Action - Achieved dismissal of a putative class action against LinkedIn alleging violations of the Stored Communications Act and state law.  The complaint asserted that LinkedIn disclosed LinkedIn user identification numbers and LinkedIn URL addresses to third party advertising companies, which allowed those companies to correlate the identity of a user with his or her previously anonymous Web browsing history.
  • Hulu Video Privacy Protection Act Class Action - Achieved dismissal on summary judgment of a putative class action against Hulu alleging violation of the Video Privacy Protection Act.  The complaint alleged that Hulu disclosed to third parties the video-viewing information of individual Hulu users.
  • Huawei Privacy Class Action - Defended Huawei, a Chinese mobile handset maker, in a putative class action alleging violations of the Wiretap Act, Stored Communications Act, and various state laws.  The suit stemmed from the allegation that third-party mobile analytics software transmitted data about mobile device users’ activities to other parties without authorization.
  • Microsoft Privacy Class Action - Achieved summary judgment for Microsoft in a putative class action alleging unauthorized collection of geolocation information from the plaintiffs’ mobile devices.  After a claim under the Wiretap Act was dismissed at the pleadings stage, we successfully obtained summary judgment on a remaining claim under the Stored Communications Act.
  • Expedia Antitrust Class Actions - Represented Expedia in multiple national antitrust class actions relating to hotel bookings.

Financial Services Matters

  • JPMorgan Chase Credit Card Class Actions - Represented JPMorgan Chase in numerous antitrust and consumer class actions and attorney general representative actions challenging fees, disclosures, and other banking practices.
  • Wells Fargo Bank Consumer Class Actions - Represented Wells Fargo Bank in consumer class actions under the laws of multiple states challenging fees, disclosures, and other banking practices.
  • Financial Benchmarks Antitrust Class Actions - Represented a global bank in class actions involving antitrust, commodities fraud, and RICO claims relating to alleged manipulation of financial benchmarks, including the London Interbank Offering Rate (LIBOR), foreign currency exchange benchmarks, and ISDAFIX®
  • Capital One Interest Charges Class Actions - Defeated numerous nationwide class action lawsuits accusing one of the nation’s leading credit card issuers of improperly charging customers for interest.  The cases were resolved on a motion to dismiss, after Covington demonstrated that the charges at issue were authorized by the bank’s credit card agreements.
  • JPMorgan Chase Property Inspection Fee Class Action - Defeated numerous nationwide class action lawsuits challenging a leading financial institution’s practice of charging allegedly unnecessary and excessive property inspections.  Our successes include defeating class certification and obtaining summary judgment, which culminated in victories at the Ninth Circuit.
  • Celtic Bank “True Lender” Class Action Litigation - Successful represented one of the nation’s leading small business lenders in litigation and arbitration contending that the bank was not the “true lender” on certain small business loans it made.  Covington repeatedly invoked the company’s arbitration clause to defeat a nationwide class action.  Then, following a lengthy arbitration hearing, Covington defeated the claims asserted against the bank and obtained a seven-figure award in the bank’s favor.
  • Navient “True Lender” Class Action Litigation - Successfully represented the nation’s largest student loan servicing company against three lawsuits contending that Navient should be treated as the “true lender” on certain student loans made by national banks.  Covington won motions to dismiss two of the lawsuits on federal preemption and statute of limitations grounds, and defeated certification of interest rate classes in the third.
  • Huntington Bank Mortgage Servicing Class Action - Convinced a district court that the National Bank Act preempted a West Virginia law that purported to regulate the order in which mortgage servicers post payments to borrowers’ accounts.
  • MTAG Tax Liens Class Action - Helped financial services company defeat a putative class action challenging company’s efforts to enforce tax liens.
  • Chase Paymentech Excessive Fee Class Action - Defended Chase from a class action accusing the payment processing company of charging unauthorized fees, by successfully enforcing the arbitration agreement in the parties’ agreement.
  • JPMorgan Credit Reporting Class Action Litigation - Successfully represented one of the nation’s leading financial institutions in numerous class action lawsuits accusing the bank of violating the FCRA and CCRAA.  Our victories include obtaining numerous dismissals of these actions at the motion-to-dismiss stage, and culminated in a victory at the Ninth Circuit.
  • JPMorgan “Add-On” Products Litigation - Represented one of the nation’s leading financial institutions in consumer class actions and parens patriae lawsuits filed by state attorneys general alleging unfair and deceptive practices involving credit card “add-on” products.  Early motions practice allowed Covington’s client to reach favorable settlements early in litigation.
  • JPMorgan Unauthorized Charges Class Action - Defeated a putative class action accusing one of the nation’s leading lenders of fraud and deceptive practices to enroll customers in a loan product.  After the plaintiff moved for class certification, Covington filed a successful summary judgment motion—ending the claims asserted against its client, while the claims asserted against other defendants proceeded.
  • Synchrony Excessive Interest Class Action - Defeated a putative class action accusing a large credit card issuer of improperly charging interest, by successfully invoking the arbitration agreement in the parties’ agreement.
  • Flagstar Bank Mortgage Interest Withholding Class Action - Defeated on a motion to dismiss a putative class action accusing mortgage servicer of improperly issuing of IRS Form 1099’s in connection with option ARM and negative amortization mortgage loans.
  • Navient Public Service Loan Forgiveness Class Action - Representing the nation’s largest student loan servicing company against a nationwide class action challenging representations to borrowers about the federal governments’ Public Service Loan Forgiveness Program.  Covington won a motion to dismiss thirteen of the plaintiffs’ fourteen claims, cabining the lawsuit to a single-state class. 

Pharmaceutical Products Matters

  • Opioid Litigation Negotiation Class - Representing McKesson in opposing certification of “negotiation class” in national opioid MDL and in successful petition for leave to appeal certification ruling to the Sixth Circuit under Rule 23(f).
  • Neonatal Abstinence Syndrome Class Actions - Representing McKesson in putative class actions on behalf of plaintiffs asserting claims associated with neonatal abstinence syndrome. 
  • Eli Lilly Consumer Protection Class Actions - Represented Lilly in a RICO and state consumer protection class actions relating to the pricing of insulin.
  • Children’s Medicine Recall Class Actions - Represented Johnson & Johnson and McNeil Consumer Healthcare in consumer class actions arising out of the recall of children’s medicines.
  • Animal Health Class Action - Represented Merck in a class action alleging injuries from a product manufactured to regulate diabetes in animals.
  • Merck Class Action Claims - Counseled Merck Animal Health defending purported class action claims related to its animal diabetes medication, Vestulin.
  • Prescription Labeling Class Action - Represented Eli Lilly in a consumer fraud class action alleging that the labeling for one of its prescription medicines was inadequate and misleading.
  • Wellbutrin XL Antitrust Litigation - Represented Schering-Plough (now Merck) in multi-district class action litigation challenging so-called reverse payment settlements of pharmaceutical patent litigation.  Obtained denial of certification of indirect purchaser class, after which indirect purchasers voluntarily dismissed their case.

Consumer Products Matters

  • Food and Cosmetics Labeling Class Actions - Represented numerous food and cosmetics companies in responding to demand letters and class actions under the California Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law arising out of alleged false and misleading statements on labels and marketing materials.
  • Tootsie Roll “Slack-Fill” Class Actions - Successfully represented Tootsie Roll in three nationwide and state class action lawsuits claiming that Tootsie Roll’s boxes of Junior Mints contain “non-functional slack-fill.” Covington won motions to dismiss two of the cases and defeated class certification in the third.
  • Procter & Gamble Consumer Product Class Actions - Represented The Procter & Gamble Corporation in California, New York, Florida, and Minnesota class actions challenging the labeling of a wipes product as flushable.
  • False Advertising Class Action - Won summary judgment for a significant consumer products company in class action alleging that client failed to disclose that finely-ground walnut shell powder in its facial scrub causes long-term skin damage.
  • RueLaLa “Daily Deal” Class Action - Achieved favorable resolution for online retailer RueLaLa from claims that it sold “daily deal” vouchers in violation of the EFTA and state consumer protection laws.
  • Sherwin-Williams TCPA Class Action - Defended Sherwin-Williams in a putative class action alleging violations of the Telephone Consumer Protection Act in connection with a commercial text message program for paint contractors.
  • Shoe Show FACTA Class Action - Achieved favorable resolution for Shoe Show in a putative class action alleging violation of the Fair and Accurate Credit Transaction Act for allegedly printing expiration dates on credit card receipts.

Employment Matters

  • Employee Recruiting Class Actions - Represented Pixar and Disney in multi-defendant antitrust class actions alleging unlawful agreements among certain Silicon Valley firms and animation studios to limit their recruiting of each other’s employees.
  • NFL Cheerleader Class Actions - Represented the NFL in a class action brought by cheerleaders accusing the NFL and its member clubs of violating antitrust laws, based on claims that the NFL and its clubs unlawfully conspired to fix wages of cheerleaders and enforce anti-poaching agreements. 
  • Technology Contractor Class Actions - Represented large technology company in class action lawsuits brought by contractors who sought medical monitoring for allegedly increased risk of mental and other injuries from exposure to graphic imagery.
  • John Deere Age Discrimination Class Action - Obtained jury verdict for John Deere in class action age discrimination lawsuit filed by former employees of a closed plant who accepted an early retirement program and alleged that opportunities for transfer had favored younger employees. 

Media and Communications Matters

  • Sony BMG Music Entertainment Class Action - Represented Sony BMG Music Entertainment in a class action lawsuit brought by the Allman Brothers Band and Cheap Trick on behalf of all artists whose contracts pre-date the era of digital downloaded music.  Sony BMG pays the artists under the applicable royalty rate for album sales at brick-and-mortar record stores, while the artists claim that Sony BMG should be paying a much greater royalty rate for downloaded music.
  • Huffington Post TCPA Class Action - Achieved dismissal of a putative class action against The Huffington Post alleging violations of the Telephone Consumer Protection Act.  The suit asserted unlawful transmission of unsolicited text messages.
  • Digital Music Antitrust Class Action - Represented Bertelsmann, Inc. in multi-district antitrust class action litigation alleging price-fixing and other violations of antitrust laws with respect to digital music.

Sports Matters

  • USOPC Class Action - Represented the United States Olympic and Paralympic Committee in claims brought by taekwondo athletes that the USOPC was engaged in a RICO enterprise and violated federal laws against sex trafficking, forced labor, and obstruction of justice.
  • NFL Painkillers Class Actions - Represented the NFL member clubs in a class action brought by retired players involving alleged improper administration of prescription pain medications and concealment of risks associated with those pain killers, which Covington ultimately defeated on a summary judgment motion.
  • NFL Lockout Class Action - Represented the National Football League in a class action antitrust case in which the NFL Players Association and ten prominent players sought to enjoin the NFL’s lockout of its player-employees.  The U.S. Court of Appeals for the Eighth Circuit ruled for the National Football League, vacating the injunction entered by the District Court on the ground that the injunction violated the Norris-LaGuardia Act, which prohibits judicial interference in labor disputes.
  • Sports Ticketing Class Actions - Represented professional sports franchise in two class actions challenging ticketing policies.  Covington won dismissal of both cases at the pleading stage.
  • American Athletic Conference Regarding Financial Aid Limits for Student Athletes - Represented the American Athletic Conference in a putative antitrust class action challenging NCAA and Conference rules on financial aid limits for student athletes.  This lawsuit challenged the very existence of amateur collegiate athletics.
  • NFL Logo Licensing Antitrust Class Action - Represented the National Football League in a class action challenging the League’s licensing arrangements for the use of team marks and logos on apparel.
  • NFL Likeness Licensing Class Action Antitrust Suit - Represented the NFL in securing the dismissal of class action claims brought by retired players alleging a conspiracy to restrain a market for the sale of their images and likenesses.

Transportation and Energy Matters

  • Oil and Gas Foreclosures Class Actions - Defended a multi-national integrated oil and gas company in a class action involving impact of mortgage foreclosures on oil and gas lease rights.
  • In re Automotive Parts Antitrust Litigation – Fuel Injection Systems - Represented Keihin Corporation in putative class actions alleging price-fixing in the fuel injection systems business.
  • In re Automotive Parts Antitrust Litigation - Represented Alps Electric in putative class actions alleging price-fixing in the heater control panel market.
  • Automotive Parts Class Actions - Represented automotive parts suppliers in antitrust class actions alleging price-fixing for automotive wire harness systems and other parts.
  • Freight Fuel Price-Fixing Litigation - Represented Union Pacific Railroad Company in multidistrict litigation alleging price-fixing of freight fuel surcharges.
  • Union Pacific Railroad in Antitrust, Legislative, and Regulatory Matters - Represented Union Pacific Railroad in a wide variety of regulatory, legislative, and antitrust matters, including ongoing rulemakings involving rail rates and access to customer facilities and a multidistrict class action litigation alleging price-fixing of fuel surcharges.
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Key Contacts

Sonya D. Winner +1 415 591 7072 swinner@cov.com
Emily Johnson Henn +1 650 632 4715 ehenn@cov.com
Andrew Soukup +1 202 662 5066 asoukup@cov.com
Andrew A. Ruffino +1 212 841 1097 aruffino@cov.com
Robert D. Wick +1 202 662 5487 rwick@cov.com
Meet the Team