Class Action and Shareholder Litigation Representative Experience

Representative Class Actions

• Represented a national health care provider in purported class actions in the North Carolina Business Court alleging improper use of website marketing and tracking technologies called “pixels” to disclose personal health information. In response to our motion to dismiss, the plaintiff voluntarily dismissed the complaint. The firm also convinced state regulators to close parallel investigations into the same alleged conduct.
• Represent the Southeastern Conference in 11 "single-school, single-sport" putative class actions (MDL centralization in Illinois) filed by former football student-athletes related to concussions in college sports.
• Obtained an early dismissal of a leading university from class action litigation filed in the Northern District of California regarding the Varsity Blues investigation into college admissions. Tamboura, et al. v Singer, et al., 19-cv-3411 (N.D. Cal.).
• Represented a large health system in defense of class action claims related to emergency room billing disclosures, securing denial of class certification and grant of summary judgment upheld on appeal.
• Obtained the dismissal of certain defendants from multiple lawsuits filed by former students of a professional school in the U.S. District Court for the Western District of North Carolina and the North Carolina Business Court. Krebs v. Charlotte School of Law, LLC, 2017 WL 3202 831 (W.D.N.C. July 27, 2017); Herrera v. Charlotte School of Law, LLC, 2018 WL 944396 (N.C. Bus. Ct. Feb. 14, 2018) (multiple cases).
• Successfully defended an insurance company against a putative class action brought under the Medicare Secondary Payer Act. Case dismissed at the pleadings stage. Sims v. PMA Insurance Company, 1:20-cv-249 (M.D.N.C.).
• Represented a national health care provider in the defense and resolution of putative claims by individuals asserting claims arising from a cyberattack on the provider’s data systems.
• Represent Circle K Stores Inc. in a putative class action arising from an alleged elderly financial scam involving Bitcoin. Mooneyham v. Bitcoin Depot, Inc. et al., 3:24-cv-1774 (D.S.C.)

Antitrust Class Action Litigation

• Represent the Southeastern Conference in a national antitrust MDL putative class action filed by current and former student-athletes challenging the validity of NCAA rules related to name, image and likeness and prohibitions on pay-for-play, and claiming a right to be paid for playing in televised games. These cases have been filed in California, Colorado, Tennessee and New York. In re College Athlete NIL Litigation (N.D. Cal.), Fontenot v. NCAA, et al. (D. Co.), Marshall v. ESPN Inc., et al. (M.D. Tenn., 6th Cir.), Chalmers v. NCAA, et al. (S.D.N.Y.), Hubbard v. NCAA, et al. (N.D. Cal.).  
• Represented the Southeastern Conference in defending a national antitrust MDL class action challenging the validity of NCAA scholarship rules that was appealed to the Ninth Circuit and U.S. Supreme Court. In re NCAA Grant-in-Aid Cap Antitrust Litigation (N.D. Cal.).
• Represented a cast iron soil pipe and fittings manufacturer in defending a multidistrict class action alleging that the three domestic manufacturers conspired to fix and maintain prices. In re Cast Iron Soil Pipe and Fittings Antitrust Litigation, MDL No. 2508 (E.D. Tenn.).
• Represented a domestic drywall manufacturer in defending a multidistrict class action alleging eight makers of drywall conspired to fix and maintain prices nationwide. In re Domestic Drywall Antitrust Litigation, MDL No. 2437 (E.D. Pa.).
• Defended a large poultry manufacturer against antitrust claims in class action litigation brought in North Carolina federal court.
• Successfully argued to defeat class certification in an antitrust case where plaintiffs sought more than $2 billion in damages.
• Defeated on a motion to dismiss antitrust claims related to the drug ACTOS® by a putative class seeking hundreds of millions of dollars in damages.
• Defended a leading research university in a class action in North Carolina federal court involving an alleged no-hire agreement.

Financial Services Class Actions

• Represent a major national bank in defending multidistrict putative class actions alleging a $1 billion-plus Ponzi scheme, filed in various locations and centralized in the District of Massachusetts. In re Telexfree Securities Litigation, MDL No. 4:14-md-2566 (D. Mass.).
• Represented Wachovia Corp. and associated individuals in defending shareholder actions arising from Wachovia’s $15 billion merger with Wells Fargo. The trial courts' dismissals of the shareholders' complaints were upheld on appeal. Rivers v. Wachovia, 665 F.3d 610 (4th Cir.); Browne v. Thompson, 727 S.E.2d 637 (N.C. Ct. App.); Rice-Marko v. Wachovia, 728 S.E.2d 301 (S.C. Ct. App.); Harris v. Wachovia, 2011 NCBC 3 (N.C. Bus. Ct.).
• Represented Wachovia and Wells Fargo after the merger against attempts to block or undo the merger. Ehrenhaus v. Baker, 2008 NCBC 20 (refusing to enjoin the merger), on appeal after settlement, 717 S.E.2d 9 (N.C. Ct. App.) (upholding non opt-out settlement), 776 S.E.2d 699 (N.C. Ct. App.) (rejecting further challenge to settlement); Baker v. Citigroup (unpublished TRO barring Citigroup from interfering with merger).
• Served as counsel to First Union and associated individuals in defending shareholder derivative class action claims arising from its merger with Wachovia. First Union Corp. v. SunTrust Banks, Inc., 2001 NCBC 09 (N.C. Bus. Ct.); In re Wachovia Shareholders Litigation, 2003 NCBC 10, rev’d, 607 S.E.2d 48 (N.C. App.), denied, 359 N.C. 411, 613 S.E.2d 25; Winters v. First Union Corporation, 2001 NCBC 08 (N.C. Bus. Ct.).
• Defended Duke Energy Corp. in multijurisdictional litigation regarding its $32 billion merger with Progress Energy Corp. In re Progress Energy Shareholder Litigation, 2011 NCBC 44.
• Represented a lender in a putative class action alleging violations of the Truth-in-Lending Act. The U.S. District Court for the Northern District of Georgia granted client's motion to stay and compel individual arbitration. Hopkins v. World Acceptance Corp., 798 F. Supp. 2d 1339 (N.D. Ga.).
• Obtained dismissal, without discovery, of a putative class action alleging unfair trade practices filed against a local credit union.
• Defended a large financial institution in a proposed class action concerning its account fees. Successfully argued a motion to dismiss the suit.
• Defended an accounting firm against class action claims under the federal securities laws.
• Represented a special committee in a securities class action alleging breach of fiduciary duty in a "going private" merger. Case dismissed.
• Represented World Acceptance Corp. and its executives in a class action following a drop in share price on the heels of the disclosure of a civil investigation demand. Epstein v. World Acceptance Corporation et al., 6:14-cv-1606 (D.S.C.).
• Represented the Carlyle Group and Hellman & Friedman in the PPDI merger shareholder litigation. In re PPDI Litigation, 11-cvs-1486 (N.C. Bus. Ct.).
• Represented Siris, Convest and other financial sponsors in Tekelec merger shareholder litigation. Coyne v. Tekelec, 11 CVS 17255 (N.C. Bus. Ct.), Ferguson v. Tekelec, 11 CVS 17600 (N.C. Bus. Ct.).
• Served as counsel to Family Dollar and its directors in various shareholder and securities class action litigation. Rothenberg v. Levine, 11-CVS-4914 (N.C. Bus. Ct.); Pipefitters Local No. 636 Defined Benefit Pension Fund v. Family Dollar Stores, Inc., 3:13-cv-116 (W.D.N.C.).
• Represented Blackstone Group in the Blackstone-Polymer Group merger litigation. Dugdale v. Polymer, 10-cvs-20527 (N.C. Bus. Ct.).
• Represented CommScope and its directors in a shareholder class action lawsuit. Dadachanji v. CommScope, Inc., 5:10-cv-183 (W.D.N.C.).
• Represented BB&T and its directors in a shareholder derivative action. Borchardt v. King, 1:10-cv-261 (M.D.N.C.).
• Represented a financial institution in suit alleging a systemic failure to include statutorily required language in forms used to create payable on death accounts. Following discovery and argument, the trial court denied class certification. Nelson v. State Employees Credit Union 09-CVS-664 (Orange Co. Sup. Ct.).
• Obtained dismissal on summary judgment of lender liability claims brought by more than 70 plaintiffs arising from a failed real estate development in the North Carolina mountains and secured monetary damages for client on counterclaim. In re Grandfather Vistas Litigation, 08-cvs-27336, 09-cvs-18264 (Mecklenburg Sup. Ct.).

Employment-Related Class and Collective Actions

• Represented a Fortune 50 national retail corporation with nearly 300,000 employees in numerous individual claimant arbitrations and 19 separate state class actions, consolidated as MDL proceedings with a nationwide collective action under the FLSA, regarding allegations of unpaid wages for hourly managers.
• Represent restaurant chain Bojangles' Restaurants Inc. in wage and hour collective actions in the U.S. District Courts for the Western and Middle District of North Carolina and the Eastern District of Tennessee and prevailed on motions to dismiss and to transfer.
• Represented an automobile manufacturer in a class suit brought by the EEOC alleging disparate impact in the application of criminal background screens to applicants for employment. The case was successfully resolved through a consent decree.
• Represent a national health care firm with over 200,000 employees in a federal court class action alleging improper calculation of disability benefits.
• Successfully obtained denial of class certification for a Fortune 500 national discount retailer in a putative national class action brought by 30,000 individual store managers challenging pay and promotion decisions and alleging violations of Title VII and the Equal Pay Act, including an interlocutory appeal in the Fourth Circuit and a petition for certiorari to the U.S. Supreme Court. Scott, et al. v. Family Dollar Stores, 3:08-cv-540 (W.D.N.C., 4th Cir.).
• Obtained decertification of a class of independent contractors pursuing $100 million in compensation claims against a national trucking and logistics company.
• Defended a hospital in a proposed class action in the North Carolina Business Court concerning the assignment of certain insurance benefits. The firm secured dismissal of the complaint.
• Represented a class of plaintiffs who sued to secure disability benefits denied by rulings of the U.S. Department of Health and Human Services. Following a trial court decision restoring benefits to the plaintiff class, the Fourth Circuit upheld merits but narrowed class membership. Won reversal by the U.S. Supreme Court for scope of class. On remand proceedings in trial court and Fourth Circuit, approximately 75,000 disabled North Carolinians recovered benefits the trial court estimated at $470 million for one year. Hyatt v. Shalala (W.D.N.C.; 4th Cir.; Supreme Court).
• Represented an international shipping/logistics company sued in a nationwide class action alleging breach of contract between the company and approximately 2,000 independent contractors. Robinson Bradshaw was hired as replacement counsel after the Court certified the class. With additional discovery, the Court reversed its class certification ruling, a decision that led to an end to the litigation. Foster v. CEVA Freight, LLC.

ERISA Class Actions

• Represented a Fortune 500 global supplier of highly engineered products and technologies in a putative class action filed by former union workers demanding lifetime health care benefits and alleging violations of ERISA and LMRA. Successfully defeated preliminary injunction, opposed class certification and obtained summary judgment dismissal. Brass et al. v. SPX, 3:14-cv-656 (W.D.N.C., 4th Cir.).
• Defended a North Carolina corporation against a class plaintiff’s federal securities and ERISA claims relating to pension plan contributions. The firm obtained a judgment from the U.S. District Court for the Western District of North Carolina that the defendant was not liable.
• Represented a Carolinas health system in the defense and resolution of an asserted class action under ERISA asserting breaches of fiduciary duties for recordkeeping and investment portfolio decisions by the system’s retirement plan committee.
• Represented a public energy company in 10b-5 and "tag along" ERISA class actions filed following a decline in the company's stock price. Cases dismissed on the pleadings with prejudice.
• Represented the independent directors of a financial services company in a class action involving ERISA claims brought by participants in the company's retirement plan.
• Defended a client in a proposed ERISA class action in the U.S. District Court for the Eastern District of North Carolina concerning severance benefits. The firm secured dismissal of the complaint.
• Defended a class action by salaried employees of a NYSE company advancing ERISA, federal securities and state law claims for damages exceeding $250 million. After a lengthy trial and rulings by U.S. Court of Appeals, the federal trial court ruled no liability or injunctive relief, dismissing the case. Elmore v. Cone Mills Corp. (D.S.C.; 4th Cir.).

Fair Credit Reporting Act Class Actions

• Represented a Fortune 500 global energy and environmental technology company in putative class action brought by former employees alleging violations of the FCRA. Case dismissed and settled on favorable terms for client. Downey v. Babcock & Wilcox Enterprises, Inc., 3:17-cv-00718 (W.D.N.C.).
• Represented American Support LLC against class action claims alleging violations of FCRA. Latasha Sales v. American Support, LLC and Insperity Peo Services, L.P., 1:13-cv-418 (M.D.N.C.).
• Represented LendingTree LLC and obtained an order compelling arbitration of various putative class action claims alleging violations of the FCRA after MDL consolidation. Spinozzi v. Lendingtree LLC, 2009 WL 1259351 (W.D.N.C., 4th Cir.).
• Represented retailer against putative class action claims alleging various notice and procedure violations of the FCRA. Brown, et al. v. Lowe’s Companies, Inc. and LexisNexis Screening Solutions, Inc., 5:13-cv-79 (W.D.N.C.).

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