Class Action Defense

Eaton & Van Winkle attorneys have extensive experience in defending and prosecuting class action cases including cases brought under Exchange Act Rule 10b-5 and civil RICO. Our attorneys have achieved dismissals on the pleadings in many class cases and, where dismissal may not be feasible, we have resolved many claims early in litigation with very favorable settlements. Our attorneys have also obtained dismissals of 10b-5 and RICO claims on the merits.

Several members of this practice area have been identified as “super lawyers” by Super Lawyers Magazine and have received top ratings by the independent attorney rating services, AVVO, Chambers and Best Lawyers in America. Our attorneys have handled billions of dollars in class cases. Our attorneys have published dozens of scholarly articles on topics ranging from securities fraud pleading, loss causation, insider trading, and risk arbitrage, to class certification, causal modeling and remedies . Our attorneys have also published extensively on the RICO statute, including articles on RICO predicate acts, enterprise theory, standing, direct injury, claims accrual, RICO loss causation, the PSLRA RICO Amendment and RICO extraterritoriality. In 2012 and 2013, our attorneys moved to dismiss class claims five times in New York’s Southern District alleging Rule 10b-5 violations and/or Section 11 and 12 claims, winning all motions to dismiss, dismissing more than $120 million in claims against EVW clients. Our attorneys successfully won Rule 12 motions, each seeking in excess of $300 million against a bank officer accused of market manipulation through the mis-structuring of swap agreements in class suits in a multidistrict proceeding in Maryland.

Our attorneys have defended class action clients for clients of many types, including: accounting/auditing firms, real estate firms, large retailers, mining companies, oil development companies, government contractor, insurers and banks, and professional sports teams and leagues. Our attorneys have secured dismissals of cases in the United States District Courts for the Eastern District of New York, Southern District of New York, Northern District of California, District of Delaware, District of Maryland, Eastern District of Texas and state courts in New York, Connecticut, Delaware and California. The firm’s litigators have handled class actions arising under the securities laws, antitrust laws, and consumer protection statutes, handling, as well, mass tort, product liability and common law claims.


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