Duane Morris LLP - Class Action Litigation

Named an Awesome Opponent in BTI Consulting Group's Litigation Outlook 2026

Named a Distinguished Firm in Class Action Litigation in BTI's Litigation Outlook 2026

Duane Morris
Class Action Review

Class action lawsuits pose significant financial exposure, operational disruption and reputational risk. Drawing on decades of courtroom experience and technical knowledge across industries and practice groups, Duane Morris delivers litigation-tested strategies to cut down claims and resolve cases. We have defended clients in thousands of high-stakes national, state and multidistrict class actions, representative actions and collective actions. Our attorneys have also represented clients in mass tort and multidistrict litigation throughout the country. From early case assessment through resolution, we align litigation strategy with our clients’ business objectives, maintaining cost discipline at every state.

Our Approach

Duane Morris employs proven, integrated methods to mitigate risk and position clients for decisive outcomes in litigation:

Compliance and Risk Prevention: The strongest class action defense begins before litigation is filed. Drawing on extensive federal and state regulatory knowledge and experience, we conduct comprehensive compliance reviews and proactive planning to reduce the risk of becoming the next target of a class action.

Early Case Assessment and Motion Practice: We evaluate how motion practice can resolve a class action at the earliest possible stage. More frequently, early motion practice carves down or eliminates parts of litigation or legal theories. Ultimately, robust and early motion practice, when appropriate, may reduce risk and the cost of overall litigation.

Discovery Management: Class action discovery is complex and expansive. Our lawyers strategically structure and limit discovery (such as class sampling and bifurcation), and we have the dedicated technical professionals to help our lawyers handle the most complex e-discovery issues.

Class Certification Defense: Opposing class certification is key to any effective defense. Our lawyers are on the forefront of evolving class certification standards and develop extensive evidence-based arguments to defeat certification or limit class definitions.

Dispositive Motions: When appropriate, we pursue summary judgment and other dispositive motions, supported by a strong record of success.

Settlement Strategy and Administration: When resolution is in our clients’ best interest, we design and negotiate efficient settlements that minimize cost, operational burden and future exposure. Our experience extends through judicial approval, third-party expert fairness review, notice, objector challenges, including those of governmental agencies, and claims administration.

Trial and Appeals: While most class actions resolve before trial, Duane Morris’ Trial Practice Group is well equipped to litigate these complex disputes to verdict. If class action rulings are appealed, our seasoned appellate team, which includes former appellate judges and law clerks to appellate judges, understands how to protect favorable rulings and challenge adverse decisions.

Class Action Litigation Trends

Duane Morris closely tracks developments and trends in class action and mass tort litigation. Each year, Gerald L. Maatman Jr. and Jennifer A. Riley, chair and vice chair of the Duane Morris Class Action Defense Group, respectively, co-author the Duane Morris Class Action Review (DMCAR) with contributions from attorneys across the firm. Drawing on decades of experience, the group’s insights provide a valuable data-driven analysis of filings, trial outcomes and settlements, and developing case law.

The DMCAR is widely regarded by legal professionals, including plaintiffs' lawyers, corporate counsel and even courts, as an essential desk reference for class action litigation trends, statistics and analysis. The report analyzes thousands of court decisions, providing deep insights into certifications trends, settlements and emerging issues in areas like employment, consumer fraud and data breaches, making it a crucial resource for understanding the legal landscape.

Federal district courts have cited the analysis of the DMCAR in certification rulings, and in 2025 and 2026, litigants filed four briefs with the U.S. Supreme Court with citations to the DMCAR’s findings.

Thought Leadership

Long known as a trial powerhouse, Duane Morris assembled teams from across all areas of our litigation group to create our nationwide class action defense group. It is one of the largest class action practices of any law firm in the world.

The leaders of our practice collectively have over 125 years of experience in handling the largest “bet-the-company” class actions ever faced by corporate America. Those practice leaders also contribute thought leadership in the class action space that range from a weekly podcast series, The Class Action Weekly Wire, and our specialty branded Duane Morris Class Action Defense Blog. The chair of our group is also the author and editor of the nation’s leading class action treatise—The Law of Class Actions: Fifty States—published biannually by the ALM legal press.

Areas of Service

Our lawyers have litigated class actions in virtually all areas of law, including state and federal consumer protection statutes, antitrust and franchise violations,

securities and Racketeer Influenced and Corrupt Organizations Act (RICO) claims, employment statutes, data protection and privacy, products liability, toxic torts and mass torts. Duane Morris has worked with clients spanning industries including retail, financial services, insurance, real estate, education, energy, healthcare, franchising, gaming and government.

Employment

We have extensive experience defending class actions claims related to federal and state discrimination, the Employee Retirement Income Security Act and the employment-related Fair Credit Reporting Act. We have represented companies in a range of Fair Labor Standards Act cases relating to the failure to pay minimum wage, misclassification, donning and doffing, off-the-clock work, overtime and independent contractor status.

Education

Colleges and universities are frequent class action targets. Duane Morris Education Industry Group attorneys have achieved favorable outcomes for education clients in cases involving unfair competition law, advertising law, wage-and-hour, and claims over accreditation in both state and federal courts.

Data Protection and Privacy

An emerging area in class action litigation, data protection and privacy claims require innovative strategies for defense. For years, Duane Morris’ Privacy and Data Protection Group has supported businesses sued for data or confidentiality breaches. We regularly represent businesses in security breach responses and litigation under the evolving guidance of federal and state privacy and security laws, such as California Invasion of Privacy Act and the Video Privacy Protection Act.

Consumer Protection

Duane Morris attorneys defend manufacturers, retailers and other service providers against a broad range of state and federal consumer protection statutes related to the marketing or consumer products and services, including claims under Telephone Consumer Protection Act (TCPA), the Real Estate Settlement Procedures Act, the Consumer Legal Remedies Act and the Unfair Competition and False Advertising Law. We also understand the interaction between state law and the Class Action Fairness Act, and how to conduct multidistrict litigation.

Financial Services

Drawing on our integrated litigation and corporate experience, Duane Morris’ robust Banking and Finance Industry Group represents a range of financial institutions in complex class actions under the Fair Debt Collection Practices Act, the TCPA, the Fair Credit Reporting Act, the Equal Credit Opportunity Act and the Real Estate Settlement Procedures Act, among others.

Insurance Class Actions

Our nationally recognized Insurance and Reinsurance Industry Group litigates significant and complex coverage, regulator and class action disputes, including challenges to premiums and contingent profit commissions.

Antitrust and Franchise

Duane Morris’ Antitrust and Competition attorneys represent clients in antitrust and franchise class actions involving monopolization, anticompetitive mergers and acquisitions, price restraints, output restraints, group boycotts or collective refusals to deal, exclusive dealing, tying, price discrimination, dealer termination, territorial restraints, restrictive covenants or noncompetition agreements, improper assertions of patents and other intellectual property rights. We have litigated exemptions and immunities, including the state action doctrine, the Noerr-Pennington doctrine and the McCarran-Ferguson Act. Our attorneys also have experience on both the plaintiff and defense side, enabling pragmatic and sophisticated strategies catered to each clients’ needs.

Securities and RICO

Duane Morris’ Securities Litigation lawyers defend companies, directors and officers in claims under the Securities Act of 1933, the Securities and Exchange Act of 1934 and RICO. We represent clients in public offerings, private offerings, REITs and real estate securities transactions, compliance, regulatory and governance matters and international securities transactions. We also represent defendants in shareholder derivative litigation, which is procedurally similar to class action litigation.

Americans with Disabilities Act

Alleged violations of the Americans with Disabilities Act can create significant exposure. Duane Morris attorneys represent businesses across industries against claims involving violations of facilities, employment practices and digital platforms, such as website accessibility compliance, developing practical strategies tailored to each client’s operations.

Government

Duane Morris attorneys represent state and local governments and their agencies in class actions involving housing issues, the legality of labor agreements and toll structures, and other matters applying governmental immunities and defenses.

Gaming

The rise of gaming on social platforms has created new opportunities for class action litigation. Duane Morris attorneys, with extensive experience in gaming’s evolution, provide a strong defense in these matters. Our team has represented sweepstakes operators and social casinos in class actions, enforcing arbitration provisions and defeating claims under gambling loss, RICO and consumer fraud statutes, as well as representing clients in mass arbitrations.

Environmental

Our multidisciplinary team has represented companies in matters involving Superfund sites and the use of per- and polyfluoroalkyl substances (PFAS). Additionally, Duane Morris lawyers have defended against class economic claims alleging that the pollution of ethylene oxide has reduced home value in a geographic area.

Real Estate

In addition to consumer class actions based on home mortgages or liens, we have significant experience in class actions and multiplaintiff actions claiming damage to real estate, having represented both plaintiffs and defendants in such cases.

Healthcare

We counsel health systems and hospitals, physicians, acute care centers, pharmaceutical manufacturers and other healthcare entities in class actions and multidistrict litigation involving data breach claims, antitrust reimbursement opt-out actions and related matters.

Products Liability and Mass Torts

Products liability and mass torts require experienced counsel for multiple claims arising from single sources of liability. Members of our Products Liability and Toxic Torts Group handle causation, medical monitoring, Daubert issues, complex and overlapping discovery, and bellwether cases involving food, drugs, sports equipment, hair care and cosmetics, asbestos, mold, vehicles and product mislabeling claims. The firm also has significant experience defending medical device and biologic cases.

Emerging and Specialized Areas

We defend companies in class actions brought by animal rights organizations and related to consumer protection and false advertising claims. We also represent theme parks in sensitive class claims involving discrimination and negligence, offering early risk assessment and decisive litigation strategies.