Class Actions
Miller Nash represents businesses from a wide variety of industries in high-stakes class and collective actions. Our team has extensive experience with all phases of class action litigation, including trial. We also track national trends and developments in class action litigation brought by coordinated plaintiffs’ firms from across the country. Our deep bench is known for practical strategy, disciplined case management, and an unwavering focus on our clients’ business objectives.
Breadth of Experience
Consumer Protection & Unfair Trade Practices
We defend clients facing complex litigation involving consumer protection, unfair and deceptive business practices, false advertising, and breach of contract. Our team has deep experience and expertise with state consumer protection and unfair trade practices statutes as well as federal laws and regulations governing banking and product disclosures, advertising, and telephonic and electronic communications. We successfully resolve cases on the merits and at class certification.
Data Breach & Privacy
We assist organizations responding to data breaches and related litigation, guiding clients through the full lifecycle of an incident, from initial response and regulatory considerations to insurance recovery, litigation defense, and settlement strategy. Our team understands evolving privacy laws and the technical realities of cybersecurity incidents, and we focus on defeating claims that lack concrete injury or fail to meet class certification requirements.
Product Liability & Mass Tort Litigation
Miller Nash represents manufacturers, distributors, and suppliers in product liability class actions and coordinated proceedings. We bring a strong command of scientific, technical, and regulatory issues and work closely with experts to challenge class-wide proof of defect, causation, and damages. Our approach emphasizes early risk assessment, targeted discovery, and strategic use of Daubert and summary judgment motions to narrow or defeat claims.
Selective Plaintiff-Side Class Action Experience
While Miller Nash is primarily known for defending businesses in complex class actions, our attorneys also selectively represent plaintiffs in appropriate matters. This experience provides valuable insight into plaintiff-side strategy, case development, and class certification tactics, which in turn strengthens our ability to anticipate and counter opposing arguments when defending clients. By working with both sides of the class action bar, we bring a more complete, pragmatic perspective to every case and are better positioned to evaluate risk, assess settlement dynamics, and achieve efficient, strategic outcomes.
Toxic Torts & Environmental
Our litigators have experience defending toxic tort and environmental class actions involving statutory and common law claims, including trespass, nuisance, and negligence. We handle matters requiring extensive expert analysis, community engagement issues, and complex causation defenses, often involving long-standing industrial operations or infrastructure.
Wage & Hour and Employment
Miller Nash is a go-to firm for employers facing wage and hour class and collective actions under state and federal law. We routinely defend claims involving overtime, minimum wage, meal and rest breaks, timekeeping practices, predictive scheduling, prevailing wage, on-call time, paid sick leave, and joint employer theories. Our experience spans early dispositive motion practice, class certification battles, bench and jury trials, appeals, and favorable negotiated resolutions. We also advise employers proactively to reduce exposure and respond swiftly when claims arise.
Strategic, Business-Oriented Approach
Class actions present not only legal risk, but reputational, operational, and financial considerations. We work closely with in-house counsel and executive and IT teams to evaluate exposure early, develop strategies aligned with business priorities, and adapt as cases evolve.
When early dismissal or denial of class certification is achievable, we pursue it aggressively. When resolution is the better business outcome, we guide clients through structured negotiations and settlement processes designed to withstand judicial scrutiny and minimize disruption.
Sophisticated Case Management & Discovery Capabilities
Miller Nash routinely manages class actions involving large volumes of documents and electronically stored information. Our team leverages advanced discovery tools, including technology-assisted document review software, secure data rooms, and efficient review workflows to control costs and maintain momentum. We collaborate closely with clients to ensure transparency and efficiency throughout discovery.
If a class is certified or a settlement is reached, we have significant experience working with class counsel and claims administrators to design and implement defensible notice programs and claims processes, ensuring compliance and smooth administration.
Trial-Ready
While many class actions resolve short of trial, we prepare every case with trial in mind. Our attorneys have tried class actions and collective actions to verdict and are experienced advocates in appellate courts. When resolution is not in our clients’ best interests, we provide an assertive, disciplined defense focused on achieving the strongest possible outcome
