Class Actions Double Play: Avoiding Class Actions and Limiting Exposure with Effective Waivers

Jeffrey S. JacobsonEzra D. Church
February 23, 2023


In this installment of our Double Play series, our two, thirty-minute programs cover avoiding class actions and limiting exposure with effective waivers. More than 5,000 class action lawsuits are filed each year in the state and federal courts in the United States, which means that thousands of lawyers just like you will face the unhappy task of dealing with a class action. Thankfully, there are steps we can take as lawyers to make sure our companies are not easy targets, and to deal effectively and efficiently with a class action lawsuit if and when one is filed. Is arbitration right for your company in agreements with its customers and employees? If it is, how do you craft an enforceable arbitration clause that includes a waiver of the right to assert claims on behalf of a class? This program tells you what you need to know -- and factors you must consider -- when thinking about including arbitration and class action waivers in your contracts.


Jeffrey S. Jacobson, Partner, Faegre Drinker Biddle & Reath LLP, New York, NY & Florham Park, NJ

Ezra D. Church, Partner, Morgan, Lewis & Bockius LLP, Philadelphia, P

Jeff defends clients of all sizes against consumer and privacy class actions in federal and state courts, from the largest retailers and most prominent media, entertainment, and electronics companies to mid-size firms and startups. Jeff has litigated and won cases involving claims under state consumer protection statutes, civil rights laws, racketeering statutes, and the Telephone Consumer Protection Act. Jeff also has defeated securities class action claims that have been brought against numerous U.S.-based and foreign private issuers and has preserved those dismissals on appeal. He represents an equally wide range of clients in general commercial litigation, and both in private practice and government service, he has argued and won numerous appeals before the New Jersey Supreme Court and federal circuit courts. With more than two decades in private practice defending companies in cases like these and with several years of recent experience at the highest levels of the New Jersey Attorney General’s Office, Jeff has the unique perspective of having chaired both the defense and prosecution of major consumer fraud, privacy, and securities litigation, and he has been on both sides of investigations conducted by state attorneys general and the Federal Trade Commission. This allows Jeff to provide his clients with the benefit of a truly multifaceted and strategic perspective regarding the highest-stakes claims.

Ezra focuses his practice on class action lawsuits and complex commercial and product-related litigation, with particular emphasis on the unique issues facing retail, ecommerce, and other consumer-facing companies. Ezra also focuses on privacy and data security matters, and regularly advises and represents clients in connection with these issues. He is co-chair of Morgan Lewis’s Class Action Working Group.

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