The current pace of change is rapid and, in many cases, business-critical decisions are being made without the luxury of time for thorough investigation or reflection. Against that background, there is obvious scope for error – or, in any event, for allegations to be made with the benefit of hindsight that things could and should have been done differently. Where there are large numbers of individuals or businesses affected, there is the potential for class actions to be brought.
It is widely anticipated that the number of class actions brought around the world will continue to grow, driven by the globalisation of claimant firms, claims management companies and litigation funders. The nature and size of such disputes, if not managed effectively, can lead to costly and long lasting litigation which can damage the reputation and, ultimately, the profitability of the business.
We have a long history of acting for companies faced with class actions, including actual or threatened proceedings. Our class action specialists help our clients to navigate this complex area of law, including the novel legal issues which frequently arise, successfully resolving or defending class action litigation across multiple jurisdictions. Clients rely on our extensive knowledge and experience with class actions, strengthened by our global network of lawyers who effectively collaborate and leverage their experience in multi-jurisdictional, national and cross-border disputes.
We have acted in a significant number of the largest and most complex class actions in recent years and have expert understanding of the relevant court rules in different jurisdictions and the basis on which class actions claims can be challenged.
We draw on a unique depth of expertise in all practice areas and sectors across our global network in which class action claims are prevalent including banking and financial services, consumer products and manufacturing, business and human rights, environment, competition, energy, mining, infrastructure, TMT and utilities. We are also often instructed by and work with insurers in relation to resulting insurance claims.
Herbert Smith Freehills has specialised proficiency in the practice areas that are frequently the subject of class actions, including:
- Securities litigation and investments
- Cyber and Data
- Insurance
- Business and Human rights
- Consumer protection/fraud
- Product liability and consumer protection
- Environmental / Climate Change
- Competition
- Employment and Pensions
- Tourism
Combining subject matter and sector expertise with the services of our unique Global Advocacy Group enables us to minimise the commercial and reputational effect a dispute can have on your business.
