Covington & Burling LLP | Practices, Industries & Regions

Many of the legal challenges our clients face can trigger lawsuits by consumers, often in the form of large-scale consumer class actions filed under state consumer protection or unfair business practice statutes. We represent clients in a wide variety of consumer litigation matters involving alleged deceptive or unfair trade practices, privacy and security protection issues, product liability and mass tort claims, and other disputes under state and federal consumer protection laws.

Our consumer litigation practice relies on a multi-disciplinary approach, drawing on the firm’s expertise in pertinent regulatory disciplines and knowledge of our clients’ industries. We have defended numerous consumer litigation matters for clients in the financial services, life sciences, and food and beverage industries, among others. In each instance we have drawn from Covington’s long history and deep expertise representing our clients before federal and state agencies that regulate these business sectors. Our lawyers have particular experience with the state consumer protection laws that often provide the basis for class action consumer lawsuits, most notably statutes such as California’s Bus. & Prof. Code Section 17200, and New York’s General Business Law Chapter 20 Sections 349 and 350.

Representative Matters

Represent Wells Fargo Bank in several putative consumer class actions brought under California’s Unfair Competition Law (Section 17200) challenging the bank’s disclosures and other practices.
Represented Purdue Pharma in class action litigation in the District of Columbia, Florida, Illinois, New Jersey, and West Virginia in which plaintiffs alleged violations of consumer protection statutes in the sale and marketing of the prescription pain medication OxyContin.
Represent a coalition of dairy processors and retailers in a suit alleging that they have failed adequately to warn milk consumers about lactose intolerance; we also represent the leading dairy processor trade association in a lawsuit alleging that it misled consumers about the benefits of dairy products.
Represented Wyeth in a consumer class action alleging that it violated various privacy rights granted by the California Constitution, the California Confidentiality of Medical Information Act, and common law through its participation in direct mailing programs run by various pharmacies.
Assisted clients in the defense of consumer class action claims challenging the “natural” designation for foods and food ingredients under state consumer protection statutes.
Assisted clients in the defense of class action claims challenging various practices in the marketing of alcoholic beverages products under state consumer protection statutes.