Goldberg Kohn - Attorneys at Law Goldberg Kohn Bell Black Rosenbloom & Moritz Ltd
Goldberg Kohn

As successive waves of class action litigation have come crashing down on one industry after another, our national practice has evolved from primarily "firefighting" to include planning, prevention and industry education. From our industry-wide representation of debt collection firms in the mid-90s to our precedent-establishing representation of lenders and consumer products companies in recent years, we have emerged as a nationally known team of forward-thinking, aggressive opponents of the increasingly creative and far-reaching plaintiffs' bar. Through our participation in nearly 100 cases, including securities and employment class actions, and our leadership in the ABA Class Action Committee and our chairing of National Institutes, we have made numerous contributions to the development of the defense jurisprudence in this field, in precedent-setting decisions, in raising awareness of emerging threats, and in proposing both preemptive risk-redemption strategies and aggressive theories of defense.

The firm defends banks, credit card and finance companies, debt collectors, attorneys, and consumer product companies in courts around the country against class actions brought under both state and federal law. We have defended class claims brought under state consumer protection and unfair trade practices statutes in more than a dozen jurisdictions, as well as class claims brought under RICO, the FDCPA, RESPA and the Credit Repair Organizations Act, to name a few.

In addition, we have represented some of the country's leading lenders, servicers and other participants in the residential mortgage industry in courts in Illinois, Alabama, Washington and Montana in class claims alleging deceptive practices and other wrongs arising out of the origination and servicing of residential mortgages.

These cases sometimes generate regulatory inquiries as well as court proceedings, and our lawyers appear both in court and before regulatory boards representing a client's interests. Regulatory agencies with which the firm has experience include the Federal Trade Commission, the Illinois Department of Professional Regulation, and the Attorney Registration and Disciplinary Commission.

Our commitment to the area of class action defense has led to leadership positions for our principals in bar associations and relevant industries. For example, the head of this practice area for the firm is the co-chair of the American Bar Association subcommittee on consumer class actions, is on the Advisory Board of the BNA publication Class Action Litigation, and speaks frequently on this subject across the country. Another of our partners in this practice area is the chair of the Defense Research Institute committee that addresses consumer class actions.

For more information on our Class Action Defense Group, please contact 
Frederick Cohen at 312.201.3929 or via email at frederick.cohen@goldbergkohn.com.

Representative Matters

Our Experience

  • Recently, the firm represented a public company sued under the Credit Repair Organizations Act, a federal statute without a statutory cap on damages. As the result of aggressive and novel positions taken on a Motion to Dismiss and in our Opposition to Class Certification, we were able to impose a favorable limit on our client's exposure in the event of liability.
  • In another recent case, we defended a large privately held Ohio-based company in a multi-district class action brought under state UTPAs and the FDCPA. Through the use of MDL procedures, we consolidated cases from four jurisdictions before a single court and achieved a favorable settlement for our client.
  • We are currently representing one of the nation's largest lenders in class actions by mortgagors alleging violations of Illinois' consumer protection statutes resulting from allegedly excessive interest and other charges.
  • We were also successful in having all claims dismissed against a client in a class action in Washington state alleging that fees assessed against mortgagors in a bankruptcy were in violation of state law and the bankruptcy code.
  • We have also represented the country's largest network of mortgage foreclosure attorneys in class actions alleging improper and deceptive charges assessed in connection with foreclosure proceedings. In an action in Alabama, we successfully opposed the plaintiff's Motion for Class Certification, leading to a favorable settlement for our client.
  • We have also represented numerous retailers, financial institutions, large collection agencies and purchasers of debt in courts around the country where we have successfully opposed class certification, effectively ending the litigation.

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