prevailing in parallel proceedings
Conrad O’Brien achieved a string of victories for a client faced with multiple proceedings arising from alleged fraudulent sales practices.
The client, a company in a heavily regulated industry, was faced first with a series of aggressive nationwide class action cases in federal and state courts around the country, asserting tort and contract-based consumer claims. The company chose Conrad O’Brien as its counsel. While the class actions were pending, the company received a federal grand jury subpoena and was identified, along with its top-level executives, as felony targets of the federal investigation. A state regulatory investigation soon followed. The litigation garnered high profile national media coverage, including stories by prime time network documentary shows. As the company’s challenges mounted, Conrad O’Brien worked with the client and experienced media consultants to create a coordinated strategy. The goals: to defeat class certification, persuade government authorities that criminal charges were not warranted, and minimize adverse publicity.
The state consumer class action litigation ended after Conrad O’Brien defeated class certification and obtained summary judgment in the company’s favor. In the federal class actions, Conrad O’Brien defeated class certification and the cases settled for nuisance value. Through extensive negotiations with the Department of Justice, Conrad O’Brien persuaded the government to decline any criminal prosecution and to settle the case with the company on a civil basis, with no charges against individuals. The state authorities then discontinued their pursuit and the media coverage throughout was contained.