Emerging Issues in TCPA Class Actions: Impact of McLaughlin v. McKesson, Novel Claims, and Defense Strategies

Ms. Kang focuses her practice on commercial litigation and disputes and provides counsel as a full-service litigator in a wide range of industries, including consumer products and services, energy, oil and gas, apparel, food and dietary supplements, and real estate. Her experience spans all phases of litigation, from advising on pre-suit litigation risk management to guide business decisions, through fact investigation, discovery, and dispositive motion practice, to trial and post-trial motions. Ms. Kang's practice includes defending companies in consumer fraud litigation involving claims of false labeling and advertising, responding to pre-suit claims under the California Consumers Legal Remedies Act, and counseling companies on drafting online terms and conditions to mitigate litigation risk. She also has experience representing clients in a variety of matters involving California-specific issues, such as the California Environmental Quality Act and the Health & Safety Code, and the California Air Resources Board.

Mr. McGuinness litigates commercial disputes throughout the country and has significant experience in complex business conflicts. He regularly represents publicly traded companies and emerging businesses in industries that include financial services, retail, media and technology. Representing clients in consumer class and individual actions, Mr. McGuiness has deep experience at all stages of complex commercial disputes. He handles arbitrations, mediations, and court and jury trials and appeals. Mr. McGuiness is a frequent writer and speaker on class action litigation and consumer financial services.

Mr. Ross represents clients in business disputes, commercial and securities litigation, government investigations, and class actions. He is ranked by Chambers USA in Securities Litigation (2023), where he is ranked in Band 1, and in Commercial Litigation (2023). Clients described him in Chambers USA as “an excellent attorney with a sophisticated knowledge of Florida law,” a lawyer who is “thorough in his analysis of the issues and creates workable, cost-efficient plans to solve them,” and “strategic, and thinks about the bigger picture and how to manage a difficult opponent” (2023).   He has extensive experience defending his clients in high-stakes commercial and securities litigation, nationwide class actions, shareholder derivative suits, breach of fiduciary actions, state securities actions, and government investigations. Mr. Ross has defended his clients through trial in cases involving challenging financial, corporate governance, and damages issues. He has prevailed on dispositive motions, defeated class certification, and successfully won appeals on novel issues of materiality, reliance, and causation under Florida law. Mr. Ross writes frequently on emerging issues in securities and class action litigation, and his analysis has been featured in the Florida Bar Journal, the Journal of Health and Life Sciences Law, Law360, and the Daily Business Review. Ian also serves on the editorial board of the Enhanced Scrutiny blog, where the Sidley team provides timely updates and analysis on M&A and corporate governance matters from the Delaware courts.