In Winston’s Class Action Insider blog’s inaugural interview for the Spotlight Series, Partner Chris Murphy shares 2023 class action litigation predictions, recollections of trial successes, and his experience since joining Winston’s Class Actions practice.

The Class Action Insider blog’s Attorney Spotlight series will bring readers face-to-face with Winston & Strawn’s Class Action litigators. Through these Q&A interviews, our seasoned litigators will share their insights on current and upcoming class action litigation trends, bring readers into the courtroom for career highlights and anecdotes, and offer other musings and perspectives on the practice of law. 

This week, we welcome Chris Murphy to the spotlight. Chris, who joined Winston in 2020, is a seasoned trial lawyer with a strong focus on advertising litigation and consumer class actions. He has been recognized for his work in class action matters by Benchmark Litigation, Best Lawyers in America, and The Legal 500 US.

What do you see on the 2023 horizon for class action litigation?

I believe that many of the same trends in class action litigation from 2022 will continue through 2023 but at an accelerated rate. Coming out of the slowdown in the courts during the pandemic, there is a backlog of cases that must now be litigated. Clients will focus their legal spend on the higher-risk, complex litigation matters, especially class actions. The types of class actions most likely to be litigated in 2023 include:

  • Food and beverage labeling, especially sustainability claims
  • Data privacy and cybersecurity
  • Pharmaceutical pricing
  • PFAS contamination
  • Securities litigation, especially SPAC-related disputes
  • Auto-renewal subscriptions

Do any cases from your storied trial career stick out as a favorite? If so, why?

I am most gratified when a decision sets a new legal standard that raises the bar for certifying a class against a company. For example, on behalf of The Coca-Cola Company, I successfully argued in the U.S. Court of Appeals for the Seventh Circuit that a class is not sufficiently ascertainable, an implied requirement of Fed.R.Civ.P 23, if it includes countless uninjured members. Of course, a defense judgment in a sprawling MDL is also rewarding because there is enormous pressure on our clients to settle MDL proceedings. For example, in a products liability class action against James Hardie Building Products, we successfully moved to disqualify the plaintiffs’ expert and defeated class certification in the core consolidated proceedings and then went on to win summary judgment in that case and in each of the member cases. 

Why were you excited to join Winston’s Class Actions practice?

My experience is that most firms have just a few litigators who specialize in class actions, but Winston has a deep bench of highly experienced class action litigators in a variety of substantive areas, including antitrust, consumer, securities, products liability, employment, and environmental class actions.  The lawyers in the Class Action Practice Group are very collaborative and keep each other informed of the most recent developments in class action jurisprudence. They leverage this collective wisdom to bring innovative solutions to the class action disputes that our clients are facing. I am thrilled to be a part of this energetic and thoughtful practice group.