Rebecca J. Schwartz’s practice focuses on the defense of complex and class action litigation in state and federal courts across the United States.
Class Action Defense –
- Becky has defended numerous high profile class actions for cigarette, pharmaceutical, medical device and alcoholic beverage manufacturers, many of which have included state consumer protection law claims. She has also successfully represented mining companies and energy producers in environmental class action cases involving significant property damage and medical monitoring claims.
- Becky’s experience includes the defense of a series of tenant class action lawsuits alleging toxic mold exposure stemming from construction defects. Becky regularly defends corporate clients in cases where individual plaintiffs seek potentially unconstitutional statutory and/or punitive damages on behalf of themselves and a class.
Telephone Consumer Protection Act and Other Privacy-Related Statutory Claims –
- Becky has extensive experience defending mid-size and global companies in class action and individual lawsuits based on alleged violations of the Telephone Consumer Protection Act (TCPA). Becky closely monitors FCC orders and analyzes the Commission’s interpretations of the TCPA likely to affect her clients’ compliance efforts. Her work occasionally involves engagement on behalf of her clients with the FCC.
- Becky’s practice has also involved the defense of major retailers in privacy-related class action lawsuits based on the Fair and Accurate Credit Transactions Act. She is well versed in Payment Card Industry Data Security Standards and other legal protections applicable to Personally Identifiable Information.
Class Arbitration –
- Becky has also successfully defended class claims in arbitration under the Federal Arbitration Act and American Arbitration Association rules, and offers particular knowledge to clients facing class arbitration proceedings. She is also available to counsel companies attempting to craft effective class action waivers for inclusion in arbitration agreements.
Strategic Discovery Practice –
- Throughout her career, Becky has consistently approached discovery as an element of litigation to be strategically managed in order to minimize operational disruption and cost to her business clients. She understands the value of cooperation during discovery, but will not hesitate to “draw a line” and aggressively litigate discovery issues when necessary. When it comes to e-discovery, Becky recognizes that each client’s circumstance is unique, and tailors her team’s approach accordingly.
- Becky has successfully prepared and produced countless company witnesses in discovery, including everyone from company presidents to IT professionals to building maintenance staff. She practices a calm, methodical approach to witness preparation that fosters witness confidence and leads to more effective testimony.
Complex Individual Cases –
- In addition to her class action work, Becky has extensive experience litigating high-stakes, multi-defendant product liability lawsuits brought by individual plaintiffs.
- She has been involved in such cases from the filing of initial pleadings through trial and has defeated a wide array of claims, including those for negligence, misrepresentation, fraud, design defect, conspiracy, strict liability, unfair trade practices and consumer protection law violations.
- J.D., with distinction, University of Missouri – Kansas City School of Law, 1997
- UMKC Law Review, Staff Member
- The Urban Lawyer, Staff Member
- Order of the Barristers
- Order of the Bench and Robe.
- B.S., Indiana University, 1988
- U.S. District Court, Western District of Missouri
- U.S. District Court, Eastern District of Missouri
- U.S. District Court, District of Kansas
- U.S. District Court, Northern District of Oklahoma
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Central District of Illinois
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Tenth Circuit
- American Bar Association
- Kansas City Metropolitan Bar Association
- Missouri Organization of Defense Lawyers
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