Clair Wischusen is a complex commercial litigator and class action defense lawyer with a national practice focused on high-stakes business disputes, consumer class actions, multidistrict litigation, and coordinated multi-defendant litigation. She represents companies facing significant legal, financial, operational, and reputational exposure, and is known for developing aggressive, practical strategies designed to defeat claims early, narrow the case before discovery becomes disproportionate, and position matters for summary judgment, favorable resolution, or trial.
- Secured a significant victory in NFT/metaverse litigation by obtaining an order compelling individual arbitration and staying a putative nationwide class action asserting federal securities, consumer protection, and unjust enrichment claims. The ruling enforced a clickwrap arbitration agreement and class action waiver and prevented the case from proceeding as a class action in federal court.
- Secured a major pleading-stage victory for a generic pharmaceutical company in multidistrict antitrust litigation involving alleged price-fixing in the generic drug industry. The court granted client-specific motions to dismiss three separate complaints, removing the client entirely from those actions and eliminating substantial discovery exposure.
- Obtained dismissal with prejudice of a consumer class action alleging false advertising claims against a leading toothpaste manufacturer in the United States District Court for the Northern District of New York.
- Represented a national beverage manufacturer in obtaining dismissal with prejudice of a consumer false advertising class action in the United States District Court for the Northern District of California.
- Represented an advertiser in obtaining dismissal of a putative TCPA class action alleging unauthorized text messages in the United States District Court for the District of New Mexico.
- Represented a digital media company in obtaining dismissal with prejudice of a putative class action under the Video Privacy Protection Act.
- Represented a manufacturer and distributor of consumer healthcare products in obtaining voluntary dismissal with prejudice of a putative class action alleging Lanham Act false advertising claims in the United States District Court for the Northern District of Illinois.
- Obtained a Third Circuit decision affirming dismissal of a $250 million adversary proceeding against former officers and directors of a medical diagnostic company.
- Represented a payment card company in obtaining a published Fourth Circuit decision affirming favorable summary judgment on antitrust and Lanham Act claims.
- Represented a medical device company in obtaining a precedential Pennsylvania Supreme Court decision enforcing restrictive covenants against a former employee.
- Represented a major entertainment company in obtaining dismissal of copyright infringement and idea-submission claims involving a reality television show.
- Obtained dismissal of a putative class action under the federal Worker Adjustment and Retraining Notification Act in the United States District Court for the Eastern District of Pennsylvania.
Admissions
- Virginia
- District of Columbia
- New Jersey
- Pennsylvania
- U.S. Court of Appeals, Third, Fourth, and Tenth Circuits
- U.S. Court of Appeals, District of Columbia Circuit
- U.S. District Court, Eastern and Western Districts of Virginia
- U.S. District Court, District of New Jersey
- U.S. District Court, District of Maryland
- U.S. District Court, Eastern, Western, and Middle Districts of Pennsylvania
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Michigan
Education
- J.D., cum laude, Temple University James E. Beasley School of Law
- B.A., magna cum laude, Muhlenberg College