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The ABA-sponsored annual National Institute on Class Actions is the premier CLE conference focusing on class action trends.  This year’s event will be held on October 23 and 24 in Chicago.  I will be participating on a panel discussing trends in privacy class actions, and there are a variety of other excellent panel presentations scheduled, including a program on business development for both plaintiff’s and defense attorneys.  This year’s Showcase Program is a Town Hall Meeting with the Rule 23 Subcommittee of the Advisory Committee on Civil Rules, so if you would like to have some input into the future of Rule 23, you’d best be in attendance!   For those of you who are new to class actions, Dan Karon and Drew McGuinness are reprising their second-to-none Class Actions 101 program.

For more information and to sign up for this excellent program, please click the link below.

http://shop.americanbar.org/eBus/Default.aspx?TabID=1444&productId=211246

 

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It’s not too late to register for this Thursday’s CLE program at the University of San Francisco.  See the particulars below.

CLICK HERE FOR MORE INFORMATION AND TO REGISTER

Who’s in Charge Here?: The Role of Lawyers, Clients, Insurers, and Judges in Class Actions and Mass Tort Litigation

Presented by the Class Actions and Derivatives Suits, Consumer Litigation, and Mass Torts Committees

Thursday, June 19, 2014, 12:00pm – 7:00pm

University of San Francisco Law School, San Francisco, CA

FREE PARKING AND 2 ETHICS CREDITS!!

The Gulf Oil Spill, the 9-11 terrorist attacks, massive product recalls and credit card data breaches—these and other large-scale conflicts generate correspondingly massive litigation, requiring courts, parties, attorneys, and insurers to adapt to increasingly complex challenges.  For this half-day CLE event, we have assembled a distinguished group of judges, academics, mediators, and counsel to discuss some of the most pressing issues facing the various stakeholders.

Our all-star panels will explore ethical and other standards for selecting and evaluating named class representatives; coverage and other current issues surrounding consumer data breach class actions; the balancing of individual plaintiffs’ interests in settlement of mass tort cases; and cutting-edge case management techniques gleaned for among the most tragic mass disasters of our time—the 9-11 attacks and the Gulf Oil Spill.

We are pleased to feature the Hon. Alvin Hellerstein, U.S. District Court for the S.D. of New York—who presided over the 9-11 cases; the Hon. Jon Tigar of the U.S. District Court for the N.D. of California; Tara Kelly, inside counsel at British Petroleum (Houston); Prof. Deborah Hensler of Stanford Law School; Assoc. Dean Joshua Davis of the University of San Francisco School of Law; Thomas Kang at the ACE Group (Los Angeles); and Jocelyn Larkin, Executive Director of the Impact Fund (Berkley), among our distinguished panelists.  Lunch will be provided, and the program will be followed by a sponsored cocktail hour, providing ample opportunities for networking.  Come join us for an enlightening afternoon!

Program Highlights:

  • Whose Class Is It Anyway? –The Policy, Practice, and Ethics Behind the Search for Named Plaintiffs (Ethics CLE Credit Applied for)
  • Recent Developments in Data Privacy Class Actions and Insurance Coverage
  • It’s The Trees Not the Forest – Considering Individual Interests in Mass Torts Settlements
  • Judicial Quasi-Class Actions – Managing MDL and mass tort litigation through judicial control over the appointment of lead counsel, attorneys’ fees, and cost-shifting

Faculty:

  • Hon Alvin K. Hellerstein, U.S. District Court of the Southern District of New York
  • Hon Jon S. Tigar, U.S. District Court for the Northern District of California
  • Professor Joshua Davis, University of San Francisco Law School
  • Professor Deborah Hensler, Stanford University Law School
  • Tara Kelly, British Petroleum, Houston, Texas
  • Thomas Kang, ACE North American Professional Risk, Los Angeles
  • Catherine Yanni, JAMS, San Francisco
  • Jocelyn Larkin, Impact Fund, San Francisco
  • Sheila Birnbaum, Quinn Emanuel Urquhart & Sullivan, New York, New York
  • Paul Karlsgodt, BakerHostetler, Denver, Colorado (Program Co-Chair)
  • Linda D. Kornfeld, Kasowitz, Benson, Torres & Friedman LLP, Los Angeles
  • Karen Menzies, Robinson Calcagnie Robinson Shapiro Davis, Newport Beach
  • Andrew McGuinness, Ann Arbor, Michigan (Program Co-Chair)
  • Rudy Perrino, Walsworth Franklin Bevins & McCall, Los Angeles
  • Rosemarie Ring, Munger, Tolles & Olson LLP, San Francisco
  • Christina Terplan, Clyde & Co., San Francisco
  • Timothy Tomasik, Tomasik Kotin Kasserman, Chicago, Illinois
  • Donna L. Wilson, Manatt, Phelps & Phillips, Los Angeles

Thanks to our Platinum Sponsors!

  • University of San Francisco School of Law
  • Heffler Claims Group
  • Gilardi & Co. LLC
  • Brown Claims Management Group
  • Garden City Group
  • Munger, Tolles & Olson LLP

Gold Sponsors

  • BakerHostetler
  • Clyde & Co.

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I’m pleased to announce that I’ll be co-chairing an ABA Regional CLE conference on June 19 in San Francisco. The program is being organized jointly by the Class Actions and Derivative Suits, Mass Torts, and Consumer Litigation Committees of the ABA’s litigation section. We’ve put together some top-notch panels on some very timely topics and we hope to see you there. See below for a program synopsis.  Click here for more information and to register.

This half-day CLE event will explore selected key issues in consumer class action and mass tort litigation and the roles played by claimants, defendants, other stakeholders, and decision makers in bringing and resolving class actions and mass disputes. Our all-star panels will cover a variety of topics, all focused around this common theme, including legal ethics, data privacy, and cutting-edge case management and dispute resolution procedures. This program is a can’t-miss event for lawyers, judges, policymakers, and academics alike.

Location:
University of San Francisco Law School
2130 Fulton Street
San Francisco, CA 94117

Event Date & Time
June 19, 2014
12 p.m.–7 p.m.

Registration Fee
Section of Litigation Members and Government Attorneys: $125
Non-Section Member: $185

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If you’re prosecuting or defending a class action or are interested in class action developments (and I’m not sure why on Earth you would be reading this otherwise) you’ll want to know about a great new ABA publication on the Class Action Fairness Act of 2005 (CAFA).  The Class Action Fairness Act, Law and Strategy, is a book of collected works written by experts on both sides of the bar and deftly edited by former ABA CADS Committee Chair Gregory C. Cook.  Those familiar with CADS (the Class Actions and Derivative Suits Committee of the ABA Section of Litigation) will recognize the names of many of the knowledgeable contributors.

The book covers nearly every CAFA-related topic conceivable, from the history of CAFA to the provisions expanding federal diversity jurisdiction in class actions and the provisions regulating federal class action settlements.  It can be used as a reference guide for the basic requirements of CAFA, but it also provides practical strategy tips for both plaintiffs and defendants in dealing with common and not-so-common CAFA issues.  Here is a summary of the Table of Contents:

  • Chapter 1 – Introduction and Overview
  • Chapter 2 – CAFA in Congress: The Eight-Year Struggle
  • Chapter 3 – Hey CAFA, Is that a Class Action?
  • Chapter 4 – The Amount in Controversy under CAFA: Have You Got What It Takes for Federal Court?
  • Chapter 5 – CAFA’s Numerosity Requirement, or How to Count from 1 to 100
  • Chapter 6 – Basics of MInimal Diversity in CAFA
  • Chapter 7 – Welcome to the Jungle: CAFA Exceptions
  • Chapter 8 – How CAFA Expands Federal Jurisdiction to Include Certain Mass Actions
  • Chapter 9 – Advanced Procedural and Strategic Considerations on Removal under CAFA
  • Chapter 10 – CAFA-Related Appeals
  • Chapter 11 – CAFA Settlement Provisions

Be sure to click the link on the title of the book, above, for information about how to get your copy.  If you don’t have it, chances are that your opponent will!

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For those readers who may be dissatisfied with my somewhat uneven coverage of all things class action lately, here’s a reminder about a great source for the latest in class action news and trends: the ABA’s Class Actions and Derivative Suits (CADS) Committee Group Page on LinkedIn.  CADS membership is free to all ABA Section of Litigation members.  Participation in the LinkedIn group is a benefit to all CADS members.  For more information on how to join CADS, click here.  For the LinkedIn Group, click here

Some highlights of the content available on the LinkedIn page:

  • A summary of the recent oral argument before the United States Supreme Court in Standard Fire Insurance Co. v. Knowles
  • Coverage of a recent 7th Circuit decision discussing whether misconduct by putative class counsel requires denial of class certification.
  • Links to articles authored by members in other publications or blogs.
  • Announcements about upcoming CADS events.

And much more…

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The new ABA CADS Fall Newsletter is out, and it contains a variety of excellent articles all falling under the common theme “Class Actions 3.0: What’s Next for Class Actions?”  I’m proud to say that the Class Actions 101 piece this issue is an article coauthored by my partner, Casie Collignon, and me entitled A New “Viral” Class Action?  The article introduces the concept of “viral” or “virtual” class actions, where litigants use social media to build support for and to aggregate individual claims, as an alternative to using the class action procedural device.  It’s a novel idea made possible by 21st Century technology, but will it last?  You’ll have to read the article to find out.

Be sure to check out the quarterly CADS Newsletter for other excellent articles on cutting-edge class action issues.  The Newsletter is one of the many benefits of CADS (Class Actions and Derivative Suits) membership.  If you aren’t a member of the CADS Committee, please consider joining.  Membership is free to all ABA Section of Litigation members.

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