Next week, I’ll be presenting in webinars addressing two trendy topics in class actions.

Next Tuesday, January 23, at 1:00 PM EST, Brian Troyer of Thompson Hine in Cleveland and I will be reprising a Stafford Publications webinar titled Statistics in Class Certification and at Trial: Leveraging and Attacking Statistical Evidence.  For more information and to register, please visit this link to the Strafford Publications website.

The next day, Wednesday January 24, at 1:00 PM EST, my partners Melissa Seibert, Melinda McLellan and I will be presenting a BakerHostetler client Webinar titled Emerging Biometric Data Privacy Risks.  Among other things, that webinar will address trends in consumer and employment class actions involving unauthorized use or disclosure of biometric information.  For more information and to register, please visit this link to the BakerHostetler website.



Happy 2018 to all!  I recently authored a blog post for BakerHostetler’s Class Action Lawsuit Defense Blog summarizing my top 10 class-action related developments of 2017.  For that article and other great class-action related content, please visit the Baker blog at the link below:


Tomorrow, July 13, 2017 at 1:00 p.m. EDT, I’ll be presenting on a panel of attorneys and experts discussing the use of surveys and statistics in class actions.  The presentation is part of the ABA’s Committee Roundtable series and is sponsored by the Class Actions and Derivative Suits Committee.  Committee Roundtable events are free to ABA Section of Litigation members.  Click here to register.  See below for a copy of the program description:


Roundtable on Surveys and Statistics in Class Certification

Presented by:

Class Actions and Derivative Suits Committee

Co-Sponsored by:
Securities Litigation Committee

Thursday, July 13, 2017 – 10:00 – 11:00 AM PST

Join this Roundtable to hear leading Plaintiff’s counsel, Defense counsel and experts discuss the following topics concerning the use of Surveys and Statistics in Class Certification:

  1. General primer on the different types of statistics and common terminology
  2. Summary of case law use of statistics in arguing for and against class certification
  3. Types of statistics commonly used in class actions
    • Regression analysis
      • Example of case where used – antitrust case alleging a conspiracy to increase prices
      • Explain how regression could be used to estimate impact
      • Macro-commonality (Are regression estimates of impact consistent across broad groups within the proposed class?)
      • Micro-commonality (How do the prices paid by individual members of proposed class compare to the estimated impact)
    • Surveys
      • Example of case where used – food labeling cases
      • Surveys (with conjoint analysis) combined with regression (or other econometric techniques) often used to attempt to isolate the price premium that resulted from the misleading aspect of the labeling
  4. Preparing and cross-examining experts on opinions involving statistics

Presented by:
Brendan P. Glackin (Lieff Cabraser Heimann & Bernstein, LLP)
D. Lee Heavner (Analysis Group, Inc.)
Paul Karlsgodt (Baker & Hostetler LLP)
Olivier Toubia (Columbia Business School)

Introduction by:
Tonna Farrar (Bonnett, Fairbourn, Friedman & Balint, PC)

I’m pleased to announce that I’ll be chairing the Fourth Annual ABA Regional CLE Program on Class Actions and Mass Torts, to be held on June 16, 2017 at the offices of the Bar Association of San Francisco.  This year’s program features four presentations on hot topics in class action and mass tort litigation from an expert group of practitioners, academics, in-house counsel, and judges.  See below for summaries of the four presentations, and click the link below to see the full brochure and to register.  Hope to see you there!


Discovery Following the 2015 Federal Rules Amendments: What Does Proportionality Mean in the Class Action and Mass Tort Contexts?

It’s been about a year and a half since the amended Federal Rules of Civil Procedure went into effect, including amendments relating to proportionality governing both the scope discovery under Rule 26(b)(1) and preservation of potentially relevant ESI. But have the new rules changed the discovery available and relative obligations in class actions, mass torts, and other complex matters? This panel will review the purposes underlying the 2015 Amendments and how the law has been developing so far, and it will offer insights into best practices in expanding or limiting discovery in the class action and mass tort contexts.

Killer Class Actions or Endangered Species?

The United States Supreme Court has in recent years addressed an unprecedented number of issues related to class actions, ranging from “no injury” class actions to “trial by formula.” The panel of experienced class action practitioners will discuss the changing class action landscape and the potential lasting impact.

The Use of Expert Evidence in Class Actions: Effective Strategies and Pitfalls

The importance of expert testimony in class actions continues to increase, for example in connection with measuring class wide effects and satisfying class certification gate-keeping threshold questions. Topics to be discussed include 1) use of surveys in consumer class actions, when they are effective and how they can influence a case; 2) what can be learned from rare successful challenges about the utility of Daubert challenges in class action cases; 3) the challenges associated with the increasing technical requirements for class certification and implications of the importance of expert evidence on cases; 4) lessons learned and experience working with experts in class action matters.

Big Brother, Information Privacy, and Class Actions: How Big Data and Social Media are Changing the Class Action Landscape

Almost everyone has a smart phone these days, even your grandparents have social media accounts, and the amount of personal information that is generated about the average consumer on a daily basis is astronomical and growing exponentially. This panel will explore ways in which the emergence of big data and social media are impacting consumer class actions. Topics to be discussed include 1) consumer class actions that may arise from companies’ collection, use, or transfer of large amounts of consumer data; 2) changing attitudes on privacy of consumer data in the age of social media; and 3) the benefits and pitfalls of using social media and internet advertising in class action notice programs.

I recently authored an article for the ABA Class Actions and Derivative Suits Committee’s quarterly newsletter discussing the features and potential implications of the proposed Fairness in Class Action Litigation Act of 2017, which was passed by the US House of Representatives earlier this year.  To access the article, click the link below.  You need to be a member of the ABA CADS committee to access the content, but membership is free for existing ABA Section of Litigation members.  To join, click here.


My firm, BakerHostetler, has recently released two excellent resources for those interested in recent trends in the areas of class actions and data privacy (including, of course, recent trends in data privacy class actions!).

The 2016 Class Action Year-End Review summarizes trends in class action procedure generally and recent developments in a variety of different subject matter areas.

The  2017 Data Security Incident Response Report “highlights the critical need for senior executives in all industries to understand and be ready to tackle the legal and business risks associated with cyberthreats and to have enterprisewide tactics in place to address intrusions before they happen.”  See Full Explanatory Article Here.  In addition to other useful content, the report includes statistic on trends in class actions arising out of large data breach incidents.

Be sure to check both of them out.



I will be speaking on a webinar panel with plaintiffs’ attorneys Keith J. Keogh and John G. Watts tomorrow discussing the latest trends in TCPA class action litigation.  This is a reprise of a program we have done several times over the past few years, but we’ll be covering quite a few new developments this time around, including recent decisions on ascertainability, consent, mootness, standing, and the definition of an ATDS under the statute, as well as current and potential future FCC developments that may impact TCPA litigation in the future.

Click here to visit the Strafford website for more information and to register.