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Colorado litigators, I hope you will consider attending our next Class Action Subsection Luncheon scheduled for next Thursday, June 30, 2011 at noon.  The topic is “Statistics in the Courtroom.”  I will be presenting the law, and my co-presenter, Justin Hopson of Hitachi Consulting, will  be presenting the science.  Among other things, we will analyze the Supreme Court’s treatment of statistical evidence in the recent Wal-Mart Stores, Inc. v. Dukes decision.  I hope you can make it.  A program description follows.

CBA – Class Action Sub-Section LUNCHEON

CBA Offices, 1900 Grant Street, 9th Floor,

Executive Conference Room Denver, CO 80203

Thursday, June 30, 2011

Topic: “Statistics in the Courtroom”

 

As the standards of proof for class certification have become more rigorous over the past few years, the use of statistical evidence in class certification proceedings has become a growing trend.  For the practitioner, this means that knowing when and how to use statistics can be the difference between winning and losing a class certification motion. 

 

In Part I of this Program, Paul Karlsgodt of Baker Hostetler will discuss the legal principles involved and case law dealing with the admissibility and use of statistics in the courtroom, especially in class certification proceedings.

 

In Part II, Justin Hopson of Hitachi Consulting will discuss the types of statistics that can be used in the courtroom, what statistics mean, how statistics can and cannot not be used, and tips for cross-examining statistics experts.

 

1 General CLE Credit Applied for.

Registration for the Luncheon begins at 11:30 a.m.
The Luncheon will begin at 12:00 PM.

To RSVP for the Luncheon:
Call 303.860.1115, X727 or SEND AN E-MAIL TO LUNCHES@COBAR.ORG, PLEASE INCLUDE YOUR NAME AND Class Action luncheon in your e-mail.

Please register by Wednesday, June 29, 2011, Noon.

If sending a check please make it out to Colorado Bar Association, Class Action Sub Section, 1900 Grant Street, Suite 900, Denver, CO 80203.  Please also call or e-mail in your reservation when sending a check.
**Cancellations can be made only by calling 303.860.1115, X727 or by e-mail to mailto:lunches@cobar.org.**
Cancellations after Wednesday, June 29, 2011, Noon, will be responsible for payment.

The cost of the luncheon is $15.00 for Litigation Section members, $25.00 for Non-Members. Vegetarian meals must be requested when making reservation. 

Call-in option will be $5, please RSVP to lunches@cobar.org, and indicate that you would like to call-in.  Instructions for the call-in will be sent out before the luncheon. 

 

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I’m excited to announce that the Colorado Bar Association Class Actions subsection is teaming up with the Labor & Employment Law Section to bring you CLE luncheon entitled: A Primer on Employment “Class Action” Litigation: Class Actions, Collective Actions, and EEOC Enforcement.  If you are interested in attending, please send me an email at pkarlsgodt@bakerlaw.com.
 
Date and Time: November 22, 2010 at 12:00 noon
Location: Holland & Hart LLP, 555 17th St, Ste 3200, Denver, CO 80202 
 
Summary:
 
Employment and labor law is one of the hottest areas of class action litigation these days.  But the term “employment class action” is often used to describe cases involving a variety of procedures, of which the Rule 23 is only one.  This program will explore the different mechanisms that may used to resolve mass employment litigation and the differences and interplay between class actions, collective actions, and EEOC enforcement actions.
 
Faculty:
 
Steven Moore is the Managing Shareholder of the Denver office of Ogletree Deakins, one of the nation’s leading labor and employment law firms.  Mr. Moore will discuss the interplay between Rule 23 class actions in employment cases and other collective action procedures, such as the opt-in procedure applicable to cases under the Fair Labor Standards Act (FLSA).
 
Stephanie Struble is a Trial Attorney with the Equal Opportunity Employment Commission (EEOC) in Denver.  Ms. Struble will discuss the role of the EEOC and private litigants in cases involving an alleged pattern or practice of employment discrimination.

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It’s not too late to register for Economic Crisis Litigation Update CLE, to be held at the Colorado Bar Association offices in Denver.  Here are the details. 

 

There are 5 easy ways to register. Download the registration form at

1. FAX the form to the Colorado Bar Association CLE offices at (303) 860-0624

2. MAIL the form to CBA-CLE at 1900 Grant Street, Suite 300, Denver, CO 80203

3. CALL us! (303) 860-0608, or toll-free (888) 860-2531

4. REGISTER ONLINE at:

5. OR REGISTER FOR THE LIVE WEBCAST AT:

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CAN’T ATTEND THE PROGRAM? ORDER YOUR HOMESTUDY ONLINE TODAY!

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We look forward to providing you with the best information and service available,

to meet all of your continuing legal education needs. Please contact us at cle@cobar.org

if you do not wish to receive e-mail correspondence regarding CBA-CLE seminars.

Our mailing address is 1900 Grant Street, Suite 300, Denver, CO 80203

http://www.cobar.org/cle/datadetail.cfm?ProductID=LI072410Dhttp://www.cobar.org/calendar/eventdetail.cfm?EventID=LI072410Whttp://www.cobar.org/cle/photos/eventpdfs/LI072410L.pdf and:http://www.cobar.org/calendar/eventdetail.cfm?EventID=LI072410Lhttp://www.cobar.org/calendar/eventdetail.cfm?EventID=LI072410Lhttp://www.cobar.org/calendar/eventdetail.cfm?EventID=LI072410L Denver, Colorado Springs and Grand Junction

 

ECONOMIC CRISIS LITIGATION UPDATE: Subprime Mortgages, Shareholder Suits, ERISA, Class Actions and More!

Co-sponsored by the Securities Law and Class Actions Subsections of the CBA Litigation Section

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LIVE PROGRAM: July 24, 2009

At the CBA-CLE Classroom, 1900 Grant Street, Suite 300, Denver, CO

LIVE WEBCAST: July 24, 2009

Direct to your desktop!

VIDEO REPLAYS: August 14, 2009

 For additional information on this course or to view the program brochure go to:

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Program Highlights

What You Will Learn:

 – Subprime Securities Litigation: Important Trends and Developments in Securities Litigation and Derivative Suits

– ERISA Class Actions

– Consumer Class Actions and Other Hot Litigation Issues Driven by the Economic Crisis

Who Should Attend:

– Litigators

– Securities Law Attorneys

– Business Law Attorneys

– Industry Professionals

– Anyone Who Needs Up-to-date, Expert Guidance on the Hottest Litigation Issues Spawned by the Economic Downturn! 

Program Description

Litigators! Securities lawyers! Business lawyers! Here is the program you have been waiting for!

Since the economic crisis began gripping our country, there has been much discussion in the media about the litigation that is resulting from the economic downturn. But how do you separate the spin and hyperbole from the real information you and your clients need? What are the issues that are really driving the litigation that is resulting from the stock and real estate market crashes? What are the holdings in recently decided cases such as Stoneridge and In re IPO Securities Litigation and what do these holdings mean for you and your clients. 

Attend this timely, practical program and find out!

The program’s experienced instructors hail from both the plaintiff and defense bars, giving you balanced, valuable insight to guide you in this emerging area of the law. From real world guidance on how to prove (or defend against) causation in securities cases, to ERISA issues that can start (or end) a lawsuit, to the real scoop on the facts that can sustain (or not sustain) a mortgage fraud lawsuit, you will get valuable knowledge, tips, and skills you can put to use right away in your practice.

Whether you are plaintiff’s counsel or defense counsel, you need to be able to evaluate the merits of a case that stems from the fallout from the economic meltdown. Is it a real case, with facts that can prove meritorious or not? Find out from the attorneys who are on the cutting edge in this hot area of law…

Register for this timely, practical program today!

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Agenda

8:30 AM – 9:00 AM

Registration

9:00 AM – 9:05 AM – Welcome and Introduction

Extended by Paul Karlsgodt, Esq., Program Chair

9:05 AM – 10:05 AM – Subprime Securities Litigation

Learn about the trends in securities class actions and derivative suits that arise from subprime investments! Topics include:

– The impact of Stoneridge, In re IPO Securities Litigation, and other developments in securities class actions

– Trends in securities class action verdicts, judgments, and settlements

– Practical considerations in securities litigation given the economic crisis (e.g., the difficulty in proving causation given the general economic downturn)

Presented by Jeffrey W. Lawrence, Esq., Holly Stein Sollod, Esq. and Cliff Stricklin, Esq.

10:10 AM – 10:40 AM – ERISA Class Actions Relating to Subprime Asset Investments by Retirement Plans (Part 1 of 2)

 After Stoneridge, is ERISA litigation overtaking securities litigation as the vehicle of choice for seeking redress of alleged losses caused by subprime investments? Learn the answers to these important questions:

– What makes ERISA litigation a desirable alternative to a securities claim?

– What are the trends in ERISA litigation?

– What do I need to know about the LaRue decision and what is its impact on ERISA litigation so far?

Presented by Dirk W. de Roos, Esq. and Todd J. McNamara, Esq.

10:40 AM – 10:50 AM – Break (10 minutes) 

10:50 AM – 11:20 AM – ERISA Class Actions Relating to Subprime Asset Investments by Retirement Plans (Part 2 of 2)

11:25 AM – 12:25 PM- Developments in Consumer Class Actions and Other Subprime-related Litigation

Is the economic crisis really causing the flood of consumer class action litigation that some predicted? Find out about:

 – Class actions and individual claims under the Truth In Lending Act (TILA)

– Consumer class actions and other claims for mortgage fraud and related litigation

– What is the impact of the poor economy on class action litigation?

Presented by Lila M. Bateman, Esq. and Frances Johnson, Esq.

12:25 PM – Adjourn

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Faculty

Paul Karlsgodt, Esq., Program Chair

Baker & Hostetler, LLP

Denver, CO

 

Lila M. Bateman, Esq.

Morrison & Foerster, LLP

Denver, CO

 

Frances Johnson, Esq.

The Carey Law Firm

Colorado Springs, CO

 

Dirk W. de Roos, Esq.

Faegre & Benson, LLP

Denver, CO

 

Jeffrey W. Lawrence, Esq.

Coughlin Stoia Geller Rudman & Robbins, LLP

San Francisco, CA

 

Todd J. McNamara, Esq.

McNamara, Roseman, Martínez & Kazmierski, LLP

Denver, CO

 

Holly Stein Sollod, Esq.

Holland & Hart, LLP

Denver, CO

 

Cliff Stricklin, Esq.

Holland & Hart, LLP

Denver, CO

 

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CREDITS:

Submitted for 4 General CLE Credits

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TUITION:

– Non-member $199.00

– CBA Member $179.00

– Litigation Section $149.00

– Business Law Section $149.00

– New Lawyer (2 yrs) $129.00

– YLD Member $129

– Legal Support Staff $129.00

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REGISTRATION:

For course details or to register online, go to:

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The Securities and Class Actions subsections of the Colorado Bar Association litigation are co-sponsoring a half-day CLE in connection with CLE Colorado, to be held the morning of July 24 at the CBA offices in Denver.

The seminar will examine trends in litigation arising out of the current economic crisis in three key areas: securities, ERISA, and consumer class actions.  I’ll post more information and a link to registration information as it becomes available.

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If you’re a Colorado attorney who didn’t make it to the quarterly CLE luncheon sponsored by the CBA class actions subsection, you missed out.  Dirk W. de Roos and O. Russel Murray gave excellent presentations on developments in class arbitration.  If you’d still like to hear the entire presentation, you’re in luck.  CLE Colorado recorded the audio of the presentation and will include it among its home-study materials.  We’ll have a link on the class action subsection website as soon as it is available.  In the meantime, here are some of the key points:

  • Class arbitration waivers, contracts requiring arbitration but specifying that arbitration proceed on an individual, not class, basis, have been used in a variety of contracts, including employment, executive compensation, consumer, franchise, and settlement agreements.
  • Outside the consumer context, class arbitration waivers have mostly been upheld.
  • Where class arbitration waivers are invalidated, courts most often do so based on traditional contract principles.
  • Class arbitration waivers are increasingly being struck down in consumer agreements, especially in “shrink-wrap” type agreements where the consumer is agreeing simply by using the product.
  • The key U.S. Supreme Court case recognizing the viability of class arbitration (not waivers) is Green Tree Financial Corp. v. Bazzle, 539 U.S., 444 (2003).
  • Class arbitration rules generally track FRCP 23, the main difference being that the decision maker is a private neutral instead of a judge.
  • Class arbitration rules differ from traditional arbitration because they lack the key element of privacy and confidentiality.

Each of the speakers had insights that I thought were interesting:

Dirk de Roos noted that a split among jurisdictions on the enforceability of class arbitration waivers may impact whether a nationwide class can be certified in court over a particular issue given the need to apply different standards to decide whether the action can proceed in court as a class action in the first place.

Russel Murray commented that class arbitration involves a convergence of two more general, controversial issues: 1) many people have an animosity toward class actions and favor ways to limit their application and effectiveness, but, on the other hand  2) many other people have deep concerns about the use of arbitration provisions in consumer agreements and are opposed to agreements that potentially limit the ability of consumers to enforce their rights.

Finally, here is one other item worthy of note.  Russel Murray noted that the National Arbitration Forum rules allow collective resolution of claims only on an opt-in basis, as opposed to the opt-out scheme contemplated by Rule 23 and most other class arbitration rules.  This means that only those plaintiffs who affirmatively opt in to the class after notice. 

The possibility of class arbitration agreements that involve restrictions on class actions less than a complete waiver of the right to bring the case on a collective basis is intriguing.  Imagine a cell phone company including a standard term in its agreements that every claim is subject to class arbitration but that the action would proceed under the National Arbitration Forum rules.  This provision would not be a class arbitration waiver in the strict sense, but it would involve a significant limitation on the ability of a plaintiff to seek collective redress as compared to a class action in court.   As far as I know, the enforceability of this type of class arbitration “reduction” provision has not been tested in court.

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