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Posts Tagged ‘class action CLE’

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!

CLICK HERE TO REGISTER

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.

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I’m pleased to announce that I’ll be chairing the ABA’s 2nd Annual Western Regional CLE Program on Class Actions and Mass Torts.  The event is co-sponsored by the Section of Litigation’s Class Actions and Derivative Suits, Mass Torts, and Securities Litigation Committees, as well as the San Francisco Bar Association, which will host the event.  It will be held the afternoon of Friday, June 19, 2015, in San Francisco, California.

The program will begin with lunch at noon and will end at 5:20, followed by a sponsored cocktail reception.  The location is 301 Battery Street, Third Floor, San Francisco, California 94111.

Our esteemed faculty of judges, academics, and practitioners from both sides of the bar will present four panel presentations on timely class-action-related topics, including:

  1. Class action ethics
  2. Proposed amendments to Rule 23
  3. Food labeling class actions
  4. The use of expert witnesses in securities class actions after the Supreme Court’s Halliburton decision

Online registration is now open!  Please click this link to register and for more information.

I hope to see you there.

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If you’re in the need for CLE credits, or simply just want to keep up on some of the hottest topics in class action litigation, here’s an upcoming program that you should consider.  Although the program ostensibly covers antitrust class actions, many of the concepts will be applicable to consumer and securities class actions as well.  Thanks to Elizabeth Roche of the Analysis Group for sending me a tip about this intriguing upcoming program:

Proving Common Impact in Antitrust Class Actions: Current Legal and Economic Thinking
May 12, 2010
8:00 AM – 9:30 AM (CST)
Gleacher Center, 450 North Cityfront Plaza Drive, Chicago, Illinois

Description:
 With issues raised by the Hydrogen Peroxide Litigation far from settled and the recent affirmation of class in Wal-Mart en banc, economic guidance in addressing proof of common impact is essential. Our panelists will review the legal landscape defined by these landmark cases and offer a systematic way of approaching common methods of proof, including:

  • The legal challenges of class certification in light of the recent affirmation of class in Dukes v.Wal-Mart and In re Hydrogen Peroxide Antitrust Litigation, with an update on the 9th and 3rd circuits
  • Assessment of merits and whether economic damages can be assessed at the class level
  • A systematic approach to testing whether regression analysis offers a common method of proof to assist the courts in assessing class certification

Panelists:
Edward A. Snyder, Ph.D., Dean and George Shultz Professor of Economics, University of Chicago Booth School of Business
John W. Treece
, Esq., Partner, Sidley Austin LLP
Pierre Y. Cremieux, Ph.D., Managing Principal, Analysis Group
Andrew Wong, Ph.D., Managing Principal, Analysis Group (moderator)

REGISTER: http://www.analysisgroup.com/common_impact_seminar.aspx

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John B. Isbister, founder and chair of the ABA’s annual National Institute on Class Actions, graciously agreed to offer his insights into this year’s programs, the history of the event, and trends in class action litigation generally.  This year’s two programs are being offered in San Fransisco on October 30, 2009 and Washington, D.C. on November 20, 2009.  My Q & A with John follows.  Be sure to check out the links for sample audio clips from last year’s program.

What excites you most about this year’s Institute? 

There are a lot of changes in class action practice right now.  Hot issues include many of the issues that we are examining at the National Institute.  For example, the litigation about arbitration clauses with class action waivers and the changing law on class certification standards (the shift from “some showing” to preponderance of the evidence) will both be examined at the National Institute.  All of these changes are court driven; as opposed to many of the changes in the past that were a function of changes to Rule 23 and CAFA.  Court driven changes are things that can be affected by lawyers, so there is the opportunity for good lawyers to have a real  impact on how Courts deal with these issues.  We are very fortunate to have as speakers some of the best lawyers in the country who are dealing with these issues.  My hope is that the National Institute will make all of the people who attend better able to serve their clients and better handle these cutting edge issues.

Why the decision to split the Institute into two separate programs this year?

This is “customer driven.”  We wanted to do a program in California–an area that has a lot of class litigation.   However, we recognized that in today’s economy a California program probably would not attract many lawyers from the East Coast.  So we decided to do both an East Coast and a West Coast program to satisfy both markets.

Which one should I attend, the one in D.C. or the one in San Francisco? 

Both cover substantially the same material and both have a great faculty.  The difference is that the San Francisco National Institute has a program on California class actions.  If an attorney does a lot of California class actions, the San Francisco program will have a special attraction. For those who want a taste of what the Institute is like, we’ve recently posted audio from the rigorous analysis standard and consumer fraud class actions in federal court sessions at last year’s conference.

What do you see as the emerging trends in class action law?  

An increase in the difficulty in getting a class certified–primarily driven by the shift from “some showing” standard to the preponderance of the evidence burden of proof  standard.  I think this moves the discovery and litigation of a number of issues to the front of a case that at earlier times would have only been contested at trial.  This sets the stage for a battle of experts at the class certification stage, which is also something we’re covering online this month.  It also enables defendants, who traditionally are reluctant to go to trial in a class action to litigate these issues at a preliminary stage.  

How about trends in class action filings? 

While I think it is harder to get a class certified, I do not think this has slowed filings of class cases.  Class action plaintiffs’ lawyers continue to be creative in using this procedural device to look for ways to economically litigate large numbers of claims that probably could not be litigated on their own. The sub-prime/financial crisis sparked a record number of new class action filings.

This is the 13th year for the Institute.  Why do you think this program has been so successful for so long? 

We have consistently identified and addressed current issues in the area of class litigation.  We have also consistently attracted the best lawyers, academics and Judges to be on our facility.  This year we are again privileged to have Professor John C. Coffee open the program. Professor Coffee is one of the most quoted sources in the news on topics related to securities litigation, the financial crisis and class actions in those areas.  His presentation is an overview on developments in class litigation always gets  rave reviews and sets the stage for the rest of the day.  This year Professor Arthur Miller–the guy who wrote the book on civil procedure–will moderate a discussion with  three experienced federal Judges on current issues in class litigation.   John Beisner and Elizabeth Cabraser–two of the most respected defense and plaintiffs’ lawyers respectively will be together discussing changing class certification standards–you can’t get better speakers than those two.  Finally, this program is a great bargain. Attendees get a full day’s worth of CLE credit (including some ethics credit), they get to have lunch and network with other class action practitioners, and they get a great book of written material.  We  also have some nice discounts for members of the American Bar Association, and  particularly  members of the ABA Section of Litigation.

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The ABA’s 13th Annual National Institute on Class Actions, the gold standard in class action CLE conferences, is coming up this fall.  This year’s format is a little different.  They will be holding two sessions, one on each coast.  The dates and locations are:

Friday, October 30, 2009
San Francisco, CA
8:00 AM – 5:00 PM PT

Friday, November 20, 2009
Washington, DC
8:00 AM – 5:00 PM ET   
       
According to program founder and chair, John Isbister:

Each session will begin with the popular presentation by Professor John C. Coffee on new developments in class action litigation.  Also, on the agenda are programs that examine issues concerning arbitration and class action waivers, recent developments in the standards for certifying a class, and advice for both plaintiffs and defense counsel on settling class actions.  The session in San Francisco will include a program on the class action landscape in California courts, while the Washington, DC session will feature a roundtable discussion on current issues in class actions with three federal judges moderated by Professor Arthur R. Miller.

It sounds like you can’t go wrong with either option, so start making your reservations now.  A full description of the programs and the speakers is in the program brochure, which is also available on the web registration site:  http://www.abanet.org/cle/programs/n09cac1.html

I’ll have some comments on each of the topics and sessions over the coming weeks.  Stay tuned…

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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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I got an email the other day about LSI’s 5th Annual Litigating Class Actions conference.  I’ve been to this seminar in the past and thought it was very well done.  I can’t make it this year, but for anyone interested I thought I’d pass along the details:

Litigating Class Actions – 5th Annual Conference
May 7 & 8, 2009
Seattle, WA (Renaissance Seattle Hotel)

Class actions dominate the litigation landscape and our Fifth Annual Conference on Litigating Class Actions will look at today’s “hot issues”, including consumer class actions from the plaintiff’s and defendant’s perspectives and significant court decisions and trends. Hear how you should assess matters for prefiling; litigating class actions between certifica tion and trial; the use of experts; considerations for labor and employment class actions; trial strategies and approaches; avoiding ethical traps; views from the bench on problematic issues; and more.

Sign up soon. Here is an opportunity for valuable discussion with your peers and our distinguished faculty. Download the complete program agenda or register by clicking here.

Program Chairs: Thomas L. Boeder, Esq. of Perkins Coie LLP and Timothy G. Fielden, Esq. of Microsoft Corporation

Intended Audience
Corporate and trial attorneys, corporate executives and governmental officials responsible for managing class actions litigation

Registration
Register here or call us at (800) 854-8009

Credits Available:

  • WA CLE 12.25 inc 1 ethics
  • CA MCLE 12.5 inc 1 ethics
  • Others available upon request; please call for details
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