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Posts Tagged ‘cle’

I’ll be on the faculty of an upcoming Strafford CLE webinar entitled Statistics in Class Certification and at Trial: Leveraging and Attacking Statistical Evidence in Class Actions to be held next Tuesday, May 12, 2015, at 1:00 p.m. EDT.  This is a reprise of a program that I have done several times with Thompson Hine Partner Brian Troyer, and we’re pleased to be joined this time around by Edward J. Wynne of the Wynne Law Firm.

Click on this link to register and take advantage of a special 50% discount to the program.

 

 

 

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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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My partner, Casie Collignon, recently attended CLE International’s conference Class Actions: Plaintiff and Defense Perspectives in Chicago earlier this month, and she graciously agreed to share a summary of her notes.  Here they are for anyone who was unable to attend.  I’ll be attending the ABA’s 16th National Institute on Class Actions next week, so stay tuned for my notes from that conference as well.

On October 4th and 5th, esteemed panels of class action plaintiff and defense lawyers, along with multiple reputable class action administrators, gathered for panel discussions involving class action trends across the country from all perspectives. Below are just a few of the highlights from the conference:

  • Class Actions are not dead after DukesDukes may not have had the one-sided effect that everyone anticipated. Program Co-Director Francis Citera of Greenberg Traurig noted that class certification decisions after Dukes have been, despite popular opinion, very balanced.  In the federal courts since Dukes, there have been 32 cases certified, 33 denials of class certification, and 15 cases where certification was denied in part and granted in part.
  • Manageability remains key to certification – Even though the Dukes, Concepcion, and Comcast trends are on the tips of all class action practitioners’ tongues, manageability is still a top concern from all perspectives.  The Honorable William J.  Bauer of the Seventh Circuit opined about the importance of being able to be able to show the Court what a class action trial will actually look like.  This sentiment was echoed by plaintiff’s class action lawyer Kenneth Wexler of Wexler Wallace, who suggested that all plaintiffs’ class certification motions should be accompanied by an actual trial plan.  Defense attorney Sascha Henry of Sheppard Mullin Richter & Hampton opined  that the defense practitioner can take advantage of both the existence of a plaintiff’s trial plan or the lack of a trial plan in the manageability context.  For example, if there is no trial plan at all, the defendant can argue that the plaintiffs   have not alleged a practical way to manage the case and therefore have not met their burden of proving the manageability requirement.  Alternatively, if a plan is submitted, then the defendant has a precise manageability roadmap to attack. 
  • New settlement notice program trends – While traditional mailers and post card notices still reign supreme for claim rates, Patrick Izie of Class Action Services discussed some new media trends in class action settlements.  He opined that new media, such as QR codes, mobile device notifications, and coupon websites can have a dramatic impact on your claims rates without increased costs. And, even though the parties may not have intended their class settlements to appear on websites such as duckydeals.com, once these types of sites start listing your class action settlements, you can expect claims rates to spike.
  • Class Certification may never truly be over –   Attorney for the plaintiff in McReynolds v. Merrill Lynch, Linda Friedman of Stowell & Friedman, and class action defense lawyer Andrew Trask of McGuireWoods, both agreed that an important lesson to be learned from both the Merrill Lynch case and the recent denial of the motion to dismiss in the smaller Walmart case which is back pending in the Northern District of California, is that no ruling in the class certification context is ever truly permanent. Thus, the class action community should be on the lookout for second and even third bites at the apple with smaller proposed classes and arguments for issue class certification.

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For anyone who was interested in my recent “save the date” post about the upcoming webcast, Social Media for Lawyers: Do’s, Don’ts, Why Nots, and You Probably Shouldn’ts, click the title for a link to the West Publications web page for the program, where you can get more information and sign up.  We hope you can make it!

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I’m not sure that WordPress site statististics would be admissible in a class action as proof of readers’ interest, but the recent CAB site stats do appear to show some level of interest in the topic of statistics in class actions. 

So, readers may be interested in an upcoming Strafford Publications webinar in which I will be participating on May 23, 2012, entitled Statistics in Class Action Litigation: Admissibility, Expert Witnesses and Impact of Wal-Mart v. Dukes.  For those of you who think that title sounds familiar, this is an update of a Strafford webinar held last year shortly after the Dukes decision was announced.  Find out if our predictions then were at all close to the mark. 

Here’s a link to the Strafford page for the webinar, where you can get more information and register:

http://www.straffordpub.com/products/statistics-in-class-action-litigation-admissibility-expert-witnesses-and-impact-of-wal-mart-v-dukes-2012-05-23

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Whether the subject matter focus of your practice is consumer fraud, employment, insurance, environmental, securities, or antitrust, civil rights or something else altogether, it’s hard to be an effective class action lawyer unless you have a basic understanding of regulatory issues and practice. 

So, while it’s not directly class action-related, may I recommend an upcoming CLE program that might be of great benefit.  The program, titled Regulatory Advocacy: Your Role in Devising and Affecting a Positive Outcome for Your Clients in the Different Regulatory Spheres is sponsored by Colorado Bar Association CLE and the Colorado Bar Association Business Law Section, and is co-chaired by two of my Baker Hostetler colleagues, Rico Munn and Rick Levin.  Rico is the former Executive Director of the Colorado Department of Regulatory Agencies, and Rick is a former in-house lawyer with significant experience in the areas of corporate compliance, financial services, and electronic trading platforms.  The program is scheduled for April 6, 2012, and you can attend either in person or by live webcast.  The esteemed panel of faculty includes top academics, regulatory officials, attorneys, and business leaders.

Here is a link to the Colorado Bar Association CLE website page for the program, where you can get more information and register.

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It’s not too late to sign up for tomorrow’s Strafford Publications Webinar Class Certification After Dukes, Bayer and Halliburton Rulings.   As a preview, here is a copy of the written materials for my portion of the presentation, Opposing Class Certification After Dukes, Bayer and Halliburton.  I hope you can make it.

 

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In case you’re interested, I’m posting this link to my presentation materials for tomorrow’s CLE, Wal-Mart Stores, Inc. v. Dukes: Reshaping Class Certification. at the Colorado Bar Association.  The materials may be a bit cryptic without the oral part of the presentation, but all the more reason to attend the program!  If you are a Denver-area lawyer, I hope to see you there.  If not, it’s also available as a webcast.

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Along with leading Colorado Employment attorney Todd J. McNamara, I’ll be presenting at a breakfast seminar at the CBA-CLE next Tuesday with the (hopefully) self-explanatory title: Wal-Mart v. Dukes: Reshaping Class Certification.   The particulars follow below.  Hope to see you there!

When:

July 12, 2011 8:30 AM – 9:30 AM

Where:

CLECI Large Classroom
1900 Grant Street, Suite 300
Denver CO 80203
(303) 860-0608

Credits:

General credits: 1.00

Prices

CBA Member $59.00
CBA Labor & Employment Section Member $29.00
CBA Litigation Section Member $29.00
Non Member $69.00
 
July 2011
 
Wal-Mart v. Dukes: Reshaping Class CertificationLIVE IN DENVER
 
 
Program Description:
 
When it issued its decision in Wal-Mart Stores, Inc. v. Dukes, the Supreme Court did much more than simply end one of the largest class action suits in American history. It also set a host of new ground rules for federal courts to evaluate class certification, both in employment discrimination cases and in other types of class actions. This program will discuss the significant potential impacts of this landmark decision on a host of issues, including 1) evaluation of merits issues at the class certification stage; 2) the potentially broadened scope of the commonality element of FRCP 23(a); 3) the standards for evaluating expert testimony at the class certification stage; 4) the threshold standard needed to establish “common proof” of an employment or other business practice; 5) the use of statistical evidence in support of class certification; and 6) the standards for adjudicating claims for monetary relief under FRCP 23(b)(2). The program will examine what the Court had to say about these and other topics, and it will also explore the questions that remain unanswered following the decision.
 
Presented by Paul G. Karlsgodt, Esq. and Todd J. McNamara, Esq.
 
Agenda:
8:00 am – 8:30 am Registration
8:30 am – 9:30 am Program (Continental Breakfast Provided)
 
 
Faculty:
 
Paul G. Karlsgodt, Esq.
Baker Hostetler
 
Paul Karlsgodt is a litigation partner whose practice emphasizes class action defense and other complex commercial litigation. Mr. Karlsgodt has represented insurance companies and other FORTUNE 500 companies in numerous nationwide and statewide consumer class action lawsuits and related litigation. He has represented clients in class action lawsuits involving sales and marketing practices, insurance coverage, claims adjustment practices, corporate securities, retailer/dealer disputes, employment and taxation.
 
Mr. Karlsgodt is editor and primary contributor to the legal blog, http://www.ClassActionBlawg.com, which covers a variety of class action-related issues, including decisions, trends, best practices, news and reform, both in the U.S. and throughout the world. He also founded and served as the first Chair of the Class Actions, Derivative Suits and Mass Torts Subsection of the Litigation Section of the Colorado Bar Association. He remains an active member of the Subsection.
 
 
Todd J. McNamara, Esq.
McNamara Roseman & Kazmierski LLP
 
 
Todd McNamara opened his own firm in 1995 and limits his practice exclusively to employment law matters. Mr. McNamara was lead private class counsel in Wilkerson, et al., v. Martin-Marietta, the largest age discrimination claim brought within the State of Colorado, which settled for a reported $7.6 million. Mr. McNamara secured the first race discrimination verdict in the United States against a real estate franchise for failure to award a sales agency to an African-American in Tyler v. ReMax. Most recently, Mr. McNamara, together with class cocounsel, settled a $3.85 million disability discrimination case against the United States Postal Services.
 
Todd has previously served as co-chair of the Colorado Bar Association Labor Law Committee, and is a member of the National Employment Lawyers Association. He serves as an arbitrator and mediator for the American Arbitration Association Employment Panel. He is co-editor of FederalEmployment Jury Instructions and has just recently completed a seventh supplement to that publication, which is used throughout the United States by both lawyers and judges. He is a co-chapter editor with the Practitioners Guide to Colorado Employment Law and has published a number of other articles on employment law issues in both Trial Talk and The Colorado Lawyer. Todd is a Fellow of The College of Labor and Employment Lawyers, one of approximately only 20 in Colorado.

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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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