Class Action Litigation 2009: Prosecution and Defense Strategies

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

Class action lawsuits persist as the focal point of high stakes litigation, yet the applicable standards are rapidly changing. How has the current economic crisis affected the class action landscape? What are the most effective strategies to use in mediation? What is the future of the class action lawsuit? What arguments will maximize your ability to obtain or defeat class certification? How can you increase your chances for a successful settlement or verdict? This year’s program will answer these questions and many more.

Our outstanding faculty of federal court judges, plaintiffs’ and defense attorneys, and noted law professors will bring you up-to-date on important developments in class action litigation. You and your clients will benefit from this program whether your practice focuses on employment law, products liability, toxic tort, securities, consumer fraud, or civil rights. The course also includes practical tips on settlement and litigation strategies designed to improve your skills and your chances for success in the courtroom.

What You Will Learn

• The important role of mediation in class actions
• How to strategically litigate the class certification motion
• Considerations and strategies on settlement
• Judicial perspectives on class actions
• Best litigation practices
• Ethical issues in class action litigation: a roundtable discussion

Who Should Attend

This program will benefit experienced outside attorneys who are defending or prosecuting class actions, as well as in-house counsel who want to gain a competitive edge in this fast-moving field.

Special Features

Live Webcast - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount.  For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.

Day One: 9:00 a.m. - 5:00 p.m

Morning Session: 9:00 a.m. - 12:00 p.m.

9:00  Opening Remarks and Introduction

Joel S. Feldman, Keith M. Fleischman

9:15  Current Class Action Explosions: Economic Meltdown, ERISA and Products Liability Class Actions

• Current class action growth areas
• The myriad class actions stemming from the economic meltdown
• The rising tide of ERISA class actions
• Products liability: consumer fraud involving dangerous, defective, non-functioning, or overpriced goods

Brad N. Friedman, Eric S. Mattson, Jonathan D. Selbin

10:45  Networking Break

11:00  Class Certification: Arguments and Strategies

• Maximize your ability to obtain or defeat class certification
• Update on recurring class certification issues
• Current developments on examination of merits and burden of proof (Bombadier, In re Hydrogen Peroxide)
• Commentary and recent activity in the appellate court
• Increasing emphasis on class definition

Joel S. Feldman, Kenneth J. Vianale

12:00 Lunch

Afternoon Session: 1:15 p.m. - 5:00 p.m.

1:15  Mediation and Settlement Strategies

• Two of the nation’s top class action mediators offer tips
• Role of large institutions, lead plaintiff opt-outs, and mega-settlements
• How the Class Action Fairness Act impacts settlements
• Legal and practical considerations for successful settlements
• The insurer’s role in settlements

Keith M. Fleischman, John F. McCarrick, Hon. Nicholas H. Politan, Hon. Daniel H. Weinstein

2:30  Professor Coffee and Professor Miller: The Future of Class Actions

• Where are class actions headed?
• What do two of the nation’s foremost class actions scholars think?
• Impact of In re IPO and In re Hydrogen Peroxide
• Current class actions developments

Professor John C. Coffee, Professor Arthur R. Miller

3:45  Networking Break

4:00  Judicial Perspectives on Class Actions

• The “View from the Bench” on current class actions issues
•  How appellate courts review class action settlements

Hon. Suzanne B. Conlon, Hon. David W. McKeaugue

5:00  Adjourn

Day Two: 9:00 a.m. - 12:30 p.m.

9:00  Class Action Fairness Act (CAFA) Update: Four Years Later

• The impact of four years of precedent on litigating class actions
• What does CAFA say about which party bears the burden of proving federal court jurisdiction?
• What does CAFA say about the evidence necessary to establish federal jurisdiction?
• The impact of CAFA on coupon settlements and attorneys’ fee requests

Stephen G. Grygiel, Julia B. Strickland

10:15  Roundtable Discussion on Ethical Issues in Class Action Litigation

• Attorneys’ fees, coupon settlements, and settlements resulting in a net loss to class members
• Communication with person represented by counsel
• Disclosure to the court about the representative plaintiff
• Conflicts of interest in the class

Muriel Goode-Trufant, Keith M. Fleischman, Professor Bruce A. Green, Stephen H. Kupperman, Julia B. Strickland

11:15  Networking Break

11:30  Litigation Strategies

• Role of a preliminary investigation
• Insights into what works and what doesn’t with judges and juries
• Strategies for reaching a successful settlement and prevailing at trial

Joshua R. Hochberg, Stephen H. Kupperman

12:30  Adjourn

Faculty

Co-Chair(s)

Joel S. Feldman, Sidley Austin LLP
Keith M. Fleischman, Grant & Eisenhofer P.A.

Speaker(s)

John C. Coffee, Jr., Adolf A. Berle Professor of Law, Columbia University Law School
Hon. Suzanne B Conlon, Judge, Eastern Division, U.S. District Court, Northern District of Illinois
Brad N. Friedman, Milberg LLP
Muriel Goode-Trufant, Equal Employment Opportunity Officer and Chief, Special Federal Litigation Division, New York City Law Department
Bruce A. Green, Louis Stein Professor and Director, Louis Stein Center for Law and Ethics, Fordham Law School
Stephen G. Grygiel, Grant & Eisenhofer P.A.
Joshua Hochberg, McKenna Long & Aldridge LLP
Stephen H. Kupperman, Barrasso Usdin Kupperman Freeman & Sarver LLC
Eric S. Mattson, Sidley Austin LLP
John F. McCarrick, Edwards Angell Palmer & Dodge LLP
Hon. David W. McKeague, U.S. Court of Appeals for the Sixth Circuit
Arthur R. Miller, University Professor, New York University School of Law
Hon. Nicholas H. Politan, Retired Judge, United States District Court, District of New Jersey
Jonathan D. Selbin, Lieff Cabraser Heimann & Bernstein, LLP
Julia B. Strickland, Stroock & Stroock & Lavan LLP
Kenneth J. Vianale, Vianale & Vianale LLP
Hon. Daniel H. Weinstein (Ret.), JAMS

Program Attorney(s)

Laurie Gilbertson, Practising Law Institute

CLE Credit

Travel Information

New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com.