Class Action Litigation Strategies 2010

Overview

Why You Should Attend

Class action lawsuits remain one of the focal points of high stakes litigation, yet the standards applicable to class actions are rapidly changing.  How has the current economic crisis affected the class action landscape?   What has been the impact of the Class Action Fairness Act (CAFA)?  How have courts addressed the issue of class action waivers?  How can you structure settlements that are beneficial to your clients?  This year’s program will answer these questions and many more.

Our outstanding faculty of plaintiffs’ and defense attorneys, mediators 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 pragmatic tips on litigation and settlement strategies designed to improve your skills and your chances for success in the courtroom.

What You Will Learn

• Open issues under the Class Action Fairness Act (CAFA)
• How to strategically litigate the class certification motion
• The most effective strategies to use in mediation
• Evolving pleading requirements and their effect on class actions
• Senior litigators’ perspectives on class actions
• Best litigation practices

One hour of ethics credit:

• Ethical issues in class action litigation

Who Should Attend

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

Special Features

• Professors Georgene M. Vairo of Loyola Law School and Arthur W. Miller of NYU discuss “The Future of Class Actions.”

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 receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this 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

Morning Session:  9:00 a.m. - 12:30 p.m.

9:00  Opening Remarks and Introduction

Jayne A.  Goldstein, Howard S. Suskin

9:15  Recent Developments in Class Action Litigation: From CAFA to Arbitration Waivers

• Class Action Fairness Act (CAFA):  five years later
• Waivers and arbitration
• Key cases and trends
• Implications for removal, choice of forum, class certification, use of experts, and strategies for summary judgment motions

Moderator:  Howard S. Suskin
Panelists:  Joel S. Feldman, Professor Georgene Vairo

10:15  The Role of Insurers in Class Action Defense

• Secret or shadow client/defendant?    
• The duties insureds and defense counsel owe to insurers
• How to minimize disharmony between insureds and insurers in defending class actions
• How can plaintiffs’ counsel communicate effectively to insurers?
• How do the availability and amount of insurance coverage impact class actions?
• When are fees incurred by an insured’s Special Litigation Committee (SLC) covered under a D&O insurance policy, if at all?

Moderator:  Howard S. Suskin
Panelists:  Anjali C. Das, Scott Meyer, Marjorie J. Thompson

11:15  Networking Break

11:30  A Guide to Successful Mediation

• Picking the mediator
• Things not to do 
• Mock mediation
• Mediation statement - what to include
• Who should attend the mediation
• Best preparation for a successful mediation

Moderator:  Jayne A. Goldstein
Panelists:  Keith M. Fleischman, Gregory A. Markel, Gary V. McGowan, James E. Miller

12:30  Lunch

Afternoon Session 1:45 p.m. - 5:00 p.m.

1:45  Master Class in Class Action Litigation

• Senior lions of the bar give advice on best practices
• How have things changed in class action practice?
• Plantiffs bar and defense bar:  friends, foes or both?
• My biggest mistake and what it taught me

Moderators:  Jayne A. Goldstein, Howard S. Suskin
Panelists:  John H. Beisner, Max W. Berger, Marvin A. Miller, Jerold S. Solovy

2:45  What is the Future of Class Actions?      

• Where are class actions headed?
• What do two of the nation’s foremost class action scholars think?
• Current class actions developments

Panelists:  Professor Arthur R. Miller, Professor Georgene M. Vairo

3:45  Networking Break

4:00  Ethics and the Class Action Lawsuit      

• Who is the client? 
• What is the role of the class representative?
• Dealing with contacts with represented persons 
• Waiver of privilege and the inadvertent fax 
• Conflicts in class representation

Moderator:  Jayne A. Goldstein
Panelist:  Lawrence J. Fox

5:00  Adjourn

Faculty

Co-Chair(s)

Jayne A. Goldstein, Shepherd, Finkelman, Miller & Shah LLP
Howard S. Suskin, Jenner & Block LLP

Speaker(s)

John H. Beisner, Skadden, Arps, Slate, Meagher & Flom LLP
Max W. Berger, Bernstein Litowitz Berger & Grossmann
Anjali C. Das, Wilson Elser Moskowitz Edelman & Dicker LLP
Joel S. Feldman, Sidley Austin LLP
Keith M. Fleischman, Grant & Eisenhofer P.A.
Lawrence J. Fox, Drinker Biddle & Reath LLP
Gregory A. Markel, Cadwalader, Wickersham & Taft LLP
Gary V. McGowan, McGowan Dispute Resolution
Scott A. Meyer, Executive Vice President, ACE USA
Arthur R. Miller, University Professor, New York University School of Law
James E. Miller, Shepherd Finkelman Miller & Shah, LLP
Marvin A. Miller, Miller Law LLC
Jerold S. Solovy, Jenner & Block LLP
Marjorie J. Thompson, Vice President, Professional Lines Claims, Allied World National Assurance Company
Georgene M. Vairo, Professor of Law and William M. Rains Fellow, Loyola Law School

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

Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.
 
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