This seminar will benefit attorneys seeking to update and enhance their knowledge of class action lawsuits. Experienced attorneys in this field will highlight the most recent procedural developments and demonstrations which focus on case management techniques, litigation strategies and pitfalls that every attorney should keep in mind.
- How to identify claims that may be litigated on behalf of a class
- Strategies for opposing class certification
- Advantages to the public, prospective plaintiffs/class representatives, and plaintiffs' law firm, from class actions
- The risks and advantages to handling class actions
- Plaintiff's and defendant's strategies for class action litigation and trial
- Recent developments in the law regarding class actions
- Ethical considerations for plaintiff and defense lawyers relating to class action litigation
- Settling class action lawsuits
- Advantages of class action procedures at the time of settlement
9:00 a.m. - 9:50 a.m.
I. Class Certification
A. Brief Overview Of Requirements For Class Certification
B. Resisting Class Certification
1. More Detailed Discussion Regarding Each Requirement And How To Oppose Class Certification
C. § 17200 Claims
1. Class Certification Of § 17200 Claims
2. Opposing Class Certification Of
§ 17200 Claims
9:50 a.m. - 10:40 a.m.
II. Recent Developments
A. Amendments To Fed. R. Civ. P., Rule 23
B. Arbitrations Of Class Actions
1. Green Tree Fin. Corp. v. Bazzle, 539 U.S. 444 (2003), Its Progeny, And Its Effect On Current Ninth Circuit Case Law
C. Retroactive Effect Of The Statute Of Limitations Provision In The Sarbanes-Oxley Act Of 2002
D. Legislative Landscape
10:40 a.m. - 10:55 a.m.
10:55 a.m. - 11:45 a.m.
III. Case Management Issues
A. What Is The View Of Society And The Courts Toward Class Actions?
B. Identifying Potential Class Claims
1. Liability By Potential Defendants To A Sufficiently Large Number Of People
2. Liability By A Defendant On 'Common Issues'
3. Problem Area: 'PSLRA': Need Particularized Pleadings Showing Liability But No Discovery Permitted Until Motion To Dismiss Resolved
C. Sufficiently Large Claims For Damages Or Some Public Interest versus The Risks And Costs Of The Suit
D. Obtaining The Client: Which Comes First, A Plaintiff With A Claim Or A Claim And A Search For A Plaintiff?
1. Ethical Considerations
2. What Promises Can Be Made To Plaintiff?
3. Unique Plaintiff Issues In PSLRA
E. Evaluating Likely Defenses
1. No Legal Duty Owed To Members Of The Class?
2. No Proximate Cause To Class' Damages?
F. Alternatives To Class Actions
1. Derivative Actions
2. 17200 Cases For Injunctions
G. Venue Issues
1. State versus Federal Court
2. The Problem Of 'SLUSA'
1. 'Lodestar' versus 'Percentage' Fee
2. Arguing For A Reasonable Percentage Fee
3. Arguing For A Reasonable 'Multiple' On Lodestar
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:45 p.m.
IV. Plaintiff's Litigation Strategies
1:45 p.m. - 2:45 p.m.
V. Defendant's Litigation Strategies
A. Informal Discovery Regarding Lead Plaintiff And Certification Issues
B. Influencing Lead Plaintiff Selection Process
C. Possible Addition Of Third-Party Defendants (Lawyers, Accountants, etc.)
D. Defeating Or Narrowing Class Certification
E. Merits Discovery
F. Expert Selection And Discovery
G. In Limine Motions
1. 'Daubert' Challenges To Plaintiff's Experts
2. Possible Trial Bifurcation
H. Trial Strategy
1. Jury Selection Issues
2. Cross-Exam Of Lead Plaintiff
3. Defense Witness Selection Issues
4. Special Verdicts
5. Contribution/Indemnification Issues
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:45 p.m.
VI. Ethical Considerations For The Class
A. Communications With Class Members
B. Joint Representation/Joint Defense Agreements
C. Fee Arrangements
D. Protecting The Attorney-Client Relationship And Privilege Issues
3:45 p.m. - 4:30 p.m.
VII. Settling The Class Action Lawsuit
A. Should The Case Be Settled And When?
B. Class Settlement Notice And Procedures
C. Opt-Outs Rights And Issues
E. Coupons And Non-Cash Settlements
G. Attorneys' Fees Issues