Business and Professions Code Section 17200 is constantly changing and the practitioner must remain informed on the recent developments. By attending this seminar, you will gain knowledge from experts in this area that will facilitate your understanding of the code.
If you are a managing partner or business litigator, you are expected to know and understand the current status of Business and Professions Code Section 17200.
- Proposition 64 - An overview
- Proposition 64 - The unanswered questions
- Plaintiff's perspective on winning Business and Professions Code Section 17200 cases
- Litigation strategies for successfully defending Business and Professions Code Section 17200 cases
- Settlement of Business and Professions Code Section 17200 claims: focus on ethics
9:00 a.m. - 9:15 a.m.
I. Seminar Overview
An overview to the seminar, including a
brief discussion of recent developments in
Business and Professions Code Section
17200 litigation and topics to be covered
during the seminar.
9:15 a.m. - 10:00 a.m.
II. Business And Professions Code Section
17200: An Overview And Recent
A leading business litigator provides an
overview and discussion of foundational
issues regarding Business and Professions
Code Section 17200. Topics to be
discussed include a history and
background of Section 17200, a statutory
overview of Section 17200 and related
statutes such as the Consumers Legal
Remedies Act, an analysis of unlawful
business practices and unfair business
practices under Section 17200, proposals
for legislative action and amendments,
public policy issues and hot topics.
10:00 a.m. - 10:20 a.m.
III. Proposition 64 - An Overview
Proposition 64 has brought about the most
sweeping change to Section 17200 in 40
years. This session, presented by the
principal author of Proposition 64, explains
the purpose and intent behind the new law.
10:20 a.m. - 10:35 a.m.
10:35 a.m. - 11:45 a.m.
IV. Proposition 64 - The Unanswered
Although Proposition 64 answers several
questions about standing and class
recovery, it leaves far more questions
unanswered. For example, does
Proposition 64 apply to pending cases?
Must all class members be shown to have
lost money or property? May injunctions
be issued providing relief to individuals
who have not been harmed? This session,
presented by the principal author of
Proposition 64 and a leading opponent,
will attempt to answer these and other
11:45 a.m. - 1:15 p.m.
1:15 p.m. - 2:15 p.m.
V. Plaintiff's Perspective On Winning
Business And Professions Code Section
An analysis of the plaintiff's perspective on
bringing and winning Section 17200 cases.
The discussion will include pleadings,
preparation of the complaint, jurisdiction
and forum, choosing the correct parties
(including possible co-prosecution with
government prosecutors), choice of law
issues, discovery, expert witnesses,
dispositive motions, provisional remedies,
settlement and mediation strategies and
trial. The discussion will also include a
substantive analysis of the elements of
section 17200 cases and the evidence
needed to prove such claims.
2:15 p.m. - 3:15 p.m.
VI. Litigation Strategies For Successfully
Defending Business And Professions
Code Section 17200 Cases
An overview of the defense strategies for
litigation of Section 17200 cases, including
standing and other procedural issues,
preparing answers, responding to
applications for TRO's and injunctions,
anti-SLAPP motions to strike, demurrers,
discovery, motions for summary judgment,
settlement and mediation, trial and post-
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:30 p.m.
VII. Settlement Of Business And Professions
Code Section 17200 Claims: Focus On
The settlement of Section 17200 claims is
complex and raises a variety of thorny
ethical issues. With a focus on these
ethical issues, topics to be covered include
the timing of settlement negotiations, the
form of relief for absent class members,
the selection of an arbitrator or mediator,
the phasing of discussion topics, necessary
parties for successful mediation, settlement
techniques, insurance issues, drafting of
settlement agreements and related topics.
4:30 p.m. - 5:00 p.m.
VIII. Ask The Experts: An Overview And
Summary Of The Seminar And Section
17200 Claims Generally