Class Action and Complex Litigation in 2019: Effective Strategies and Best Practices
With the ever-evolving regulatory and compliance landscape, class action litigation remains to be one of the most crucial risks facing companies worldwide. To mitigate exposure to these risks, companies must be cognizant of practical ways to respond to recent changes and issues in various areas of the law.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will present an in-depth analysis of the fundamentals as well as recent developments in the class action and complex litigation landscape. Speakers will also present effective litigation strategies and practices in light of the recent updates.
Some of the major topics that will be covered in this course are:
- Class Action and Complex Litigation – Overview and Statistics
- Emerging Issues and Recent Trends
- Practical Strategies and Tips to Avoid Lawsuits
- Recent Court Rulings
- What Lies Ahead in 2019
Seth M. Cohen, Partner
- Overview and summary of key class action developments in Q1 2019
- Emerging litigation trends driving all-time high D&O exposure / insurance premiums
- The Changing Landscape of Class Action Settlements
William B. Gaudet, Partner and Class Action Team Leader
Adams and Reese LLP
- Federal court proposed guidelines for class action settlements
- Issue classes
Peter Hess, Vice President
- Roles for economic experts in class action
- Analytical approaches to support of class certification
- Analytical approaches to challenging class certification
- Proving damages on a class-wide basis
Charles Miller, Partner
Heygood, Orr & Pearson
- Assisting clients who wish to opt out of a class action/class action settlement (make sure you and your clients understand the deadline to opt out and the requirements for opting out in the long-form class notice)
- Considerations in deciding where to file lawsuits for clients who have opted out of a class action settlement (e.g., state vs. federal court, obtaining personal jurisdiction over all relevant entities)
- Serving and obtaining personal jurisdiction over foreign defendants in opt-out cases (e.g., Hague service, hiring a company that specializes in Hague service, serving foreign entities through U.S. subsidiaries, stipulations to accept service)
- Organizing multi-forum opt-out litigation (coordinating discovery in multiple forums, using discovery taken in another forum to expedite the proceedings in another forum)
- Setting trials in multi-forum opt-out litigation (bellwether trials vs. other trial selection methods, whether trial dates should be coordinated among forums)
Seth is a trial lawyer who litigates a wide variety of complex commercial litigation matters in federal and state trial courts and appellate courts. His experience spans the areas of breach of contract, breach of fiduciary duty, fraud, RICO actions, government and regulatory investigations, product liability, insurance recovery, and litigation involving clients in the entertainment industry. Throughout his career, Seth has handled a broad array of class actions, mostly in the RICO and common law fraud contexts.
Seth brings practical and strategic thought to complex matters and is a trusted advocate for his clients. He has experience litigating complex commercial cases for public and private corporations, including financial institutions and individuals in both bench and jury trials. In one such matter, Seth was part of the trial team representing the former chief operating officer of Countrywide Bank in the largest post-financial crisis era jury trial concerning loan origination fraud.
Seth has deep experience representing companies in post-closing M&A litigation, including cases involving alleged breaches of reps and warranties, fraud, purchase price adjustments, and indemnification claims, among others. Seth routinely represents clients in RICO class actions, including currently defending the U.S. subsidiary of a global licensing and inspections firm against RICO fraud claims arising out of the Puerto Rico Power Authority's fuel procurement practices.
Before entering the legal profession, Seth served as an associate producer at ABC News in New York and as a writer for the NBA, MTV, and VH-1.
Seth is a trial lawyer who litigates a wide variety of complex commercial litigation matters in federal and state trial …
Billy Gaudet leads the complex/class action practice. Acting as lead trial counsel in local, state and federal courts in the Southeast and beyond, Billy represents clients, including Fortune 500 companies, in all aspects of class action and complex litigation. He negotiates class action settlements, acts as national coordinating counsel and trial counsel, serves on defendant liaison committees, and heads up the defense group trial team. In addition, Billy litigates and tries commercial disputes at the trial court and appellate court levels.
He has served as the chair of the Class Actions/Complex Litigation Committee of the New Orleans Bar Association, is presently on the Executive Board and Treasurer of the New Orleans Bar Association, outgoing President of the Loyola New Orleans Law School Alumni Board, and has served as president of the Executive Board of Big Brothers/Big Sisters of Southeast Louisiana.
Billy Gaudet leads the complex/class action practice. Acting as lead trial counsel in local, state and federal courts in the …
Dr. Hess specializes in the application of microeconomic theory and analytical methods in litigation, business, and policy contexts. He has assisted clients in all phases of the litigation process including pretrial discovery, exposure analyses, construction and evaluation of settlement proposals, quantification of damages, and the preparation of expert reports and testimony. He has consulted on intellectual property, class action, antitrust, securities, finance, valuation, false advertising, employment, environmental, policy, regulatory, commercial disputes, and general business matters. He has served as an expert on intellectual property, class certification, breach of contract, employment, damages, and valuation issues. Dr. Hess’s work has included estimation of reasonable royalties, lost profits, and commercial damages; evaluation of proposed methods of common proof for class certification; assessment of market definition, predatory pricing, and loss causation; analyses of internet traffic, commercial transaction, demographic, sales, accounting, investment, and insurance claims data; business valuation; portfolio performance simulation; forecasting; cost-benefit analysis; and policy evaluation. His experience spans the financial services, information technology, computer hardware and software, electronics, telecommunications, biotechnology, health care, consumer goods, and manufacturing industries as well as federal, state, and local issues. Prior to joining Analysis Group, Dr. Hess was a lecturer and postdoctoral fellow at University of California, Berkeley where he taught economics and worked closely with the California Department of Finance and the California Air Resources Board to model the fiscal and economic impacts of legislative and regulatory proposals.
Dr. Hess specializes in the application of microeconomic theory and analytical methods in litigation, business, and policy contexts. He has assisted …
Charles Miller is Dallas-based trial lawyer practicing in the areas of products liability, personal injury, medial malpractice, and complex commercial litigation. Charles grew up in Tucson, Arizona where he attended the University of Arizona. Charles got his law degree from Texas Tech University. Charles was an editor on the Law Review and graduated summa cum laude. After graduating from law school, Charles clerked for the Honorable John M. Duhé, Jr., a federal circuit judge on the United States Court of Appeals for the Fifth Circuit.
Charles started his legal career as a commercial lawyer. He worked at the Dallas office of Weil Gotshal & Manges, a national law firm based in New York, and McKool Smith, a Dallas-based commercial litigation boutique. In 2007, Charles joined Heygood Orr & Pearson, a Dallas-based trial boutique and began handling products liability and medical malpractice cases. Charles is licensed in California, Texas, and Arizona and handles cases nationwide.
Since joining Heygood Orr & Pearson, Charles has successfully handled over 400 opioid-related wrongful death cases. Charles was trial counsel in two jury trials involving defective fentanyl patches manufactures by ALZA Corporation, a Johnson & Johnson subsidiary. Both trials resulted in multi-million dollar jury verdicts for the plaintiffs. Charles has spent the last two years representing consumers who purchased or leased Volkswagen or Audi diesel vehicles equipped with emissions defeat devices.
While at Weil Gotshal, Charles met his wife, Nicole, an appellate lawyer. Charles and Nicole have been happily married for 10 years. In his free time, Charles loves to read the New York Times, cook vegan meals with his wife, and travel with his wife and his 4 year-old-son, Benjamin.
Charles Miller is Dallas-based trial lawyer practicing in the areas of products liability, personal injury, medial malpractice, and complex commercial …
Print and review course materials
Method Of Presentation:
General knowledge of corporate litigation
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
UNLIMITED 1 Year Pass for only $199
About Hogan Lovells
Straight talking. Thinking around corners. Understanding and solving the problem before it becomes a problem. Performing as a team, no matter where we’re sitting. Delivering clear and practical advice that gets your job done.
Our 2,500 lawyers work together with you to solve the toughest legal issues in major industries and commercial centers around the world. Whether you’re expanding into new markets, considering capital from new sources, or dealing with increasingly complex regulation or disputes, we help you stay on top of your risks and opportunities.
About Adams and Reese LLP
Adams and Reese LLP is one of the largest regional law firms in the United States. We have approximately 300 attorneys and government relations professionals in 18 offices in Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, Tennessee, Texas and Washington, D.C.
As an AmLaw 200 firm, we take a progressive approach to the professional services we provide our clients. Our primary commitment is to provide our clients with the highest quality legal service in the most prompt, cost effective and efficient manner possible.
Our attorneys represent businesses in virtually every major industry. Our clients include: local, regional, national companies; international corporations; agencies; municipalities; universities; and individuals and families. By offering legal services on a regional basis, we provide clients with localized control over their legal matters, and access for clients in multiple markets where they have interests.
About Analysis Group
Analysis Group is one of the largest international economics consulting firms, with more than 950 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.
About Heygood, Orr & Pearson
Heygood, Orr & Pearson is a Dallas, Texas-based law firm devoted to the representation of individuals and businesses seeking trial lawyers with the highest level of skill, experience and resources. We are as comfortable before a judge and jury as we are drafting a legal brief. We command attention in the courtroom and enjoy the utmost respect from our adversaries. Above all, each of us is committed to bringing the highest standards of ethics and a passion for justice to every client and every case.