Class Action and Complex Litigation: Demystifying Trends, Developments, and Legal Challenges
With the evolving regulatory and compliance landscapes, class action litigation has significantly raised specific legal challenges and vulnerabilities to businesses across industries. In addition, although courts are generally adjusting the rules applicable to the concerns of class action lawsuits, several unsettled and divergent viewpoints can vastly cause critical issues and complications in this complex and multifaceted area of law.
Listen as a panel of seasoned commercial litigation attorneys presents an in-depth analysis of the fundamentals as well as recent developments in the class action and complex litigation landscape. Speakers will offer effective litigation strategies in light of the recent developments as well as best practices in dealing with the emerging legal challenges.
- Class Action and Complex Litigation – An Overview
- Notable Cases
- Trends, Developments, and Legal Challenges
- Effective Strategies and Best Practices
Joshua A. Rubin, Attorney
Akin Gump Strauss Hauer & Feld LLP
- When the Supreme Court decided Comcast v. Behrend seven years ago, the general consensus was that it was a major win for the class action defense bar and would make it easier to defeat class certification. However, the actual response by the bench has been more mixed.
- On its face, Comcase holds only that a class’s damages model must align with its theory of liability. Yet some initially believed that Comcast would be read to affirmatively require a class-wide damages model to be established.
- With the benefit of almost a decade of subsequent case law, the legacy of Comcast can now be more easily seen. Rather than providing defendants with a new weapon to defeat class certification, the Comcast decision can more accurately be described as providing another arrow in the quiver of the “predominance” argument. Defendants are left to argue that individualized damages issues are among those individualized inquiries defeating predominance.
- The Fifth Circuit appears to be an outlier in adopting the “strong” reading of Comcast and requiring a damages model. Time will tell if the Supreme Court steps in again to resolve this split.
Gary S. Graifman, Partner
Kantrowitz, Goldhamer & Graifman, P.C.
I. ARBITRATION AND CLASS ACTION WAIVERS
- Definition of Class Action waivers
- Federal Arbitration Act
- Current State of Arbitration in Area of Employment law
II. RECENT REQUIREMENTS FROM THE NINTH CIRCUIT ON CLASS SETTLEMENTS
- Issuance of the Procedural Guidance for Class Action Settlements
Ezekiel L. Hill, Partner
Goodwin Procter LLP
- Personal Jurisdiction in Class Actions
- Applying the Supreme Court’s 2017 BMS decision to personal jurisdiction in class actions
- The Presumption of Reliance and Securities Class Actions
- The Second Circuit’s Goldman decision and the inflation-maintenance theory
- The Seventh Circuit’s Allstate decision and evidence of price impact
Who Should Attend:
- Class Action Lawyers
- Litigation Attorneys
- General Counsel
- Legal Consultants
- Legal Executives
Josh Rubin focuses his practice on complex commercial litigation, with an emphasis on consumer and securities fraud class action defense. Prior to joining the firm, Mr. Rubin served as a law clerk to the Honorable Margaret M. Morrow of the Central District of California.
Mr. Rubin earned his J.D. magna cum laude from New York University School of Law, where he received the Law Review Alumni Association Award and was a member of the Order of the Coif. He also served as a notes editor for the New York University Law Review. Mr. Rubin received his B.A. summa cum laude from Macalester College in Saint Paul.
Josh Rubin focuses his practice on complex commercial litigation, with an emphasis on consumer and securities fraud class action defense. …
Gary S. Graifman, Esq. is a partner in the firm of KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. and chairs the firm’s national class action practice. He is admitted to practice before the courts of the State of New York, the State of New Jersey, the United States Federal Courts for the Southern District of New York, the Eastern District of New York, the Northern District of New York, the District of New Jersey, the United States Court of Appeals for the Second Circuit, the Third Circuit and the Eighth Circuit. He is also a member of the Class Action Committee of the New Jersey State Bar Association. Mr. Graifman has litigated numerous cases involving complex business issues, consumer class actions and securities class actions. He has litigated a number of cases resulting in reported decisions, including cases of first impression.
Gary S. Graifman, Esq. is a partner in the firm of KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. and chairs the firm’s …
Zeke Hill, a partner in the firm’s Litigation Department, concentrates in the areas of securities and shareholder litigation, commercial litigation, and government and internal investigations.
Mr. Hill represents technology and life sciences companies in class action and M&A-related litigation, and syndicates of investment banks in litigation related to primary and secondary public offerings. He also represents private equity firms and their portfolio companies in post-closing disputes. His government and internal investigations practice includes representing companies in SEC and FINRA investigations and boards and board committees in internal investigations. Mr. Hill also advises companies on disclosure-related issues, minimizing litigation risk, and Section 16 of the Securities Exchange Act of 1934.
Zeke Hill, a partner in the firm’s Litigation Department, concentrates in the areas of securities and shareholder litigation, commercial litigation, …
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Method of Presentation:
General knowledge of class action litigation
NY Category of CLE Credit:
Areas of Professional Practice
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About Akin Gump Strauss Hauer & Feld LLP
With 21 offices, 85 practices and over 900 lawyers and professionals, Akin Gump Strauss Hauer & Feld LLP is among the world’s largest law firms, yet it strives to provide every client with focused and consistent attention. Recognized by BTI Consulting Group as a Client Service A-Team and as one of the top 30 law firms in the U.S., Akin Gump is known for its strength in litigation and high-stakes appellate work, leadership in groundbreaking transactions and depth in public policy. Akin Gump is committed to creating, expanding and protecting its clients’ assets and interests.
Through its network of domestic and international offices, Akin Gump advises companies across myriad industries in both mature and emerging markets. Akin Gump professionals possess a sharp understanding of the intangible factors in economic and political infrastructures, combining it with first-hand government experience at the highest levels around the world.
About Kantrowitz, Goldhamer & Graifman, P.C.
KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. is a full-service law firm (the AFirm@) with offices located at 747 Chestnut Ridge Road, Chestnut Ridge, New York and in Montvale, New Jersey, at 210 Summit Avenue, Montvale, New Jersey.
The Firm is managed by its four (4) partners, PAUL B. GOLDHAMER, BARRY S. KANTROWITZ, GARY S. GRAIFMAN and RANDY J. PERLMUTTER.
Among the various areas of law practiced by the Firm, the Firm specializes in class action litigation, which is chaired by Gary S. Graifman of the Firm. The Firm’s other practice areas include negligence and medical malpractice, employment law, commercial litigation, matrimonial law and wills, trusts and estates.
The Firm has a total of thirteen (13) attorneys, including the four partners. There are six (6) associates and eleven (11) support personnel (paralegals, secretaries and bookkeeping), as well as three (3) of counsel attorneys at the firm's offices.
About Goodwin Procter LLP
At Goodwin, we partner with our clients to practice law with integrity, ingenuity, agility and ambition. Our 1,000-plus lawyers across the United States, Europe and Asia excel at complex transactions, high-stakes litigation and world-class advisory services in the technology, life sciences, real estate, private equity, and financial industries. Our unique combination of deep experience serving both the innovators and investors in a rapidly-changing, technology-driven economy sets us apart. To learn more, visit us at www.goodwinlaw.com.