HomeWebcastClass Action Litigation: Defense Strategies You Need to Know
Online CLE Class Action Litigation CLE

Class Action Litigation: Defense Strategies You Need to Know

Live Webcast Date: Tuesday, December 12, 2017 from 3:00 pm to 4:00 pm (ET)
Securities Law (CLE)Recording

Online CLE Class Action Litigation

In this Webcast, a panel of key thought leaders and seasoned class action litigators assembled by The Knowledge Group will offer real-world defense strategies to maximize the opportunities and avoid potential pitfalls in class action litigation. Speakers will provide an in-depth discussion on, but not limited to, conducting class and merits discovery; pursuing summary judgment motions in class claims; negotiating settlements and guiding them through the court approval and notice process; eliminating putative class members; and improving settlement posture. The panel will also cater to the audience an update on the significant and crucial developments in class action litigation and will cover some recent court decisions as well as a look at upcoming cases and changing trends in current class action practice.

Key Issues:

  • Pre-Suit and Early Case Assessment
  • Practical Strategies for Securing Class Settlement Approval
  • Practical Tips for Defending Class Actions Effectively
  • Recent and Most Significant Class Action Lawsuits
  • Mitigating Possibilities of a Class Action
  • Potential Implications of Recent Major Court Decisions
  • Common Risks and Potential Pitfalls
  • Best Practices and Non-Traditional Settlement Strategies
  • Up-to-the-Minute Regulatory Updates

Agenda

Jennifer A. Riley, Partner
Seyfarth Shaw LLP
  • Overview stats of past year - Numbers of filings, et al
  • Defense strategies from employer side
  • Rule 23 issues

Francis A. Citera, Shareholder
Greenberg Traurig, LLP

Motions to Strike Class Allegations

  • Under Rules 12(f) and 23(c)(1)(A), the Court may strike improper class allegations.  “The purpose of [Rule 12(f)] is to prevent unnecessary expenditures of time and money litigating spurious issues.”  Equal Employment Opportunity Comm’n v. Amsted Rail Co., Inc., No. 14 CV 1292, 2015 WL 4473967, at *1 (S.D. Ill. July 21, 2015). 
  • If the plaintiff’s class allegations are facially and inherently deficient, a motion to strike class allegation can be an appropriate device to determine whether the case will proceed as a class action.
  • Under certain circumstances a court may deny class certification even before the plaintiff files a motion requesting certification and need not delay a ruling on certification if it thinks that additional discovery would not be useful in resolving the class determination.

Can a plaintiff represent a class as to products he or she did not purchase?

  • The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase is a vexing one for courts.
  • Some courts have analyzed the issue as a matter of Article III or statutory standing, while other courts view it as a typicality issue under F.R.C.P. 23.
  • Courts viewing this as a “typicality” issue have analyzed whether (i) the other products and representations are “fairly encompassed” by the named plaintiff’s claims, and (ii) common evidence can be used to establish the claims.
  • Other Courts have concluded that a plaintiff lacks standing to assert claims as to products he or she did not purchase.  Generally, these courts employ a substantially similar test, under which standing exists if the products and alleged misrepresentations are substantially similar.

Who Should Attend

  • Class Action Lawyers
  • Labor and Employment Lawyers
  • In-house Counsel
  • Employers
  • Employees
  • Top Level Management
  • Directors and Executives
  • Arbitration Law Attorneys
  • Litigation Officers
  • Litigation Attorneys
  • Senior Counsel

Online CLE Class Action Litigation

Jennifer A. Riley, Partner
Seyfarth Shaw LLP
  • Overview stats of past year - Numbers of filings, et al
  • Defense strategies from employer side
  • Rule 23 issues

Francis A. Citera, Shareholder
Greenberg Traurig, LLP

Motions to Strike Class Allegations

  • Under Rules 12(f) and 23(c)(1)(A), the Court may strike improper class allegations.  “The purpose of [Rule 12(f)] is to prevent unnecessary expenditures of time and money litigating spurious issues.”  Equal Employment Opportunity Comm’n v. Amsted Rail Co., Inc., No. 14 CV 1292, 2015 WL 4473967, at *1 (S.D. Ill. July 21, 2015). 
  • If the plaintiff’s class allegations are facially and inherently deficient, a motion to strike class allegation can be an appropriate device to determine whether the case will proceed as a class action.
  • Under certain circumstances a court may deny class certification even before the plaintiff files a motion requesting certification and need not delay a ruling on certification if it thinks that additional discovery would not be useful in resolving the class determination.

Can a plaintiff represent a class as to products he or she did not purchase?

  • The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase is a vexing one for courts.
  • Some courts have analyzed the issue as a matter of Article III or statutory standing, while other courts view it as a typicality issue under F.R.C.P. 23.
  • Courts viewing this as a “typicality” issue have analyzed whether (i) the other products and representations are “fairly encompassed” by the named plaintiff’s claims, and (ii) common evidence can be used to establish the claims.
  • Other Courts have concluded that a plaintiff lacks standing to assert claims as to products he or she did not purchase.  Generally, these courts employ a substantially similar test, under which standing exists if the products and alleged misrepresentations are substantially similar.

Online CLE Class Action Litigation

Online CLE Class Action Litigation

Jennifer A. RileyPartnerSeyfarth Shaw LLP

Ms. Riley is a partner in the Chicago office of Seyfarth Shaw LLP.  She is a member of the Firm’s Labor & Employment Department and a member of the Firm’s Complex Discrimination Litigation and Wage & Hour Litigation Practice Groups.

Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class action proceedings.  She regularly represents companies facing class actions, collective actions, pattern or practice lawsuits, and systemic investigations, involving hundreds to thousands of putative class members.  Ms. Riley counsels and defends employers from a range of employment law theories, including claims of race, age, gender, and disability discrimination, sexual harassment, retaliation, and alleged wage and hour violations.

Online CLE Class Action Litigation

Francis A. CiteraShareholderGreenberg Traurig, LLP

Francis A. Citera is Co-Chair of the Greenberg Traurig’s Products Liability & Mass Torts Litigation Group and Co-Chair of the Chicago Litigation Practice. Mr. Citera has over 30 years of experience defending purported class actions, toxic tort actions, and other complex litigation in both federal and state courts. He has tried many cases, including an action by the Government to enforce a unilateral administrative order, an allocation case among potentially responsible parties, and a complex product liability, wrongful death case. Mr. Citera has written and spoken extensively on class action litigation, product safety issues and claims for medical monitoring.


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Online CLE Class Action Litigation

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in civil litigation

Course Code:
   146795

NY Category of CLE Credit:
   Skills

Total Credit:
    1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

At Seyfarth Shaw LLP, we are leading the way in delivering legal services more effectively, more efficiently, and more transparently. With more than 850 attorneys in the United States, London, Shanghai, Melbourne, and Sydney, we offer a national platform and an international gateway to serve our clients’ changing business and legal needs in corporate, employee benefits, employment, litigation, and real estate. Seyfarth Shaw provides thoughtful, strategic, practical legal counsel to clients of all sizes across all industries, delivering excellent legal service, sophisticated technology and process improvement solutions. Our clients range from Fortune 100 to midsize companies, and include publicly traded and privately held companies and various types of funds.

Our success is the result of a constant, unrelenting focus on the needs of our clients, and we are always looking for ways to meet our clients’ needs for value and efficiency while maintaining the high quality of our services. That's why we created SeyfarthLean®, our proprietary, value-driven client service model, which combines the core principles of Lean Six Sigma process improvement with project management and tailored technology solutions. Since 2005, SeyfarthLean has been unique within the legal profession and a distinctive approach to providing, delivering, and managing client and legal services.

Our client-first approach has resulted in numerous accolades from a variety of highly respected industry associations, consulting firms, and the media, including: BTI Consulting’s “Client Service A-Team” list, which ranks firms that serve the Fortune 1000 and is based exclusively on client feedback; a top spot in the Financial Times North America Innovative Lawyers 2015 report of the most innovative firms; the Association of Corporate Counsel “Value Champion” award; and multiple awards from the International Legal Technology Association, including 2014 “Innovative Project of the Year” and 2013 “Innovative Law Firm of the Year.”

Website: https://www.seyfarth.com/

Greenberg Traurig, LLP (GTLaw) has more than 2,000 attorneys in 38 offices in the United States, Latin America, Europe, Asia and the Middle East and is celebrating its 50th anniversary. One firm worldwide, GTLaw has been recognized for its philanthropic giving, was named the second largest firm in the U.S. by Law360 in 2016, and among the Top 20 on the 2016 Am Law Global 100. Web: www.gtlaw.com Twitter: @GT_Law.

Website: https://www.gtlaw.com/

Ms. Riley is a partner in the Chicago office of Seyfarth Shaw LLP.  She is a member of the Firm’s Labor & Employment Department and a member of the Firm’s Complex Discrimination Litigation and Wage & Hour Litigation Practice Groups.

Ms. Riley practices in the employment litigation area, with a particular emphasis on complex collective and class action proceedings.  She regularly represents companies facing class actions, collective actions, pattern or practice lawsuits, and systemic investigations, involving hundreds to thousands of putative class members.  Ms. Riley counsels and defends employers from a range of employment law theories, including claims of race, age, gender, and disability discrimination, sexual harassment, retaliation, and alleged wage and hour violations.

Francis A. Citera is Co-Chair of the Greenberg Traurig’s Products Liability & Mass Torts Litigation Group and Co-Chair of the Chicago Litigation Practice. Mr. Citera has over 30 years of experience defending purported class actions, toxic tort actions, and other complex litigation in both federal and state courts. He has tried many cases, including an action by the Government to enforce a unilateral administrative order, an allocation case among potentially responsible parties, and a complex product liability, wrongful death case. Mr. Citera has written and spoken extensively on class action litigation, product safety issues and claims for medical monitoring.

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