Class Actions and Complex Litigation: Defending against Class Action Litigation
The unstoppable growth in the number of class action lawsuits, significant changes in the landscape of federal litigation, and the increasing responsibilities of federal trial judges for the past years are the key factors on why class action and complex litigation has created an array of risks, pitfalls and additional burdens for companies and attorneys worldwide.
Listen as a team of distinguished professionals and thought leaders organized by The Knowledge Group provide the audience with an overview of the recent developments in Class Actions and Complex Litigation Landscape as well as an outlook for this area of law. Speakers will provide cutting-edge solutions to the most common litigation issues surrounding this significant topic and will also help the audience in creating strategies and practical tips to help avoid risks, pitfalls and legal challenges while ensuring compliance with applicable laws.
Key topics include:
- Class Actions and Complex Litigation: An Overview
- Strategies and Practical Tips to Avoid Lawsuits
- Recent Court Decisions
- Issues, Trends and Developments
- What Lies Ahead in 2018
Mary Eaton, Partner
Willkie Farr & Gallagher LLP
- Is there an implied requirement that a class be ascertainable and, if so, how is the ascertainability requirement met?
- Numerous Circuit Courts have held that, in addition to the specific requirements imposed by Rule 23, there is an implied requirement that the class be ascertainable.
- However, Courts have differed over whether the implied requirement of ascertainability always applies and, even if it does, whether it includes a requirement that it be “administratively feasible” to identify class members.
- American Pipe Tolling
- Under the class action tolling rule established by American Pipe, the timely filing of a class action tolls the statute of limitations as to individual putative class members.
- Last June, the Supreme Court held that American Pipe tolling does not extend the ’33 Act’s statute of repose for class members who later opt out.
- The Court is now set to resolve another issue that has divided the Circuit Courts in recent years: whether and under what circumstances American Pipe tolling applies to subsequent class actions.
Armando Levy, Principal
The Brattle Group
- Rule 23(b)(3) From an Economist’s Perspective—a translation of the econometric ”battle of the experts” into English. The language of 23(b)(3) is suggestive of statistical analysis: “that there are common questions of law or fact that predominate over any individual class member’s questions and that a class action is superior to other methods of adjudication.” In cartel cases, price dispersion may be indicative of individualized determinants of what class members paid and if or how much they were impacted by cartel behavior. We’ll discuss the economic interpretation behind the econometric evidence that often emerges.
- The increasingly popular use of Proffering Conjoint Analysis as a method of proving damages in product liability and/or false advertising cases. Plaintiffs’ experts have increasingly reached to conjoint analysis to get around the lack of data that can be used to estimate a counterfactual basis for a price premium. Recent decisions in Dial and FordTouch highlight the issue.
Mindy G. Barfield, Partner
Dinsmore & Shohl LLP
- The Impact of Walmart v. Dukes in Insurance Class Actions
- It has always been difficult for plaintiffs to satisfy the commonality requirement in Rule 23 in insurance-related class actions. Has Wal-Mart v. Dukes made the burden even more difficult? Has it led to more mass actions as opposed to class actions? Has the more stringent commonality standard posed an impediment to court approval of settlements? To what extent have state courts relied upon the Wal-Mart decision in resolving commonality issues?
- The use of computer databases by large insurers to assist them in evaluating general damages or the reasonableness of medical bills as been the subject of several large class actions in the last several years. How has the more stringent commonality requirement come into play in these cases?
- The Wal-Mart court ruled that, where the merits of the dispute overlap with Rule 23 requirements, the merits must be considered in the course of a “rigorously analysis” of whether the class certification factors are met. To what extent has this led courts to allow more merits-based discovery at the class certification stage of insurance-related cases? Has it altered the way experts are used during the class certification stage of the proceedings?
- Following Wal-Mart, when is monetary relief “incidental” to injunctive or declaratory relief so as to allow certification of a Rule 23(b)(2) class?
Kristen J. McAhren, Counsel
White & Case LLP
- Rigorous Analysis in Antitrust Class-Certification
- Recent Supreme Court cases have emphasized the need for a rigorous analysis before a class can be certified under Rule 23, including in antitrust cases. The contours of what such a rigorous analysis entails, particularly as to expert testimony, remains under development and subject to debate.
- While settlement classes are favored, recent decisions in the Ninth Circuit have highlighted that some rigor is still required.
Who Should Attend:
- Class Action Lawyers
- Arbitration Law Attorneys
- In-house Counsel
- Class Action Litigators
- Top Level Management
- Directors and Executives
- Litigation Officers
- Private Companies
Mary Eaton is a partner in Willkie's Litigation Department and Chair of the firm's Business and Corporate Litigation Practice Group. Mary has extensive experience in complex commercial litigation, with a focus on shareholder litigation (including securities class actions and shareholder derivative claims) and other complex business disputes. Mary has represented corporate issuers, underwriters, registered investment companies, registered investment advisors, private equity companies, officers, directors, trustees and executives in a wide variety of disputes in federal and state courts across the country. In addition to her substantial trial experience, Mary regularly counsels clients on corporate governance matters and litigation avoidance.
Mary Eaton is a partner in Willkie's Litigation Department and Chair of the firm's Business and Corporate Litigation Practice Group. …
Dr. Levy specializes in microeconomics, econometrics, and statistics. He has managed, provided expert testimony, and supported expert work calculating damages in numerous litigation cases with an emphasis on statistical and econometric issues as well as sample design.
Dr. Levy was recently involved in the LCD-TFT, SRAM, and DRAM antitrust actions in the U.S. as well as antitrust proceedings in Australia. In addition, he was a testifying expert on damages in the SRAM direct-purchaser antitrust matter. Dr. Levy has a background in class certification in both consumer product and antitrust matters.
He has supported many top-tier academic experts, including Professor Dan McFadden of the University of California, Berkeley, and Professors Roger Noll and Robert Hall of Stanford University. Dr. Levy was formerly Assistant Professor of Economics at North Carolina State University and a lecturer in econometrics at the University of California at Berkeley. Dr. Levy has published numerous papers in peer-reviewed journals including the Journal of Labor Economics, the International Journal of Industrial Organization, and Economics Letters.
Dr. Levy specializes in microeconomics, econometrics, and statistics. He has managed, provided expert testimony, and supported expert work calculating damages …
Mindy practices in the area of complex commercial litigation with a focus on defending clients in contract-related and business tort litigation, insurance litigation and class action litigation. She also represents her insurer clients in rehabilitation and liquidation proceedings, including defending them from complaints of negligence and breach of fiduciary duty. She also represents insurers in administrative matters including challenges to market conduct studies and other regulatory violations. She received Kentucky’s Outstanding Young Lawyer Award in 2002; was listed among the Top 24 Women Attorneys in Kentucky in 2014; and since 2014 has been annually listed by Benchmark Litigation as a Litigation Star and among the Top 250 Women in Litigation. She was appointed to the Kentucky Supreme Court’s Mass Tort and Class Action Committee and selected by Best Lawyers in America as the Best Lawyer in Lexington, Kentucky for Mass Torts and Class Action Litigation-Defense in 2017.
Mindy is a partner in the Lexington, Kentucky office of Dinsmore and Shohl, LLP. Dinsmore, based in Cincinnati, Ohio, is a go to business law firm with over 650 attorneys in 21 offices located in 10 states plus the District of Columbia.
Mindy practices in the area of complex commercial litigation with a focus on defending clients in contract-related and business tort …
Ms. McAhren is Counsel in White & Case LLP’s competition group. As a member of this group, Ms. McAhren focuses on litigating multijurisdictional antitrust disputes and representing clients in government criminal and civil investigations. Ms. McAhren has been involved in numerous civil antitrust class-actions in various industries and has represented various U.S. and foreign companies in numerous class-actions, including in the recent In re Lithium Ion Batteries Antitrust Litigation in the Northern District of California.
Ms. McAhren is Counsel in White & Case LLP’s competition group. As a member of this group, Ms. McAhren focuses …
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Method of Presentation:
Basic Knowledge in Civil Litigation
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About Willkie Farr & Gallagher LLP
Willkie Farr & Gallagher LLP is an elite international law firm of approximately 700 lawyers located in nine offices in six countries: New York, Washington, Houston, Paris, London, Frankfurt, Brussels, Milan and Rome. For more than 125 years, the firm has represented companies and individuals worldwide across a wide spectrum of businesses and industries, most notably financial services. The firm is comprised of attorneys who are individually and as a group recognized as some of the world’s foremost practitioners in their respective areas of concentration. Willkie’s collaborative approach is entrepreneurially inspired and client focused, delivering practical solutions for business-critical transactions and bet-the-company litigation.
About The Brattle Group
The Brattle Group provides consulting and expert testimony in economics, finance, and regulation to corporations, law firms, and governments around the world. We are distinguished by our credibility and the clarity of our insights, which arise from the stature of our experts, affiliations with leading international academics and industry specialists, and thoughtful, timely, and transparent work. Our clients value our commitment to providing clear, independent results.
The Brattle Group provides support on a broad range of issues related to class certification. Our engagements have addressed issues of commonality, predominance, and numerosity as required by Rule 23 of the Federal Rules of Civil Procedure. In antitrust class action matters, our experience encompasses both direct purchaser claims and indirect-purchaser claims with the related pass-through analysis. Learn more at brattle.com.
About Dinsmore & Shohl LLP
Dinsmore & Shohl is comprised of more than 650 attorneys with locations in 22 cities throughout California, Colorado, Connecticut, Illinois, Kentucky, Michigan, Ohio, Pennsylvania, Washington, D.C. and West Virginia. For more than a century, Dinsmore has provided a broad range of integrated services to meet the needs of both large and small businesses as well as institutions, associations, governments, professional firms and individuals. For more information, please visit www.dinsmore.com.
About White & Case LLP
White & Case is a global law firm with longstanding offices in the markets that matter today. Our on-the-ground experience, our cross-border integration and our depth of local, US and English-qualified lawyers help our clients work with confidence in any one market or across many.
We guide our clients through difficult issues, bringing our insight and judgment to each situation. Our innovative approaches create original solutions to our clients’ most complex domestic and multi-jurisdictional deals and disputes. By thinking on behalf of our clients every day, we anticipate what they want, provide what they need and build lasting relationships. We do what it takes to help our clients achieve their ambitions.