Class Certifications: Trends, Developments and Effective Strategies
Class certification under the Federal Rule of Civil Procedure 23 has been a complex and challenging battle for plaintiffs and defendants alike. With the shifting legal interpretation and stringent analysis, the certification process has become increasingly difficult and costly.
Lawyers and clients should continuously be wary of the current and emerging trends and developments to navigate the settlement or litigation process successfully. Up-to-date knowledge is crucial in developing strategies that would help them bring out the best in this lawsuit.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they provide the audience with an in-depth analysis of the recent developments surrounding class certifications. Speakers will also offer helpful insights on the effective strategies litigators can apply at the class certification stage.
Some of the major topics that will be covered in this course are:
- Class Certification: Notable Cases
- Recent Legal Developments
- Risks, Challenges, and Pitfalls
- Practical Tips and Strategies
- What Lies Ahead
Seyfarth Shaw LLP
- Introduction and Key Rulings
- The Federal Rule of Civil Procedure 23
- Core changes to Rule 23 as of December 2018
- Federal class-action notice: Rule 23(c)(2)
- Preliminary settlement approval and notice: Rule 23(e)(1)
- The four factors to be considered for settlement approval: Rule 23(e)(2)
- The indication of an object to a settlement approval and unrepresented objectors / discourage bad-faith objectors: Rule 23(e)(5)
- Interlocutory appeals under Rule 23(f)
- Impact of the amendments of Rule 23 to the administration of justice
- US and EU Approach to Class Action Litigation
- Current draft legislation: Substantive rights and procedural rules
- Applying safeguards
- Class Rule 23’s certification requirements and access to the courts under EU regime
- Representative actions for injunctive relief
- Injunctions Directive the four legs for a Unionwide framework
- The role(s) of the expert in class certification
- Description of phases and different expert usage: liability, impact, damages
- Recent trends and case studies
- Daubert challenges
- Recent trends: legal vs scientific exclusions
- Strategies for reducing Daubert exposure
Who Should Attend:
- Class Action Lawyers
- Trial Attorneys
- General Counsel
Jennifer Riley is a partner in the Chicago office of Seyfarth Shaw LLP, the leading national employment and labor law firm. Ms. Riley practices in the complex employment litigation area, with a primary emphasis on defending companies from class and collective action lawsuits brought in federal and state courts throughout the U.S. She regularly represents employers facing employment discrimination class actions, wage & hour collective actions, EEOC pattern or practice lawsuits, and systemic investigations involving hundreds to thousands of employees. Ms. Riley also counsels employers regarding a range of issues, including hiring practices, investigations, and wage & hour compliance. Ms. Riley obtained her B.A. from Vanderbilt University and obtained her J.D. from the University of California at Berkeley (Boalt Hall).
Jennifer Riley is a partner in the Chicago office of Seyfarth Shaw LLP, the leading national employment and labor law …
Dr. Fabian Leimgruber is a lawyer and senior patent attorney, who has earned an international reputation as litigator and prosecutor mainly in the fields of competition and antitrust law, software and business methods patenting, pharmaceutical and life science IP protection. He practices in an advisory and forensic role as a licensed attorney before various courts on all levels, the Opposition and Appeal Boards of the European Patent Office, as well as national and international arbitration courts.
Juris Doctor in comparative antitrust and competition law. Natural Science Doctor in Physics. Specialized expertise in (i) competition/antitrust law, pharmaceutical industry and reverse payment settlement agreements, (ii) protection of software, business model and artificial intelligence, (iii) information technology (IT), electrical engineering and telecommunications, (iv) nano-technology and bio-chemistry.
Dr. Fabian Leimgruber is a lawyer and senior patent attorney, who has earned an international reputation as litigator and prosecutor …
Pavel Darling, a Vice President in Analysis Group’s Boston office, specializes in complex quantitative analyses to address litigation, strategy, and policy questions, primarily in the health care sector. He focuses on class certification and other topics relevant to pharmaceutical litigation. His expertise also includes reverse payment patent settlements, in which he has supported expert testimony and managed case teams in the analysis of claims data and contractual agreements, and damages assessments in antitrust and patent infringement cases. Mr. Darling designs and implements customized suspicious order monitoring and loss prevention programs, and assesses the market impacts of changes in the scheduling of controlled substances. He has analyzed and presented damages findings before the Offices of the United States Attorneys and the United States Drug Enforcement Administration (DEA), with a focus on preparing alternative damages models using customer- and patient-level data. Mr. Darling has also submitted and supported expert testimony in several other venues. He has coauthored a number of published reports and journal articles. Mr. Darling holds an M.B.A. from the MIT Sloan School of Management.
Pavel Darling, a Vice President in Analysis Group’s Boston office, specializes in complex quantitative analyses to address litigation, strategy, and …
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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 Seyfarth Shaw LLP
Seyfarth Shaw has more than 850 attorneys in 15 offices providing a broad range of legal services in the areas of labor and employment, employee benefits, litigation, corporate and real estate. Seyfarth’s clients include over 300 of the Fortune 500 companies and reflect virtually every industry and segment of the economy. A recognized leader in delivering value and innovation for legal services, Seyfarth has earned numerous accolades from a variety of highly respected industry associations, consulting firms and media.
ThomannFischer is one of the leading commercial law boutiques situated in the center of Europe with a strong emphasis on intellectual property, technology and competition law. Founded in 1998, the firm provides reliable support covering all aspects of commercial law to national and international clients. The firm’s affinity to competition/antitrust and IP law is enhanced by its location in Basel, home to Europe’s biggest life sciences and pharmaceutical cluster. In order to handle and supervise international legal transactions, the firm provides comprehensive expertise in litigation and client counselling work across all fields of competition, antitrust and intellectual property law in the various jurisdictions of the main markets worldwide, as the US, European and Asian-Pacific market.
About Analysis Group
Analysis Group is one of the largest international economics consulting firms, with more than 1,000 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.