Statutory Damages and Class Action Defense: Litigation Strategies You Should Know
To hear a certain class action litigation case, courts typically require an "injury-in-fact", a concrete, particular, or actual harm that may amount to compensable injury under state law. In some cases, however, such damages are hard to prove, thus increasing the probability of case dismissal. This is when statutory damages become most useful to plaintiffs.
Used in previous cases, and stressed during Spokeo, statutory damages provide plaintiffs with significant procedural advantages, without requiring them to prove the actual harm or monetary value of a particular damage. However, as useful as it may seem, such damages are also often abused and misused, and may put businesses in a more serious case liability.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help companies understand the important aspects of this significant topic. They will provide an in-depth discussion of statutory damages in class action litigation. Speakers will also offer litigation strategies businesses need to know to strengthen their class action defense.
Key topics include:
- Statutory Damages vs. Injury-in-Fact
- Recent Developments
- Post-Spokeo Developments
- What Lies Ahead in 2018
- Significant Cases to Look For
- Class Action Defense Strategies
Andrew S. Jick, Attorney
Akin Gump Strauss Hauer & Feld LLP
- Trends in statutory class actions (including trends in filing claims under specific statutes and discussion of large settlements/verdicts in such cases)
- Developments in statutory damages class actions under privacy statutes, focusing on TCPA and VPPA (including discussion of standing in these cases and other topics)
- Strategies for defeating class certification in statutory damages class actions
Annica Bianco, Attorney
Kilpatrick Townsend & Stockton LLP
- Developments in Statutory Damages Class Actions under Consumer Credit Statutes (a discussion of trends in standing jurisprudence with a focus on FACTA and FCRA and other topics)
- Litigating with the Bottom Line in Mind (a discussion of judicial discretion in statutory fee shifting and other topics)
- Watch This Space in 2018 (a review of litigation and legislation of interest including on questions of damages and standing)
Who Should Attend:
- Attorneys defending class actions
- Corporate Counsel
- In-house lawyers
- Arbitration Law Attorneys
- Litigation Officers
- Litigation Attorneys
- Senior Counsel
- Other Related and Interested Professionals
Andrew Jick concentrates his practice on complex commercial litigation, with an emphasis on consumer class action defense, securities fraud class action defense and intellectual property matters. Mr. Jick has extensive experience defending class action lawsuits involving claims for false advertising, unfair business practices and violations of federal securities laws.
Andrew Jick concentrates his practice on complex commercial litigation, with an emphasis on consumer class action defense, securities fraud class …
Annica Bianco is litigation associate based in Kilpatrick Townsend’s Seattle office. She focuses her practice on complex commercial litigation in both federal and state court. She represents corporations, entities, and individuals in class actions, antitrust litigation, and general commercial disputes. Prior to joining Kilpatrick Townsend, Annica was a litigation associate in the New York City office of an international law firm where she was a member of its financial services litigation team and focused her practice on complex financial services and investment disputes. Previously, Annica was special assistant corporation counsel in the Manhattan Tort Unit of the New York City Law Department. Annica obtained her J.D. from the University of Michigan Law School and B.A. in international relations from Tufts University.
Annica Bianco is litigation associate based in Kilpatrick Townsend’s Seattle office. She focuses her practice on complex commercial litigation in …
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Method of Presentation:
Experience in civil litigation
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About Akin Gump Strauss Hauer & Feld LLP
Akin Gump Strauss Hauer & Feld LLP’s consumer class action litigators have a well-established track record of success in defeating putative consumer class actions. The team has obtained numerous victories in consumer class actions, at trial and in advance of trial, through dismissals with prejudice at the pleadings stage, summary judgment motions, voluntary dismissals by plaintiffs after obtaining key admissions in discovery and countless denials of class certification. According to The American Lawyer, the team has achieved “bet-the-company wins for clients across the country.” Our lawyers are experienced in key legal areas, such as the enforceability of class action waivers in arbitration agreements; standing to pursue consumer protection claims, technology and privacy; and the efficacy of consumer disclosures. They appear regularly before states’ attorneys general, the Federal Trade Commission (FTC), Consumer Financial Protection Bureau, and Securities and Exchange Commission, all of which affect class action defense.
About Kilpatrick Townsend & Stockton LLP
Kilpatrick Townsend’s lawyers are fully engaged in the success of the firm's clients. We are organized in three departments – Corporate, Intellectual Property, and Litigation – which collectively aspire to nothing less than excellent client service. With approximately 630 lawyers, Kilpatrick Townsend is among the 75 largest firms in the United States. We serve clients around the world from our 18 offices in California, Colorado, District of Columbia, Georgia, New York, North Carolina, Texas, Washington, Shanghai, Stockholm and Tokyo. Learn more at www.kilpatricktownsend.com.