Eric Gibbs | Partner | Gibbs Law Group
A leading prosecutor of consumer protection and mass tort matters. Has been lead counsel, class counsel, and liaison counsel in dozens of high-profile class actions and coordinated proceedings. Currently serves in leadership roles in actions involving: Honda, Anthem, Risperdal, Hyundai, Visio, more. Learn more.
Ariana J. Tadler | Partner | Milberg LLP
Nationally recognized member of the plaintiffs’ bar. 20+ years of experience litigating and managing complex securities and consumer class actions. Leadership roles in class actions involving: Target, Frito-Lay, ConAgra, MicroStrategy Securities, and more.Learn more. Also, a partner at Metae Discovery. Learn more.
The Roosevelt Hotel | 45 East 45th Street | New York
This event will be eligible for CLE
$695 per attorney
$395 for paralegals and law firm staff
$395 for faculty firms
$1,195 for service providers
Ask about group rates.
Sponsorships start at $2,500. Ask for options. Share your objectives.
Brownie Bokelman| (484) 324-2755 x2120
Suzanne Armstrong | (484) 324-2755 x2050
AGENDA | MAY 9, 2018
Class actions. They have been responsible for attacking bad behavior and preventing powerful organizations from turning a profit on the backs of individuals. But class action practice is complex and risky. It is also experiencing significant changes and challenges. Join a plaintiff-only seminar where leading plaintiff class action practitioners and related experts will address the practical aspects of this important area of law and practice.
Spokeo: What’s an Injury?
The Supreme Court answered “no” to the question: May Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute. Our panel will address various aspects of the question: now what?
• Understanding Spokeo v. Robins
• Statutory violations: are they injuries?
• When monetary or other harm is difficult to quantify
• Injury in fact: The need for ‘concrete and particularized’ injury
• Impact on class actions
• What plaintiff attorneys can do
Determining Damages in Class Actions
Once you know what the claims are you must be able to establish the monetary extent of the harm. Our panel will address:
• Proving damages on a class-wide basis: methods, models & experts
• Economic tools and case studies
• Tailoring tools for the specific needs of cases
• Cutting-edge theories in determining damages
• Interplay between damages / restitution and class certification
New Adventures in Personal Jurisdiction
In its BNSF Railway Co. v. Tyrrell decision, the Supreme Court held that its general jurisdiction holding in Daimler AG v. Bauman wasn’t limited to only certain types claims. Shortly after that the high court handed down its much-anticipated jurisdiction ruling in Bristol-Myers Squibb v. Superior Court, a win for defendants who had argued against litigation in states in which they are neither incorporated nor do business. Against this backdrop our panel will discuss:
• Prosecuting multi-state actions, especially non-MDLs
• Effect of uniform contract terms / privacy policies on choice of law in class cases
• Dealing with the ubiquity of terms of service agreements
• Geographical limitations following Bristol-Myers Squibb
• Relevant local rules
Class Certification Under 23(c)(4) of the Federal Rules
The procedure for certifying a class differs slightly among the federal system and states rules, but many states mirror what is set out in FRCP 23. Going beyond the basics of numerosity and commonality, our panel will dive into the following concepts:
• Ascertainability: How to objectively determine the members of your class.
• Multi-state actions: Choice of law, handling differences in state laws
• Issue classes: When they are appropriate and how they work
• 23(b)(2) classes: Recent developments for ‘one remedy’ actions
• Injury, harm and damages
AGENDA | MAY 10, 2018
Discovery Under (26)(b)(1): Proportionality
An article in The Sedona Conference Journal reminded readers that “achieving proportionality in civil discovery is critically important to securing the ‘just, speedy, and inexpensive resolution of civil disputes’ as mandated by Federal Rule of Civil Procedure 1.” Even with changes in the rules over the years, designed to address excessive discovery, the article says, dissatisfaction continues particularly with regard to digital discovery. “Much of this continued frustration appeared to be rooted in the perception that preservation and production burdens were not always proportional to the particular lawsuits at issue . . . . The practical ramifications of including the proportionality factors in the scope of discovery are evolving and many questions remain concerning how practitioners and judges will adjust.” Our panel of professionals with deep experience in discovery will address these questions.
• Insights from the Sedona Working Group on Document Retention & Production
• The impact of recent changes in the rules.
• A review of recent court decisions.
• An important update about ethics.
Vetting & Preparing Plaintiffs
Cases are only as strong as the claimants. Identifying claimants, selecting the lead plaintiff, and preparing them for litigation is critical to your success. Our panel will discuss:
• Preparing and defending a named plaintiff deposition
• Traps that will be used to attack adequacy and commonality
• Recent case law developments concerning adequacy of representation
Communicating with the Class
You know who they are. Now you just need to find them and communicate with them. Our panel will discuss these important elements to assembling and educating your class:
• Use of technology, websites and other internet platforms
• Building a database of potential claimants
• Directly reaching class members and avoiding Rule 23
• Current state of arbitration agreements and class action waivers
• Using (or threatening) mass actions to overcome class waivers in arbitration clauses
Ethics in Attorney Advertising
Understand the ABA Model Rules of Professional Conduct as they relate to attorney communications with potential class members. Know the important nuances, how technology plays into the equation, and what changes might be on the horizon. Our speakers will discuss:
• Rule 7.1: The need for the public to hear from attorneys and the need to prevent false and misleading advertising. How does this apply to television, internet, social media and other forms of digital advertising?
• Rule 7.2: The right and wrong of direct communications with potential clients. Email and digital newsletters vs. telephone or face-to-face communications.
• Proposed changes to the ABA model rules and how they impact your practice.