Defending Fraud Claims in Consumer Class Actions

Monday, October 15, 2007

About

Mitigate the Enormous Financial Risks Associated with Consumer Product Fraud Class Actions

Consumer protection statutes arm consumers and the plaintiff’s bar with a powerful weapon for suing consumer products manufacturers, retailers, wholesalers, and service providers. Not only can plaintiffs recover actual damages, but many state consumer protection statutes allow for treble damages in addition to an award of attorney’s fees. Recent examples of the financial burden incurred as a result of these lawsuits include a financial company which settled consumer protection cases for $215 million and an online payment company which agreed to pay $5.2 million to settle deceptive practices claims.

Defending against claims brought under state consumer protection statutes is no small task - you must manage public media attacks while developing creative arguments to combat the case on the merits. You must also mine discovery to your client’s advantage and develop a settlement strategy that will minimize risk and foreclose future liability.

Because these types of “economic injury” cases are easier to certify as class actions, defense counsel needs specific strategies to defend consumer fraud allegations. ACI’s Defending Consumer Product Fraud Class Actions is the only publication that recognizes the unique and daunting task of defending cases brought pursuant to consumer protection statutes. This conference has been specifically designed to provide consumer products manufacturers, retailers, wholesalers, and service providers with the best strategies for early disposition of cases, tips for defeating broad claims, and tactics for managing parallel civil and government proceedings. This publication will enable you to prepare for your next consumer product claim with winning results.

Contents & Contributors

About

Mitigate the Enormous Financial Risks Associated with Consumer Product Fraud Class Actions

Consumer protection statutes arm consumers and the plaintiff’s bar with a powerful weapon for suing consumer products manufacturers, retailers, wholesalers, and service providers. Not only can plaintiffs recover actual damages, but many state consumer protection statutes allow for treble damages in addition to an award of attorney’s fees. Recent examples of the financial burden incurred as a result of these lawsuits include a financial company which settled consumer protection cases for $215 million and an online payment company which agreed to pay $5.2 million to settle deceptive practices claims.

Defending against claims brought under state consumer protection statutes is no small task - you must manage public media attacks while developing creative arguments to combat the case on the merits. You must also mine discovery to your client’s advantage and develop a settlement strategy that will minimize risk and foreclose future liability.

Because these types of “economic injury” cases are easier to certify as class actions, defense counsel needs specific strategies to defend consumer fraud allegations. ACI’s Defending Consumer Product Fraud Class Actions is the only publication that recognizes the unique and daunting task of defending cases brought pursuant to consumer protection statutes. This conference has been specifically designed to provide consumer products manufacturers, retailers, wholesalers, and service providers with the best strategies for early disposition of cases, tips for defeating broad claims, and tactics for managing parallel civil and government proceedings. This publication will enable you to prepare for your next consumer product claim with winning results.

Contents & Contributors

STRATEGIES FOR USING THE PRE-CERTIFICATION PERIOD TO THE DEFENSE’S ADVANTAGE
Christopher J. Michie, Dechert LLP (Princeton, NJ)
John J. Mulderig, Altria Corporate Services Inc. (New York, NY)
Brian Anderson, O’Melveny & Myers LLP (Washington, DC)

ADVANCED TACTICS FOR DEFEATING CLASS CERTIFICATION: WHEN PLAINTIFFS DON'T NEED TO PROVE INDIVIDUAL KNOWLEDGE OR RELIANCE
Steven B. Weisburd, Dechert LLP (Austin, TX)

HIGHLIGHTING DIFFERENTIAL CLASS CHARACTERISTICS AS A MEANS OF OPPOSING CLASS CERTIFICATION
Robb W. Patryk, Hughes Hubbard & Reed LLP (New York, NY) TAKING THE CASE TO TRIAL - AND WINNING - IN “ECONOMIC INJURY” CASES
Matthew M. Neumeier, Howrey LLP (Chicago, IL)

TAKING THE CASE TO TRIAL – AND WINNING – AFTER CLASS CERTIFICATION
Peter L. Winik, Latham & Watkins LLP (Washington, DC)

MANAGING DISCOVERY OF “PATTERN AND PRACTICE” AND OTHER TYPES OF EVIDENCE TO CONTROL CASE OUTCOME
J.L. Novak, AOL LLC (Dulles, VA)

TOP 10 E-DISCOVERY MISTAKES
Mark Herrmann, Jones Day (Chicago, IL)

MANAGING DISCOVERY: LITIGATION HOLDS
Michael L. Mallow, Loeb & Loeb LLP (Los Angeles, CA)

CHALLENGING CONSUMER PERCEPTION SURVEY AND OTHER EXPERTS AT THE CERTIFICATION STAGE
Thomas A. Smart, Kaye Scholer LLP (New York, NY)

SETTLING CONSUMER PROTECTION CASES
Suzanne V. Wilson, Arnold & Porter (Los Angeles, CA)

IMPACT OF THE CLASS ACTION FAIRNESS ACT ON KEY LITIGATION AND SETTLEMENT DECISIONS
Jeffrey S. Jacobson, Debevoise & Plimpton LLP (New York, NY)

CLASS ACTION FAIRNESS ACT: ANALYZING ITS EFFECT ON CLASS ACTION LITIGATION
Jennifer L. Brown, Shook, Hardy & Bacon L.L.P. (San Francisco, CA)

THE GATHERING STORM: PENDING LEGISLATION TO REFORM THE CONSUMER PRODUCT SAFETY ACT
Christopher R. Brewster, Kaye Scholer LLP (Washington, DC)

ETHICAL ISSUES IN CLASS ACTION LITIGATION
Michael Hassen, Jeffer, Mangels, Butler & Marmaro LLP (San Francisco, CA) Robert D. Phillips, Jr., Reed Smith LLP (Los Angeles, CA)

TRUTH IN ADVERTISING: FTC RULES OF THE ROAD
Thomas A. Cohn, Federal Trade Commission (New York, NY)

REFUTING FALSE ADVERTISING CLAIMS AND AVERTING REGULATORY ACTION
Jeffrey A. Greenbaum, Frankfurt Kurnit Klein & Selz, PC (New York, NY)



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0