About
Since CAFA was enacted, there has been a 72% increase in overall federal class action activity for comparable periods in 2001 and 2007, including a dramatic increase in the number of diversity class actions filed (reported in the Federal Judicial Center’s 4th Interim Report to the Judicial Conference Advisory Committee on Civil Rules). This surge in activity comes at a time when class action litigation had already been established as one of the most debilitating attacks on corporate America. In addition to the direct costs of the litigation, there is also a huge collateral impact on company resources and public image as the case drags on.
In spite of this, many companies have been slow to realize that a combative strategy may be the best possible recourse. In order to counter the ongoing attacks by plaintiff attorneys, taking an uncompromising approach to winning the case is the best strategy for defendants and their counsel.
To aid you in creating the defense strategy that works best for your client, American Conference Institute assembled the nation’s top class action defense litigators to provide you with specific, tactical strategies for achieving early and advantageous disposition of class action litigation in this publication from ACI’s 2nd Annual Defense Counsel Summit on POSITIONING THE CLASS ACTION DEFENSE FOR EARLY SUCCESS.
Contents & Contributors
NEW DEVELOPMENTS AND TRENDS IN CLASS ACTION LITIGATION
John Beisner, O’Melveny & Myers LLP (Washington, DC)
FACTORING NEW DEVELOPMENTS AND TRENDS IN CLASS CERTIFICATION INTO DEFENSE STRATEGIES
Charles B. Casper, Montgomery, McCracken, Walker & Rhoads LLP
(Philadelphia, PA)
VIGOROUSLY CHALLENGING AND DEFEATING CLASS CERTIFICATION
Daniel M. McClure, Fulbright & Jaworski L.L.P. (Houston, TX)
Christopher M. Murphy, McDermott Will & Emery LLP (Chicago, IL)
William L. Stern, Morrison & Foerster LLP (San Francisco, CA)
CALIFORNIA’S UNFAIR COMPETITION LAW AND CONSUMER LEGAL
REMEDIES ACT
William L. Stern, Morrison & Foerster LLP (San Francisco, CA)
MANAGING DATA AND RESPONDING TO AND PURSUING DISCOVERY
IN THE MOST EFFICIENT AND COST-EFFECTIVE WAY FOR YOUR CLIENT
Daniel M. Blouin, Seyfarth Shaw LLP (Chicago, IL)
Todd A. Noteboom, Leonard, Street and Deinard (Minneapolis, MN)
NAVIGATING ETHICAL GREY AREAS IN CLASS ACTION LITIGATION
Anthony J. Anscombe, Sedgwick, Detert, Moran & Arnold LLP (Chicago, IL)
SAFELY NAVIGATING ETHICAL GRAY AREAS IN CLASS ACTION
LITIGATION
Angel A. Garganta, Arnold & Porter LLP (San Francisco, CA)
ADVANTAGES OF THE EARLY MEDIATION STRATEGY
Keith C. Hult, Littler Mendelson P.C. (Chicago, IL)
ARBITRATION AND CLASS ACTIONS
James M. Schurz, Morrison & Foerster LLP (San Francisco, CA)
THE CLASS ACTION FAIRNESS ACT OF 2005: OUTLINE OF HIGHLIGHTS
Marci A. Eisenstein, Schiff Hardin LLP (Chicago, IL)
ASSESSING STRATEGIC VENUE CONSIDERATIONS TRIGGERED BY CAFA AND ADDRESSING THE STILL-UNRESOLVED CAFA ISSUES IMPACTING
CLASS ACTIONS TODAY
Anthony Rollo, CAFA Law Blog
Marci A. Eisenstein, Schiff Hardin LLP (Chicago, IL)
Holly E. Loiseau, Weil, Gotshal & Manges LLP (Washington, DC)
USING SUBSTANTIVE DEFENSES IN CLASS ACTION LITIGATION
Cari K. Dawson, Alston & Bird LLP (Atlanta, GA)
Dana J. Dunwoody, Sheppard Mullin Richter & Hampton LLP
(CA, NY, DC and Shanghai)
Charles Lifland, O’Melveny & Myers LLP (Los Angeles, CA)
Andrew J. McGuinness, Dykema (Ann Arbor, MI)
Gail E. Lees, Gibson, Dunn & Crutcher LLP (Los Angeles, CA)
Publication Details