Agenda
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Day 1 - Monday, May 1, 2023
Day 2 - Tuesday, May 2, 2023
Post-Conference Workshop
Workshop — LAB – Learn, Apply, and Benchmark: Interactive FDA Consumer Product Class Action Defense Exercise
May 2, 2023 2:00pm – 05:00 PM
Day 1 - Monday, May 1, 2023
8:45 |
Co-Chairs’ Opening Remarks![]() David Biderman ![]() Lori Leskin |
9:00 |
Cross-Industry Class Action Roundup: Examining the Latest Class Action Trends in Food, Cosmetics and Dietary Supplements![]() Sabrina Mizrachi ![]() Christine McInerney ![]() Amanda Weinberger ![]() Mark Brian Levine ![]() Urmi Patel Moderator:![]() David Biderman In our morning roundup, leading in-house counsel from the food, cosmetic, and dietary supplements industries will provide an analysis of the latest class action activity targeting their respective industries. Topics of discussion will include:
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10:15 |
Exploring How New Legislation and Agency Guidance Will Impact Future Class Action Litigation Involving FDA Consumer Products![]() Megan Olsen ![]() Joseph Conklin
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11:00 |
Morning Coffee Break |
11:30 |
A Cross-Circuit Analysis of Recent Class Certification Developments in Food, Cosmetics and Supplements Class Actions![]() Lori Leskin ![]() Thomas Sullivan
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12:15 |
To Respond or Not Respond? What to Do After You Receive the Demand Letter![]() Stefanie Fogel Class actions lawsuits affecting food cosmetics, and supplements usually begin with a demand letter. This session will provide a look at recent demand letter trends affecting these industries and strategies to employ for when one arrives on your desk.
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1:00 |
Networking Luncheon |
2:00 |
Contamination Class ActionsContaminant Class Actions: What Every Defense Attorney for an FDA-Regulated Consumer Industry Needs to Know About PFAS, Heavy Metals, and Titanium Dioxide![]() Dale Giali ![]() Aliza R. Karetnick Contaminants such as PFAS – forever chemicals, heavy metals, and other trace substances are spawning a new breed of highly aggressive class action litigation. They are affecting almost every industry but are of particular concern to the FDA-regulated consumer goods sector. What’s more, the plaintiffs’ bar has begun bringing putative class actions alleging that the presence of Titanium Dioxide makes consumer products unsafe. This panel will examine recent contaminant class actions affecting these industries and provide insights on what to do if your company is hit with one of these lawsuits. This panel will examine: PFAS, Heavy Metals & Other Trace Chemicals
Spotlight on Titanium Dioxide: The Latest Target in FDA-Regulated Consumer Product Class-Action Lawsuits
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3:15 |
Afternoon Break |
3:30 |
Understanding How Prop 65 Activity is Influencing Class Actions Against FDA-Regulated Consumer Product Companies![]() Amy Lally ![]() Rohit Sabnis
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4:15 |
Tactical Tools for Class Action Prevention: How Proper Claims Substantiation and Sound Labeling Practices Are Sometimes Your Best Offense![]() Abby Meyer ![]() Matthew Orr
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5:00 |
Conference Adjourns |
Day 2 - Tuesday, May 2, 2023
8:45 |
Co-Chairs’ Welcome Back and Recap of Day 1 |
9:00 |
Understanding How Consumer Protection Groups, Independent Labs and the Plaintiff’s Bar Are Working in Tandem to Police Claims, Labeling, and Other Marketing Practices Leading to Class Actions![]() Thomas A. Evans ![]() Amy Mudge ![]() Claudia Lewis
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9:45 |
Crafting Successful Jurisdiction, Standing and Preemption Arguments at the Motion to Dismiss Stage![]() Kristine Argentine ![]() Jonah Knobler
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10:30 |
A New Look at Preemption: Recent Developments Impacting How Food, Cosmetic and Supplement Defendants May Rely on this Defense in Future Class Actions![]() Jessica Davidson
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11:00 |
Morning Coffee Break |
11:30 |
Combatting New and Creative Plaintiff’s Bar Tactics in FDA Consumer Product Class Actions![]() Jason Meltzer ![]() Jason Stiehl
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12:15 |
Advanced Settlement Strategies for FDA-Regulated Consumer Product Class Actions![]() Kimberly Bousquet ![]() Hih Song Kim
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1:00 |
Conference Ends |
Workshop — LAB – Learn, Apply, and Benchmark: Interactive FDA Consumer Product Class Action Defense Exercise
What is it about?
This hands-on workshop will test your litigation savvy through a series of complex, hypothetical scenarios which may arise in an FDA-regulated consumer product class action. Using audience polling, you will discover how your approach to mounting and tackling a class action defense compares to your peers. Benefit from a practical discussion of the polling results and walk away with winning strategies for all phases of a class action litigation, including:
- Designing thorough internal class action preparedness protocols
- Forging pre-suit defense strategies
- Establishing document hold and retention policies
- Pre-suit demand letter protocols
- Considerations for budgeting and forecasting of litigation costs
- Building joint litigation agreements
- Class formation challenges
- Discovery challenges
- Knowing when going to trial is the right thing to do
- Understanding when settlement is your best option