Consumer Finance Class Action Litigation and Settlement Trends and New and Emerging Procedural Considerations: Certification, Class Ascertainability Issues, and Other Procedural Developments, New Cases, Emerging Theories of Liability,

July 28, 2016 12:05pm

Marcel C. Duhamel

Vorys, Sater, Seymour and Pease LLP

Bryan A. Fratkin

McGuireWoods LLP

Simon Fleischmann

Locke Lord LLP

Patrick J. Ivie
Executive Vice President
KCC

Gregory S. Korman

Katten Muchin Rosenman LLP

  • Assessing the evolving landscape of class litigation
  • Overview of recent noteworthy class action cases and settlements
  • What is now required in order to obtain or defeat class certification?
  • Issues relating to the ascertainability of class and class members
  • Evaluating recent developments relating to Rule 23(b) class certifications
  • Using expert testimony and data to make a direct challenge to a class certification
  • Assessing the latest theories of liability and emerging defense strategies
  • Class actions arising from federal and state activities, especially those of the CFPB and state attorneys general
  • UDAP/UDAAP litigation and class actions
  • Recent developments in class action law and their impact on consumer finance litigation
  • New developments relating to jurisdiction and removal under CAFA
  • The status of class action waivers and arbitration
  • Settlement trends – what types of cases are likely to be settled now and in the near-term?
  • Innovative and effective settlement strategies
  • Strategic benefits of settling with a class representative
  • Impact that insurance can have on settlement strategies
  • Impact of recent 7th Circuit decisions on the class action landscape
  • New hurdles in obtaining class settlement approvals, particularly in the 7th Circuit
  • Strategies for defending consumer finance class actions in unfavorable jurisdictions
  • Considerations for corporate counsel when facing a class action
  • Managing and defending multiple cases simultaneously (individual claims, class actions, and regulatory and enforcement actions)