Day 1 - Monday, April 3, 2017

7:30
Registration and Continental Breakfast
8:00
Co-Chairs’ Welcome Remarks
8:05
In-House Insights on Managing Class Actions from Start to Finish: Responding to Claims, Selecting Law Firm Counsel, Strategies for Managing Litigation Costs and Budgets, Adapting Key Defense Strategies, Key Settlement Considerations and Beyond
10:00
Morning Break
10:25
Class Action Development Round-Up by Key Industry: Securities, Consumer Products, Wage & Hour/FLSA, Environmental, and Beyond
11:15
Article III Standing and Class Certification Post-Spokeo – New Legal Issues Sprouting Since the Decision, Lower Court Application and Interpretation, Addressing Unpredictable Standing Challenges and Key Class Action Defense Takeaways
12:05
The Use of Representative or Statistical Evidence to Substantiate Class Claims Post-Tyson Foods v. Bouaphakeo – Examining the Fallout and Critical Nuances to Consider When Developing Your Litigation Strategy
12:55
Networking Lunch for Speakers and Delegates
1:55
Strategies for Stopping Class Actions Before They Start: Establishing an Early Off-Ramp to the Class Action Lawsuit
2:40
Winning Arbitration Strategies for Class Action Litigators, and the Future of Class Action Waivers in Arbitration Agreements Given the New Administration and the Recent Circuit Court Split on the Issue
3:30
Afternoon Break
3:40
Mock Settlement Exercise: Top Strategies for Securing Class Settlement Approval in the Face of Intense Judicial Scrutiny and Hurdles
4:35
Strategically Approaching the Hot Button Issue of Class Action Ascertainability in Your Case, and Defeating the “Fail Safe” Class Definition: Crucial Insights from Seasoned Litigators Based on Real Life Case Scenarios
5:20
Can Plaintiffs Force an Appeals Court to Reconsider a Class Certification Denial by Voluntarily Dismissing Their Claim with Prejudice? Examining the Potential Implications of the Supreme Court Decision in Microsoft v. Baker
6:00
Conference Adjourns

Day 2 - Tuesday, April 4, 2017

7:30
Continental Breakfast
8:00
View from the Bench
9:40
Morning Break
9:45
Effective Discovery Strategies in Class Action Litigation: Managing Data, Overcoming Challenges of E-Discovery, the Use of Survey Evidence, and Pursuing Discovery in the Most Efficient and Cost-Effective Way for Your Client
10:30
The Expanding Proliferation of Class Action MDL’s (Multidistrict Litigation) and Ways to Combat Plaintiffs’ Strategic Filing of Multiple Federal and State Class Actions Based on the Same Alleged Problem
11:10
Tackling Unique Ethical Considerations in Class Action Litigation (1 Ethics Credit)
12:10
Conference Ends

Day 1 - Monday, April 3, 2017

7:30
Registration and Continental Breakfast
8:00
Co-Chairs’ Welcome Remarks

Hannah Y. Chanoine
Counsel
O’Melveny & Myers, LLP

A. Craig Cleland
Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

8:05
In-House Insights on Managing Class Actions from Start to Finish: Responding to Claims, Selecting Law Firm Counsel, Strategies for Managing Litigation Costs and Budgets, Adapting Key Defense Strategies, Key Settlement Considerations and Beyond

Panel 1 (8:05 – 9:10)

Kacy Goebel
Corporate Counsel
The Home Depot

Eric J. Spett
Vice President & Associate General Counsel
Ocwen Financial Corporation

Lynne Bezikos LeBlanc
Senior Counsel
Philips Consumer Lifestyle

Syeda LeBlanc
Vice President & Associate General Counsel
HMS Host

Richard Heller
Senior Vice President and General Counsel
Legal Sea Foods

Deborah G. Solmor
Vice President & Deputy General Counsel, Litigation
Career Education Corporation

Panel 2 (9:10 – 10:15)

Reginald C. Johnson
Assistant General Counsel
Family Dollar Stores, Inc.

Alice S. Wang
General Counsel
National Creditors Connection, Inc.

Jason J. Stephans
Senior Counsel
DSM Nutritional Products, LLC and i-Health, Inc.

Thomas D. Graber
Vice President, Deputy General Counsel & Chief Litigation Counsel
CoreLogic

Jennifer Fease
Associate General Counsel
Equifax

Sarah Topy
Counsel
Procter & Gamble (Cincinnati, OH)

Panel 1 & 2 Moderator:

Michael D. Ferachi
Member
McGlinchey Stafford PLLC

10:00
Morning Break
10:25
Class Action Development Round-Up by Key Industry: Securities, Consumer Products, Wage & Hour/FLSA, Environmental, and Beyond

Timothy G. Blood
Managing Partner
Blood Hurst & O'Reardon LLP

James K. Langdon
Partner
Dorsey & Whitney LLP

A comprehensive overview of the latest most notable class action developments across industries:

  • Securities / securities fraud
  • Consumer products
  • Wage and Hour / FLSA
  • Environmental class actions
  • Food and Beverage

11:15
Article III Standing and Class Certification Post-Spokeo – New Legal Issues Sprouting Since the Decision, Lower Court Application and Interpretation, Addressing Unpredictable Standing Challenges and Key Class Action Defense Takeaways

Robert M. Carmen
Senior Complex Claims Director
AIG

P. Russell Perdew
Partner
Locke Lord LLP

Andrew J. Demko

Katten Muchin Rosenman LLP

12:05
The Use of Representative or Statistical Evidence to Substantiate Class Claims Post-Tyson Foods v. Bouaphakeo – Examining the Fallout and Critical Nuances to Consider When Developing Your Litigation Strategy

Brent R. Austin
Partner
Eimer Stahl LLP

Gary F. Lynch
Partner
Carlson Lynch Sweet & Kilpela LLP

Derek Ho

Kellogg, Hansen, Todd, Figel & Frederick, PLLC.

  • Examining the fallout of Tyson and the implications of the decision on proving damages in class actions, and FLSA collective actions
  • How are parties using Tyson to help with damages theories and modeling? How is this impacting use of experts?
  • How is this decision rippling through and impacting class actions?
  • Defense strategies for taking the offensive and using plaintiffs’ own sampling to defeat class allegations

12:55
Networking Lunch for Speakers and Delegates
1:55
Strategies for Stopping Class Actions Before They Start: Establishing an Early Off-Ramp to the Class Action Lawsuit

Michael Mallow

Sidley Austin LLP

Mary Beth Buckley

Sedgwick LLP

  • What trends are being seen in consumer issues the plaintiffs’ bar is focusing on in bringing class claims? How can defense lawyers strategically act to prevent such claims before they are filed?
  • Documents and procedures that can allow for an early
    off-ramp to a class action lawsuit
  • Contract clauses escalating dispute resolution provisions (requiring a chance for the corporate defendant to try and resolve a dispute before a lawsuit is filed)
  • Setting up the argument that one person cannot fulfill that prerequisite for an entire class
  • Strategies for avoiding or defending class claims through early motion practice; strategies for aggressive early motion practice on the class pleading before the merits issues

2:40
Winning Arbitration Strategies for Class Action Litigators, and the Future of Class Action Waivers in Arbitration Agreements Given the New Administration and the Recent Circuit Court Split on the Issue

Anthony J. Laura
Partner
Epstein Becker & Green

Theane Evangelis

Gibson, Dunn & Crutcher LLP

  • The latest developments and trends in class action arbitration
  • Assessing the benefits and risks of class arbitration
  • Winning arbitration strategies for class action litigators – identifying the greatest challenges and how to overcome them
  • Assessing the conflicting standards regarding the enforceability of class action waivers in arbitration agreements given the recent circuit court split on the issue – what does the future hold?
  • Will the Trump administration set the anti-arbitration advocates and agencies back?

3:30
Afternoon Break
3:40
Mock Settlement Exercise: Top Strategies for Securing Class Settlement Approval in the Face of Intense Judicial Scrutiny and Hurdles

Hon. Anthony J. Mohr
Judge
Los Angeles Superior Court

Tina Wolfson

Ahdoot & Wolfson, PC

Douglas Weiner

Lipman & Plesur, LLP

  • Tips, best practices and key strategies for dealing with the court approval process of class settlements
  • What are the biggest hurdles and challenges attorneys are facing in obtaining settlement approval? What are courts looking at to determine if a settlement is valid?
  • Court examination of settlement proposition
  • Rule 23 and notice requirements
  • The claims process
  • Procedural guidance for class action settlements and the issue of attorney’s fees
  • Preliminary approval and settlement administration
  • Exclusions, objections and what a court can and cannot do with cy pres awardees

4:35
Strategically Approaching the Hot Button Issue of Class Action Ascertainability in Your Case, and Defeating the “Fail Safe” Class Definition: Crucial Insights from Seasoned Litigators Based on Real Life Case Scenarios

Christopher Landgraff

Bartlit Beck Herman Palenchar & Scott LLP

Robert Rutherford

Burr & Forman LLP

  • The most persuasive arguments for ascertainability in the class certification phase
  • The most strategic ways defendants are attacking ascertainability in the class certification phase
  • Protecting the right to due process
  • Examining the latest case law relating to the “fail safe” class definition
  • Strategies for avoiding/defeating the creation of a fail safe class
  • When are courts willing to permit revision of class definitions to remedy fail safe classes?

5:20
Can Plaintiffs Force an Appeals Court to Reconsider a Class Certification Denial by Voluntarily Dismissing Their Claim with Prejudice? Examining the Potential Implications of the Supreme Court Decision in Microsoft v. Baker

Jennifer Quinn-Barabanov
Partner
Steptoe & Johnson LLP

P. Russell Perdew
Partner
Locke Lord LLP

  • Expert insights into the Supreme Court case of Microsoft v. Baker
  • Can a party have standing to bring a claim in a class action suit in the absence of a recognized class of individuals harmed?
  • What are the arguments?
  • What have the circuit courts said?
  • Is this a legitimate loophole in the law that makes it easier to bring class action lawsuits?
  • What will the implications of this decision be?

6:00
Conference Adjourns

Day 2 - Tuesday, April 4, 2017

7:30
Continental Breakfast
8:00
View from the Bench

Hon. Michael M. Baylson

U.S. Dist. Ct., E.D. Pa.

Hon. James L. Robart

U.S. Dist. Ct., W.D. Wash.

Hon. David Hittner
District Court Judge
U.S. Dist. Ct., S.D. Tex.

Hon. Kurt D. Engelhardt

U.S. Dist. Ct., E.D. La.

Hon. Paul M. Warner

U.S. Dist. Ct., D. Utah

Hon. Ruben Castillo

U.S. Dist. Ct., N.D. Ill.

Hon. Timothy C. Batten
U.S. District Court Judge
U.S. District Court for the Northern District of Georgia

Hon. Anthony J. Mohr
Judge
Los Angeles Superior Court

Hon. Sarah Hicks Stewart

13th Jud. Circ., Mobile County, Alabama

Hon. Sean W. McPartland

Sixth Judicial District of Iowa

Moderator:

A. Craig Cleland
Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

9:40
Morning Break
9:45
Effective Discovery Strategies in Class Action Litigation: Managing Data, Overcoming Challenges of E-Discovery, the Use of Survey Evidence, and Pursuing Discovery in the Most Efficient and Cost-Effective Way for Your Client

Eva W. Cole
Partner
Winston & Strawn LLP

Jonathan Gardner

Labaton Sucharow LLP

  • Proportionality and discovery planning in a class actions
  • Overcoming the challenges of e-discovery in class actions
  • The impact of state and federal e-discovery rules
  • Engaging legal and e-discovery class proceedings experts
  • Taking the right steps to preserve data in the most cost-effective way
  • Optimal strategies for limiting the scope of e-discovery
  • Avoiding e-discovery traps set by plaintiffs
  • The latest trends in the use of survey evidence in class actions; examining the benefits, challenges and implications

10:30
The Expanding Proliferation of Class Action MDL’s (Multidistrict Litigation) and Ways to Combat Plaintiffs’ Strategic Filing of Multiple Federal and State Class Actions Based on the Same Alleged Problem

Michael B. Gallub
Member
Herzfeld & Rubin, P.C.

David Marriott

Cravath, Swaine & Moore LLP

  • Combatting plaintiffs’ strategies of:
    • Attempting to maneuver an MDL into a target venue
      by stacking multiple duplicative class actions
    • Attempting to maneuver an MDL to a desired judge through unreasonable pursuit of accelerated relief and court orders
    • Creating multiple battle fronts through targeted federal and state filings
    • Forum shopping in the state system, and creating state MDLs to compete with the federal MDL
    • Orchestrating the filing of individual (non-class) actions based upon the same controversy
    • Attempting to have the action treated as a “class action”
      at the pleadings and discovery stages
    • Pursuing unfounded and burdensome document and document preservation issues
    • Creating issues designed to increase the scope, cost and “stakes” of the litigation
    • Other strategies designed to impair defendants’ procedural and substantive rights

11:10
Tackling Unique Ethical Considerations in Class Action Litigation (1 Ethics Credit)

Van H. Beckwith
Partner
Baker Botts LLP

Hannah Y. Chanoine
Counsel
O’Melveny & Myers, LLP

  • Duty of loyalty
  • Conflicts within cases
  • Communications with class members
  • State variations
  • Looking at the differences among class members
  • Preserving Privilege
    • Best practices for preserving privilege
    • Legal communications
    • Witness interviews
    • E-communications
    • Common interest privileges
    • Joint defense privilege
    • Common defense privilege
    • Model rule review

12:10
Conference Ends