Workshop C — Class Action Boot Camp: A Comprehensive Guide to Ensuring Class Action Preparedness and Devising Tactical Litigation Strategies

Jun 29, 2023 2:30pm – 05:00 PM

Christopher Cole
Katten Muchin Rosenman LLP (Washington, DC)

Theodora (“Teddy”) McCormick
Epstein Becker & Green PC (Princeton, NJ)

Dietary supplements have been a significant target of class action demands for a number of years and this trend shows no signs of slowing down. As the plaintiff’s bar continues to seek out new ways to challenge supplement claims and labeling as false and misleading, it is no longer a question of “if” you will be sued, but “when” you will be sued.

In response to the continued risk from class action litigation, ACI and CRN have created this workshop to help in-house counsel as well as the regulatory team that they work with develop a class action defense preparedness plan. Attend to develop comprehensive protocols including offensive tactics and defensive strategies which may help insulate from the plaintiff’s bar’s latest maneuvers.

Topics of discussion will include:

  • Designing thorough internal class action preparedness protocols
  • Understanding how offensive strategies such as sound advertising claims substantiation practices can be your best defense and nip a class action in the bud
  • Tracking government and consumer protection group enforcement activity on which the plaintiff’s bar might try to piggy-back
  • Predicting when you may be a class action target
  • Developing pre-suit defense strategies
  • Implementing best practices for navigating pre-suit demand letters and complaints
  • Considerations for budgeting and forecasting of litigation costs
  • Comprehending how to allocate contractual liability in view of class actions
  • Understanding when and how to enlist outside counsel
    • Understanding how to make the “fish or cut bait” decision
    • Which actions are worth fighting and which should be settled right away?
    • Grasping what types of cases settle, which don’t, and how much should be paid