Law Seminars International Presents: The Ninth Annual Comprehensive Conference on

Class Actions and Other Aggregate Litigation
Practice tips for keeping up with a rapidly changing landscape

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

May 13 & 14, 2013
Washington State Convention Center in Seattle, WA

Who Should Order This Homestudy

Attorneys, business executives, and consultants involved with class action litigation and government officials involved with parallel investigations

Why You Should Order

2012 was another remarkable year for development of class action law, with cases pending before the U.S. Supreme Court on issues such as arbitration clauses, CAFA, experts and the Daubert rule, the rigorous analysis standard, mootness, and Article III standing. Lower courts continued to develop conflicting interpretations of the 2011 landmark decisions in Concepcion and Dukes. While these Supreme Court decisions led some to predict a significant decline in class actions, the volume of class action filings in both state and federal courts continues to be strong with ultimate outcomes uncertain.

Please join us for this program addressing important legal developments in class action law, with presentations demonstrating that class actions are far from extinct.

~ Thomas L. Boeder, Esq. of Perkins Coie LLP and Timothy G. Fielden, Esq. of Microsoft Corporation, Program Co-Chairs

What You Will Learn


Monday, May 13, 2013

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Thomas L. Boeder, Esq., Program Co-Chair
Perkins Coie LLP / Seattle, WA

Timothy G. Fielden, Esq., Assistant GC, Program Co-Chair
Microsoft Corporation / Redmond, WA

8:45 am

Annual Update on National Class Action Trends

New decisions on repetitive class actions, methods to prove class-wide damages, stipulations limiting damages to avoid federal jurisdiction, settlement classes, partial certification, and more.

Charles B. Casper, Esq.
Montgomery McCracken Walker & Rhoads LLP / Philadelphia, PA

9:45 am

California Section 17200 Update

Challenges in settling 17200 claims, federal preemption, standing to sue, pleading standards for fraud-based 17200 claims, arbitration clauses/class waivers, injunctive relief for individual and class claims, & 17200 cases on the Supreme Court docket.

Philip A. Leider, Esq.
BraunHagey & Borden LLP / San Francisco, CA

10:15 am


10:30 am

New Supreme Court Cases on Evidentiary Standards: When do Plaintiffs Need to Prove What, and How Do They Need to Do That?

Must the plaintiff present admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis? What is the standard for admissibility of expert testimony? When is expert testimony sufficient?

Charles H. Samel, Esq., Moderator
Perkins Coie LLP / Los Angeles, CA

Michael Harris, Ph.D.
Harris Economics Group / Los Angeles, CA

John H. Johnson, IV, Ph.D., President and CEO
Edgeworth Economics LLC / Washington, DC

Christopher T. Micheletti, Esq.
Zelle Hofmann Voelbel Mason & Gette LLP / San Francisco, CA

12:00 pm

Lunch (on your own)

1:15 pm

The Emerging Law on Arbitration Clauses: Follow-Up On Cases After AT&T Mobility LLC v. Concepcion

Overview of recent and pending cases: American Express case in the US Supreme Court; key Second Circuit cases; Kilgore case in the 9th Circuit; California Supreme Court cases; other case law developments

Timothy G. Fielden, Esq., Assistant GC, Program Co-Chair, Moderator
Microsoft Corporation / Redmond, WA

Impact of decisions on strategies for plaintiffs and defendants

Martin C. Bryce, Jr., Esq.
Ballard Spahr LLP / Philadelphia, PA

Cori Gordon Moore, Esq.
Perkins Coie LLP / Seattle, WA

3:00 pm


3:15 pm

Case Study: The Interplay Between Government Internet Privacy Regulation and Consumer Protection Class Actions

Overview of California's privacy policy enforcement initiative for mobile app developers

Rebekah Kaufman, Esq.
Morrison & Foerster LLP / San Francisco, CA

Plaintiff and defendant perspectives on the interplay between regulatory initiatives and class actions

Timothy G. Blood, Esq.
Blood Hurst & O'Reardon LLP / San Diego, CA

Mark S. Mester, Esq.
Latham & Watkins LLP / Chicago, IL

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Perkins Coie LLP and Davis Wright Tremaine LLP


Tuesday, May 14, 2013

8:30 am

The Future for Class Actions as a Form of Aggregate Litigation: Is the "Private Attorney General" Era Coming to an End?

Are recent Supreme Court decisions likely to drastically limit future class actions? If so, will we see plaintiffs' attorneys partnering with State Attorneys General to prosecute claims using the AG's Parens Patriae authority? What are the pros & cons?

Plaintiff's perspective

Steve W. Berman, Esq.
Hagens Berman Sobol Shapiro LLP / Seattle, WA

Defendant's perspective

James C. Martin, Esq.
Reed Smith LLP / Pittsburgh, PA

State agency perspective

Tina E. Kondo, Esq., Deputy Attorney General
Washington State Attorney General's Office / Seattle, WA

10:00 am


10:15 am

Consumer Financial Protection Bureau (CFPB) in the Obama Administration's Second Term: The Potential Impact on Securities and Financial Industry Class Actions

To what extent will the new federal regulatory scheme transfer jurisdiction to federal courts? How do state attorneys general think it will change their role? How will it impact class actions as a consumer damages recovery mechanism?

Shannon E. Smith, Esq.
Washington State Attorney General's Office / Seattle, WA

Kim D. Stephens, P.S.
Tousley Brain Stephens PLLC / Seattle, WA

11:30 am

Lessons for Resolving Aggregate Claims from Qui Tam Litigation with Parallel Government Investigations

Corporate integrity agreements, blowing the whistle, changes to the False Claims Act

Thomas E. Loeser, Esq.
Hagens Berman Sobol Shapiro LLP / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Early Motions Practice: Plaintiff and Defendant Perspectives

Motions to dismiss, summary judgment, deny class certification, and to strike class certifications; Rule 68 and offers to settle with a named plaintiff

Stephen M. Rummage, Esq.
Davis Wright Tremaine LLP / Seattle, WA

Beth E. Terrell, Esq.
Terrell Marshall Daudt & Willie PLLC / Seattle, WA

2:15 pm

Post-Certification Motion Issues in Class Actions

Reconsideration Motion; Rule 23(f) petition; merits discovery; experts, summary judgment; motion for trial plan and decertification motions

Defendant's perspective

Fred B. Burnside, Esq.
Davis Wright Tremaine LLP / Seattle, WA

Plaintiff's perspective

Gretchen F. Cappio, Esq.
Keller Rohrback LLP / Seattle, WA

3:15 pm


3:30 pm

Ethics: The Tension Between the Code of Professional Responsibility and an Attorney's Objectives in Interviewing Witnesses

Who can be interviewed and who can't; contacting or recruiting putative class members as witnesses; communications with class members during an action; investigating versus pretexting; internal company interviews

John A. Tondini, Esq.
Byrnes Keller Cromwell LLP / Seattle, WA

Christina L Haring-Larson, Esq.
Slinde Nelson Stanford / Seattle, WA

4:30 pm

Evaluations and Adjourn



Regular tuition for this program is $1245 with a group rate of $935 each for two or more registrants from the same firm. For government employees, we offer a special rate of $830. For students and people in their job for less than a year, our rate is $622.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Continuing Education Credits

Live credits: This program qualifies for 13.25 WA CLE (incl. 1 ethics) credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Faculty Bios

Thomas L. Boeder, Program Co-Chair, partner, Perkins Coie LLP, focuses on antitrust litigation and counseling, class actions, and consumer product liability and protection litigation. He is head of the firm's Commercial Litigation Practice and a former Washington State Deputy Attorney General.
Full bio and contact info for Thomas L. Boeder at Perkins Coie LLP

Timothy G. Fielden, Program Co-Chair, is an Assistant General Counsel in Legal and Corporate Affairs at Microsoft Corporation, where he represents the company in class action, product liability, and commercial litigation in North America and elsewhere.

Rebekah Kaufman, partner at Morrison & Foerster LLP, is Chair of the Consumer Litigation and Class Action practice, concentrating on consumer class action, financial services litigation, and commercial disputes.

Charles H. Samel, partner, Perkins Coie LLP, focuses on the defense of antitrust and consumer class actions and business litigation. He represents corporate defendants in major litigation matters, advises clients on marketing and distribution issues.
Full bio and contact info for Charles H. Samel at Perkins Coie LLP

Steve W. Berman, founder and managing partner of Hagens Berman Sobol Shapiro LLP, counsels in securities and investment fraud, consumer protection, products liability, patent litigation, antitrust and trade law and employment class actions.

Timothy G. Blood, managing partner at Blood Hurst & O'Reardon LLP, focuses on litigation, including class action litigation. He is a recognized expert on consumer fraud law.

Martin C. Bryce, Jr., is a partner in the Litigation Department of Ballard Spahr Andrews & Ingersoll, LLP and a member of its Consumer Financial Services Group. His practice is concentrated in arbitration, commercial law, RICO, and class action defense.

Fred B. Burnside, partner, Davis Wright Tremaine LLP, Co-Chair Class Action Defense Group, concentrates on civil litigation with emphasis on consumer class action defense and is co-chair of the ABA's Consumer Law Subcommittee on Class and Derivative Suits.
Full bio and contact info for Fred B. Burnside at Davis Wright Tremaine LLP

Charles B. Casper, partner at Montgomery, McCracken, Walker and Rhoads, LLP, defends nation- and statewide class actions, computer software and hardware, commercial and antitrust litigation. He has been national class action counsel to Microsoft Corporation.

Christina Haring-Larson, partner, Slinde Nelson Stanford, focuses on business litigation for small and large-sized companies, as well as individuals involved in business investments, contract negotiations, and ownership disputes.

Michael Harris, Ph.D., President and Founder, Harris Economics Group, is an experienced consulting economist and expert witness. He provides economic research and testimony across numerous industries such as energy, food products, semi-conductors, and industrial gases.

John H. Johnson, IV, Ph.D., President and CEO of Edgeworth Economics LLC, uses his economics and statistical training to provide testimony for clients in civil litigation, including class certification in a range of antitrust, labor and employment, and commercial damages cases.

Tina E. Kondo, Deputy Attorney for the Washington State Attorney General's Office, practices antitrust and consumer law. She is a past Board member of the King County Bar Association.

Philip A. Leider, BraunHagey & Borden LLP, litigates civil matters in state and federal courts, with an emphasis on consumer class actions. He writes and speaks about developments in the law of false advertising and unfair competition, including California's Code Section 17200.

Mark S. Mester, partner, Latham & Watkins LLP, is experienced in class action litigation and was recently the Global Chair of the firm's Consumer Class Action Practice Group. He is lead counsel in consumer and employment class actions pending throughout the U.S.

Christopher T. Micheletti, partner, Zelle Hofmann Voelbel & Mason LLP, handles antitrust, intellectual property, business litigation, unfair competition and class actions.

Cori Gordon Moore, partner, Perkins Coie LLP, focuses on commercial litigation, including plaintiffs and defendants in contract, consumer protection, antitrust, trade secret, business tort and class action matters.
Full bio and contact info for Cori Gordon Moore at Perkins Coie LLP

Stephen M. Rummage, partner, Davis Wright Tremaine LLP, defends consumer class actions, securities fraud claims, right of publicity actions, contract disputes, and construction. He represents clients in software, financial services, telecommunications, digital media, leisure travel, and major league sports.
Full bio and contact info for Stephen M. Rummage at Davis Wright Tremaine LLP

Shannon Smith is Section Chief for Litigation in the Consumer Protection Division at the Washington Attorney General's Office. She serves as . She is appearing on behalf of the Attorney General's office as amicus in the Schnall matter.

Kim D. Stephens, Tousley Brain Stephens PLLC, focuses on commercial, real property and class action litigation for condemnation, construction, products liability and securities.

Beth E. Terrell, member, Terrell Marshall Daudt & Willie PLLC, focuses on litigation, including prosecution of consumer fraud, defective product, securities, and wage and hour class actions. She has been co-lead counsel on multi-state and nationwide class actions.

John A. Tondini, partner, Byrnes Keller Cromwell LLP, represents plaintiffs and defendants in litigation and counsels clients on joint ventures, trade practices, antitrust and consumer issues.