Law Seminars International Presents

A Comprehensive Advanced Conference on

Innovative Strategies for Litigating Class Action Suits

June 6 & 7, 2005
Washington State Convention and Trade Center in Seattle, WA
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Who Should Order Homestudy

Corporate and trial lawyers, corporate executives and government officials responsible for managing class action litigation

Why Order

Class actions dominate the litigation landscape. They create massive liability exposure for defendants, attract the attention of regulators and law enforcement officials, inspire bad press, undermine corporate public relations, and draw whistleblowers out of the wood work. Class actions are also among the most potent tools to discover and remedy schemes and practices that defraud consumers and undermine securities and economic markets. Whether in consumer, finance, securities, antitrust, employment or other areas, class actions multiply and magnify the risks of mis-steps in litigation. Enactment of the Class Action Fairness Act of 2005 and Prop 64 in California are posing major challenges for class action plaintiffs and creating new defenses to be deployed by defendants. Yet, even these truly significant recent developments may be overshadowed by another trend, the sudden discovery and emergence of "class arbitration." This seminar brings together a national panel of leaders from both sides of the class action bar to explain the most recent and important developments in state and federal laws affecting class actions and class arbitrations, and to share innovative strategies to successfully litigate and meet the business and legal challenges of class actions. ~ Program Co-Chairs: Daniel J. Dunne, Esq., and Richard J. Wallis, Esq.

What You Will Learn

*Recent developments in class action litigation, including the Class Action Fairness Act of 2005 and Section 17200 claims under California law. *Judicial views on the most problematic issues for plaintiffs and defendants. *What makes a viable class action and innovative defenses. *The role of economic analysis and the most effective use of experts for class certification and damages calculation. *Certification of nationwide class actions based on state claims. *Tips for simultaneous litigation of regulatory, criminal, and private claims. *Determining the desirability of class arbitration provisions. *General case management strategies for in-house counsel.

Agenda

Monday, June 06, 2005
8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Daniel J. Dunne, Jr., Esq., Program Co-Chair
 Heller Ehrman White & McAuliffe LLP / Seattle, WA
  Tom Burt, Esq., Program Co Chair, Corporate VP and Deputy General Counsel
 Microsoft Corporation / Redmond, WA
8:45 am Recent Developments in Class Action Litigation
  Emerging strategies and arguments for winning or defeating class certifications
  Charles B. Casper, Esq.
 Montgomery McCracken Walker & Rhoads LLP / Philadelphia, PA
9:30 am California's Proposition 64: An End to Section 17200 or a New Beginning?
  An up to the minute review and analysis of court decisions and open issues in interpreting and applying Proposition 64
  Vanessa O. Wells, Esq.
 Heller Ehrman White & McAuliffe LLP / Menlo Park, CA
10:15 am Break
10:30 am The Class Action Fairness Act of 2005: The Intended and Unintended Consequences of Legislative Reform
  How plaintiffs and defendants can each take advantage of the new legislation, and how expansion of class action in federal courts will affect both courts and litigants
  Thomas L. Boeder, Esq.
 Perkins Coie LLP / Seattle, WA
11:15 am Views from the Bench
  Observations about whether and how the new class action legislation promotes or impedes just results, and the most problematic class action issues for plaintiffs and defendants
  The Hon. Robert S. Lasnik, Esq.
 US District Court, Western District of Washington / Seattle, WA
  The Hon. Robert Alsdorf, Esq.
 Davis Wright Tremaine LLP / Seattle, WA
  John Coughenour, Esq., Chief Judge, U.S. District Court, Western District
 US District Court, Western District / Seattle, WA
12:15 pm Lunch (on your own)
1:15 pm What Makes a Viable Class Action? What a Plaintiffs' Class Action Attorney Should Look for in a Case Before Filing a Complaint
  Pre-suit investigation and analysis into the alleged unlawful acts, the class representative, the liability and damage issues, experts, whistleblowers, confidential informants and the risk-benefit ratio
  Elizabeth J. Cabraser, Esq.
 Lieff Cabraser Heimann & Bernstein, LLP / San Francisco, CA
2:00 pm Strategies for Obtaining Early Merits Determination Before Certification
  Ralph H. Palumbo, Esq.
 Summit Law Group / Seattle, WA
2:30 pm Turning the Tables: The Defendant's Right to a Jury Trial
  How a defendant's assertion of the right to trial by jury can be used to help defeat certification
  Kenneth E Payson, Esq.
 Heller Ehrman White & McAuliffe / Seattle, WA
3:15 pm Break
3:30 pm Using Economic Experts in the Battle for Predominance
  Strategies for plaintiffs and defendants to employ experts in the battle to establish or defeat Rule 23(b)(3) classes in antitrust cases
  Gregory K. Leonard, Ph.D., Vice President
 NERA Economic Consulting / San Francisco, CA
  Lloyd Constantine, Esq.
 Constantine Cannon PC / Washington, DC
  William V. O'Reilly, Esq.
 Jones Day / Washington, DC

Tuesday, June 07, 2005
8:30 am Introduction & Overview
  Daniel J. Dunne, Esq., Program Co-Chair
 Heller Ehrman White & McAuliffe LLP / Seattle, WA
  Tom Burt, Esq., Program Co-Chair
 Microsoft Corporation / Redmond, WA
8:45 am Certification of Nationwide and Multiple State Classes Under State Law
  Tactical, strategic and substantive issues in dealing with multiple class actions filed in several states
  Stephen M. Rummage, Esq.
 Davis Wright Tremaine LLP / Seattle, WA
9:30 am Litigation Fire Juggling: Strategies for Managing Simultaneous Class, Regulatory, and Enforcement Actions
  When litigation becomes truly complex, meeting the challenges presented by competing civil class action and regulatory agendas without igniting the plaintiffs, the press, or the prosecutor
  Jonathan P. Hayden, Esq.
 Heller Ehrman White & Mc Auliffe LLP / San Francisco, CA
10:30 am Break
10:45 am Be Careful What You Ask For: Class Arbitration
  JAMS and AAA are asserting authority to arbitrate claims on behalf of "Classes" of consumers. Has your client considered the real consequences of class arbitration in a brave new world without Rule 23 procedural protections or effective judicial review?
  Martin C. Bryce, Jr., Esq.
 Ballard Spahr Andrews & Ingersoll LLP / Philadelphia, PA
  John "Jay" Welsh, Esq., Vice President and General Counsel
 JAMS / Irvine, CA
  Robert B. Davidson, Esq.
 JAMS / New York, NY
12:15 pm Lunch
1:30 pm Considerations From the Perspective of the Client
  Coordinating multiple actions, supervising outside counsel, dealing with the national media
  Tom Burt, Esq., Program Co-Chair
 Microsoft Corporation / Redmond, WA
  Mark F. Leopold, Deputy General Counsel
 HSBC Finance Corporation / Prospect Heights, IL
  Steven J. Miller, Esq., Assistant General Counsel
 Akzo Nobel Inc. / Dobbs Ferry, NY
3:15 pm Break
3:30 pm Avoiding Ethical Traps in Settling Class Actions
  When and how to negotiate attorney's fees after Staton v. Boeing, important differences between common fund and statutory fee cases, valuing non-monetary class benefits, and judicial candor in claims-made settlements
  Steve W. Berman, Esq.
 Hagens Berman Sobol Shapiro LLP / Seattle, WA
4:30 pm Adjourn

Cancellation

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

Continuing Education Credits

Law Seminars International automatically obtains CLE credit approval for the state in which a seminar is held. On request, we will apply for CLE credits in other states and other types of credits. Current credits status: WA CLE 13.25 inc 1 eth | KS CLE 15.0 inc 1 eth | MO CLE 15.9 inc 1.2 eth | MT CLE 13.35 inc 1 eth | NM CLE 15.9 inc 1.2 eth | NV CLE 13 inc 1 eth | OR CLE 14.25 inc 1 eth | TN CLE 13.25 inc 1 eth | TX CLE 13.25 inc 1 eth | VT CLE 13.25 inc 1 eth

Cost

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $1005. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Tom Burt, Corporate Vice President and Deputy General Counsel for litigation in Microsoft Corporation's Law and Corporate Affairs Department, manages Microsoft's U.S. litigation issues. He coordinates international cases and directs the work of outside law firms retained by Microsoft to represent it in lawsuits.

Daniel J. Dunne, Program Co-Chair and shareholder at Heller Ehrman White & McAuliffe LLP, is chair of the litigation group for the Northwest offices. His focus includes defense of technology companies, financial institutions, directors and officers in litigation. He represents class actions, securities, consumer protection, antitrust, professional liability, corporate governance, patent and IP cases. He is the author of "Recent Developments in Class Action in Washington," Corporate Law Bulletin.

The Hon. Robert Alsdorf, former King County Superior Court Judge, recently joined Davis Wright Tremaine LLP. He will work on the firm's governmental relations team, complex litigation and corporate projects or investigations.
Full bio and contact info for Robert Alsdorf at Davis Wright Tremaine LLP

Steve W. Berman helped found Hagens Berman LLP, where he is the managing partner. He has served as lead or co-lead counsel in numerous high profile securities, consumer, products liability and antitrust and employment class actions. The National Law Journal has listed him as the top litigator in Washington State and one of the 100 most powerful lawyers in the nation.

Thomas L. Boeder is firmwide Chair of the Commercial Litigation Practice of Perkins Coie LLP, where he has been involved in numerous class action cases. Listed in Best Lawyers in America, he was previously Deputy Attorney General and Chief of the Consumer Protection, Antitrust and Criminal Law Enforcement Division for the WA State Attorney General's Office.

Martin C. Bryce, Jr. is a member of the Litigation Department and Consumer Financial Services Group at Ballard Spahr Andrews & Ingersoll LLP, where his diverse practice includes class action defense. He has defended class actions in federal and state courts throughout the U.S. including, In re MasterCard International, Inc., Internet Gambling Litig. and Cuker v. Mikalauskas.

Elizabeth J. Cabraser, a partner at Lieff Cabraser Heimann & Bernstein, LLP, is a "Northern California Super Lawyer" and was named in the "Top 30 Women Litigators" by the California Daily Journal. She is a frequent author on class action law and the Editor-in-Chief of California Class Actions Practice and Procedures (ABA 2001-2004).

Charles B. Casper is chair of the Class Action Defense practice, vice chair of the Litigation Department and partner at Montgomery, McCracken, Walker and Rhoads, LLP. He practices defense of nationwide and statewide class actions, computer software and hardware litigation, complex commercial litigation and antitrust litigation.

Lloyd Constantine is the managing partner of Constantine Cannon, a commercial litigation firm. He is lead counsel for the landmark Visa Check/MasterMoney Antitrust Litigation and has been lead or liaison counsel in many complex and multistate antitrust cases and investigations. Previously, he was Attorney General of Antitrust Enforcement for New York State.

Judge Coughenour, currently Chief Judge of the Western District of Washington, U. S. District Court, was a partner at the Seattle law firm of Bogle and Gates when he was appointed to the United States District Court in 1981. Judge Coughenour has served as chair of the Ninth Circuit Jury Instructions and the Intracircuit Assignment Committees, and as Chair of the Ninth Circuit Gender Bias Task Force. He is past President of the Ninth Circuit District Judges Association.

Robert B. Davidson is Executive Director of JAMS Arbitration Practice. He retired after 31 years as a senior litigation partner with Baker & McKenzie, where he litigated complex commercial disputes including class actions, Mr.Davidson is a full-time mediator and arbitrator.

Jonathan P. Hayden is a shareholder at Heller Ehrman White & McAuliffe LLP, where he has a litigation practice emphasizing complex class action defense. He represents financial institutions in class actions and has significant jury trial experience in a range of matters.

The Hon. Robert S. Lasnik became Chief Judge of the Western District of Washington on September 1, 2004. He was appointed to the United States District Court by President Clinton in 1998. Prior to that he served as a King County Superior Court Judge for nine years. He is former Chief of Staff to the King County Prosecutor's Office.

Gregory K. Leonard is a Vice President in NERA Economic Consulting's Antitrust and Intellectual Property Practice. His areas of expertise are applied microeconomics and econometrics. He has extensive experience analyzing competition and estimating damages in antitrust cases and patent infringement damages cases.

Mark F. Leopold, Deputy General Counsel for Litigation, Employment and Antitrust at HSBC Finance Corporation, is responsible for management of all general and employment litigation involving the parent company, and works with all subsidiaries' internal litigation counsel.

Steven J. Miller is the Assistant General Counsel of Akzo Nobel Inc., the U.S. subsidiary of the Dutch-based healthcare, coatings and chemicals multinational. His practice focuses on complex commercial litigation, antitrust and corporate transactions.

William (Bill) V. O'Reilly, a partner at Jones Day, practices complex litigation in antitrust, contract and other commercial disputes and corporate criminal investigations.

Ralph H. Palumbo is a founder of the Summit Law Group where his practice includes complex commercial litigation, environmental matters and corporate and business law. He has been recognized as one of the "Best Lawyers in America" and as a "Superlawyer" in litigation and environmental law.

Ken Payson of Heller Ehrman LLP is a shareholder in the Seattle office. He defends corporate clients in state and federal courts and in arbitration involving class actions in product liability and consumer unfair business practices. He also teaches commercial litigation at the Seattle University School of Law.

Stephen M. Rummage, a partner at Davis Wright Tremaine LLP, focuses his practice on the defense of complex litigation, with an emphasis on consumer class actions. His clients in consumer class actions have included national and international financial services companies, cruise ship lines, cellular telephone companies, and retailers.
Full bio and contact info for Stephen M. Rummage at Davis Wright Tremaine LLP

Vanessa O. Wells is a shareholder at the Silicon Valley office of Heller Ehrman White & McAuliffe LLP, where she practices complex commercial and business litigation. She has substantial experience in defending securities fraud and consumer class action cases and in litigating trade libel and unfair competition.

John "Jay" Welsh is Vice President and General Counsel of JAMS, the largest private alternative dispute resolution provider in the country. Mr. Welsh oversees all legal matters, panel quality, risk management, ethics, the JAMS Institute and the JAMS Foundation.