Seattle - WA
Law Seminars International Presents:

The Twelfth Annual Comprehensive Conference on

Class Actions

Strategies for keeping up with a rapidly changing landscape

May 5 & 6, 2016

Seattle, WA
(or anyplace you may be via webcast!)

Intro

Who Should Order

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

Why You Should Order

2015 was another remarkable year for developments in class actions,

Lower courts continue to wrestle with interpretations of landmark decisions from the Supreme Court in cases such as Amgen, Clapper, Comcast, Concepcion, Dukes, Genesis Healthcare, Halliburton, Knowles, and Oxford Health Plans. The Supreme Court's current term includes recent or pending decisions in the Campbell-Ewald, DirectTV, Spokeo, and Tyson Foods cases, all of which will affect class action practice. And discussions continue about potential revisions to Federal Rule of Civil Procedure 23.

While some pundits have predicted the demise of class actions, filings in such cases in state and federal courts remain high with mixed outcomes. Please join us for this program addressing important legal developments in class action law, with presentations demonstrating that class actions remain an active and important area of law.

~ Thomas L. Boeder, Esq. and Timothy G. Fielden, Esq., Program Co-Chairs

What You Will Learn

  • National class action trends
  • Lessons from recent food labeling class actions
  • Settlement strategies for class actions and multidistrict litigation
  • Privacy and data security
  • Trying the class action
  • Fantasy football: A case study of insider trading as a cause of action
  • Trial by formula, issue classes and "no-injury" cases: What kind of proof do you need? To what extent is "no harm, no foul" a defense?
  • Proposed changes to Rule 23
  • Ethical communication issues with putative class members by plaintiff's and defense counsel
  • Labor & employment: Why are wage and hour cases so prolific? Recent developments in the area
  • VW diesel emissions litigation: A case study of the interplay between government regulatory activity and consumer fraud class actions

Agenda Day 1

Thursday, May 05, 2016

8:00 am

Registration Opens

8:30 am

Introduction & Overview - (Session # 1)

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

Timothy G. Fielden, Esq. , Program Co-Chair, Asst. General Counsel, Corp., External, and Legal Affairs
Microsoft Corporation / Redmond, WA

8:45 am

National Class Action Trends: Where is the Case Law Taking Us?

Evolving class certification standards, ascertaining class membership, removing cases under CAFA, offering judgment under Rule 68 to moot claims, voluntarily dismissing a case, assessing a plaintiff's adequacy to represent the class

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

9:30 am

Lessons from Recent Food Labeling Class Actions

Rule 23 "ascertainability" requirement (proposed class can be described in "objective" terms and there is an "administratively feasible" method for identifying class members); Article III standing issues

Breena M. Roos, Esq. , Counsel
Perkins Coie LLP / Seattle, WA

Denis W. Stearns, Esq. , Professor of Food Law & Policy
Seattle University School of Law / Seattle, WA

10:30 am

Break

10:45 am

Settlement Strategies for Class Actions and Multidistrict Litigation - (Session # 2)

Best practices for designing a settlement that the courts will approve; when not in court, adapting strategies to better fit ADR; tips for more effectively administering settlements once approved

Cathy A. Yanni, Esq. , Moderator
JAMS / San Francisco, CA

Amanda J. Beane, Esq.
Perkins Coie LLP / Seattle, WA

Corrie J. Yackulic, Esq.
Corrie Yackulic Law Firm PLLC / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Privacy and Data Security - (Session # 3)

Evolving case law on regulatory compliance vs. industry best practices vs. strict liability: Plaintiff, defendant, and government perspectives on case law trends for companies holding consumer data

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

Todd M. Hinnen, Esq.
Perkins Coie LLP / Seattle, WA

Shannon E. Smith, Esq. , Senior Counsel and Chief of the Consumer Protection Division
Washington State Attorney General's Office / Seattle, WA

3:00 pm

Break

3:15 pm

Trying the Class Action - (Session # 4)

Opportunities and challenges for plaintiffs and defendants: Should strategies between class certification briefings and trials be different?

Rebecca Weinstein Bacon, Esq.
Bartlit Beck Herman Palenchar & Scott LLP / Chicago, IL

Mark P. Chalos, Esq.
Lieff Cabraser Heimann & Bernstein LLP / Nashville, TN

4:15 pm

Fantasy Football: A Case Study of Insider Trading as a Cause of Action

Lessons from market manipulation cases on viable theories for activities not involving sales of securities

Stacey P. Slaughter, Esq.
Robins Kaplan LLP / Minneapolis, MN

An insider's look at the plaintiff's theories and the defenses being raised; how the parallel investigation affects the case

Jasper D. Ward, IV, Esq.
Jones Ward PLC / Louisville, KY

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Perkins Coie LLP

Agenda Day 2

Friday, May 06, 2016

8:30 am

Trial By Formula, Issue Classes and "No-Injury" Cases: What Kind of Proof Do You Need? To What Extent is "No Harm, No Foul" a Defense? - (Session # 5)

Plaintiff and defendant perspectives on key cases in the circuits and at SCOTUS

Sean R. Matt, Esq.
Hagens Berman Sobol Shapiro Llp / Seattle, WA

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

10:00 am

Break

10:15 am

Proposed Changes to Rule 23 - (Session # 6)

Progress report on the Rule 23 subcommittee: Overview of topics that may be published in the draft amendment package in August 2016

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

Richard L. Marcus, Esq.
Hastings College of Law / San Francisco, CA

11:15 am

Ethics: Communication Issues with Putative Class Members by Plaintiff's and Defense Counsel

John Strait, Esq. , Professor
Seattle University School of Law / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Labor & Employment - (Session # 7)

Why are wage and hour cases so prolific? Recent developments in the area

Chelsea Dwyer Petersen, Esq.
Perkins Coie LLP / Seattle, WA

Toby J. Marshall, Esq.
Terrell Marshall Law Group PLLC / Seattle, WA

2:45 pm

Break

3:00 pm

VW Diesel Emissions Litigation: A Case Study of the Interplay Between Government Regulatory Activity and Consumer Fraud Class Actions - (Session # 8)

This case is the fourth distinct nationwide and international auto-defect litigation against international manufacturers: The interplay between multi-state consumer protection claims, common law claims, and parallel international government investigations

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

Kathleen P. Lally, Esq.
Latham & Watkins LLP / Chicago, IL

Derek W. Loeser, Esq.
Keller Rohrback LLP / Seattle, WA

4:30 pm

Evaluations and Adjourn

Faculty Bios

Thomas L. Boeder , Program Co-Chair, partner, Perkins Coie LLP, focuses on antitrust litigation and counseling, class actions, and consumer protection litigation. He heads the firm's Commercial Litigation Practice and is a former Deputy Attorney General in the Washington Attorney General's Office in charge of Antitrust, Consumer Protection and Criminal Law Enforcement.
Full bio and contact info for Thomas L. Boeder at Perkins Coie LLP

Timothy G. Fielden , Program Co-Chair, Assistant General Counsel, Corporate, External, and Legal Affairs, Microsoft Corporation, where he represents the company in class actions, product liability, and commercial litigation.

Cathy A. Yanni , Moderator, Special Master/Discovery Referee, JAMS, specializes in class actions, including settlement implementation and mass tort cases. She is recognized as "Top Master," Daily Journal Top California Neutrals List, and as AV Preeminent in Martindale-Hubbell Lawyer Ratings.

Rebecca Weinstein Bacon , trial lawyer at Bartlit Beck Herman Palenchar & Scott LLP, focuses on pharmaceutical products liability, antitrust, consumer class actions and commercial disputes for Fortune 100 companies.

Amanda J. Beane , partner, Perkins Coie LLP, focuses on commercial litigation, including class actions, consumer protection and privacy, and the Americans with Disabilities Act.

Timothy G. Blood , managing partner, Blood Hurst & O'Reardon LLP, is a consumer protection litigator focusing on the nationwide prosecution of consumer protection class actions.

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.

Gretchen Freeman Cappio , partner, Keller Rohrback L.L.P., focuses on civil litigation, including environmental municipal litigation, consumer and employee protection, product liability, and data breach litigation.

Charles B. Casper , partner at Montgomery, McCracken, Walker and Rhoads, LLP, Chair of the Class Action Defense practice. He focuses on defense of national and statewide class actions, as well as computer software and hardware, commercial and antitrust litigation.

Mark P. Chalos , managing partner, Lieff Cabraser Heimann & Bernstein LLP, represents clients nationwide in consumer protection, defective products, and personal injury lawsuits.

Todd M. Hinnen , is a partner and Chair of Perkins Coie's Privacy and Security Practice Group and a Lecturer at Stanford Law School. Previously, he was the Acting Assistant Attorney General for National Security at the U.S. Department of Justice.

Kathleen P. Lally , counsel, Latham & Watkins LLP, focuses on consumer class actions and commercial disputes. She defends clients in industries and jurisdictions across the country against consumer class cases featuring allegations of common law and statutory fraud, conspiracy, breach of warranty, unjust enrichment as well as other violations of state and federal law.

Derek W. Loeser , with Keller Rohrback's nationally recognized Complex Litigation Group, focuses on ERISA, securities fraud, employment, and consumer protection class action litigation. He was a trial attorney for United States Department of Justice where he prosecuted class action employment discrimination cases.

Richard Marcus, C oil Chair in Litigation, UC Hastings, is Associate Reporter of the Advisory Committee on Civil Rules where he has been involved in drafting amendments to the discovery rules and the 2003 amendments to Rule 23. He is currently the Reporter to the Rule 23 Subcommittee of the Advisory Committee.

Toby J. Marshall , member, Terrell Marshall Law Group PLLC, concentrates on civil litigation. He represents workers, consumers, and other plaintiff groups in a variety of class actions, including wage and hour, consumer fraud, and civil rights cases.

Sean R. Matt , partner, Hagens Berman Sobol Shapiro LLP, focuses on multi-state and nationwide class actions and complex commercial litigation encompassing securities and finance, consumer, antitrust, insurance and products.

Chelsea Dwyer Petersen , partner, Perkins Coie LLP, focuses on employment counseling and litigation and class action cases, including proactive defense of discrimination and wage-and-hour cases.

Breena M. Roos , counsel in the Commercial Litigation practice, Perkins Coie LLP, focuses on food litigation, class action defense and intellectual property. She represents clients in cases involving consumer protection, unfair competition, California’s Proposition 65, copyright infringement, Digital Millennium Copyright Act (DMCA) liability and defense, trademark infringement and contract disputes.

Stephen M. Rummage , partner, Davis Wright Tremaine LLP, represents clients including Microsoft, Getty Images, and T-Mobile in litigation and appeals, with an emphasis on class action defense, including consumer class actions, securities fraud claims, right of publicity actions and contract disputes.

Stacey P. Slaughter , partner, Robins Kaplan LLP, is experienced in commercial litigation, antitrust and trade regulation, and securities and financial litigation. She also focuses on commercial breach of contract, employment matters, insurance, intellectual property and trade secret concerns.

Shannon E. Smith , Senior Counsel and Chief of the Consumer Protection Division, Washington State Attorney General's Office manages the Consumer Protection Division's litigation, enforcement, consumer services, and consumer outreach.

Denis W. Stearns , Professor of Food Law & Policy, Seattle University School of Law, and of counsel at Marler Clark, the first law firm with a national practice focused on foodborne illness litigation.

John Strait , Professor of Law, Seattle University School of Law, consults and lectures nationally on civil and criminal trial advocacy, legal and judicial ethics, and legal malpractice. He was on the Washington Supreme Court's Judicial Ethics Advisory Committee, King County Bar Association Campaign Ethics Committee, the Seattle Port Authority Ethics Advisory Committee and WSBA Rules of Professional Conduct Committee.

Jasper D. Ward, IV , co-founder, Jones Ward PLC, is on the Plaintiff's Steering Committee in the Stryker Hip Recall MDL and co-lead counsel in the Nutek Baby Wipes Recall litigation.

Corrie J. Yackulic , Corrie Yackulic Law Firm LLC, focuses on serious injury/wrongful death, defective products and medical malpractice. She was previously with the personal injury firm Schroeter Goldmark & Bender and public interest firm Earthjustice.

Firm Links

Credits

Continuing Education Credits

Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 12.75 WA CLE (incl. 1 ethics) | 13 CA MCLE (Incl. 1 ethics) | 13.75 OR CLE (Incl. 1 ethics). Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Webcast Options

Video Replays allow you to time-shift your content. The Vodcast has navigation tools and search capabilities that allow you to quickly find the portions most important to you. It allows you to plug a flashdrive into your laptop and make effective use of in-flight plane time.

Audio Podcasts are perfect for making more effective use of the time you spend commuting.

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