Agenda Day 1

8:30 am

Registration Opens

9:00 am

Legal Ethics (Optional)

Communication issues with putative class members by plaintiffs and defense counsel

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

10:00 am

Break

10:15 am

Introduction to the Main Program

Timothy G. Fielden, Esq. , Program Co-Chair
Microsoft Corp / Redmond, WA

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

10:30 am

Consumer Protection and the Opioid Crisis

Update on deceptive trade practice lawsuits against Purdue Pharma by the State of Washington and Purdue Pharma and other manufacturers by several Washington cities; state regulatory perspective on the interplay with consumer class actions

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

Opioids as a case study of the interplay between government regulatory activity and consumer protection class actions

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

12:00 pm

Lunch (on your own)

1:15 pm

2018 Annual Update on National Class Action Trends

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

2:00 pm

Article 3 Standing: Update on the Continuing Spokeo v. Robins Litigation

Follow on decisions addressing when a plaintiff has sufficiently pled a concrete injury under Spokeo II

Christopher L. Dore, Esq.
Edelson PC / Chicago, IL

J. Warren Rissier, Esq.
Morgan Lewis & Bockius LLP / Los Angeles, CA

3:00 pm

Break

3:15 pm

Establishing a Prima Facie Case: Update on the Use of Statistical Evidence

Applying the analysis in Tyson Foods: Lessons from follow on wage and hour cases on the propriety of using statistical sampling and the soundness of the specific statistical methodology used; strategies for leveraging or disputing statistical evidence

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

4:00 pm

Corporate Fraud Against Consumers

Lessons from Diesel Gate, Wells Fargo fake accounts, Apple battery degradation, and other cases involving purposeful misconduct

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

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

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Perkins Coie LLP

Friday, May 11, 2018

9:00 am

Trends in Data Breach Class Action Litigation; the Internet of Things (IoT) as a Developing Class Action Issue

Evolving standards of care and case law trends for companies holding consumer data; implications for asserting and defending against class action claims

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

Equifax data breach case study: The role of class actions when government regulators decline to pursue penalties or remedies for consumers

Ralph Palumbo, Esq.
Yarmuth Wilsdon PLLC / Seattle, WA

10:30 am

Break

10:45 am

Mergers & Acquisitions: Changing Federal Review Standards and the Potential for an Increase in Antitrust, Consumer Protection, and Securities Class Actions

How are DOJ and FTC review criteria changing under the Trump administration? To what extent will state antitrust enforcement actions and class action litigation fill the void?

Rebecca J. Francis, Esq.
Davis Wright Tremaine LLP / Seattle, WA

Stephen E. Morrissey, Esq.
Susman Godfrey LLP / Seattle, WA

11:45 am

Proving Damages

The economics: Current best thinking for measuring or estimating damages in antitrust, securities, and consumer protection cases, including quantification of the harm from data breaches and privacy violations

Steven Schwartz, Ph.D. , Vice President
CRA International Inc / Dallas, TX

12:15 pm

Lunch (on your own)

1:30 pm

Arbitration Clauses with Class Action Waivers: Labor Law Meets the Me Too Movement

Plaintiff and defense perspectives from the class action bar: Class actions as a remedy for sexual harassment and gender discrimination; other waiver issues including the consolidated NLRB cases at the Supreme Court

Lindsay L. Halm, Esq.
Schroeter Goldmark & Bender / Seattle, WA

Charles N. Eberhardt, Esq.
Perkins Coie LLP / Bellevue, WA

2:30 pm

Settlement Strategies for Class Actions and Multidistrict Litigation

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

The Hon. Thomas McPhee, Esq.
JAMS / Seattle, WA

Emily Brubaker Harris, Esq.
Corr Cronin Michelson Baumgardner Fogg & Moore LLP / Seattle, WA

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

Darrell L. Cochran, Esq.
Pfau Cochran Vertetis Amala PLLC / Tacoma, WA

3:30 pm

Evaluations and Adjourn

Faculty Bios

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

The Hon. Thomas McPhee (Ret.) joined JAMS after serving 22 years on the Thurston County Superior Court where he presided over civil cases. He required dispute resolution in all civil cases and has conducted more than 300 settlement negotiations.

Fred B. Burnside, partner at Davis Wright Tremaine LLP, concentrates his practice in complex civil litigation and is Co-Chair of the Class Actions Defense Group.

Gretchen Freeman Cappio is a partner in Keller Rohrback LLP's Complex Litigation Group. She serves on the leadership team representing Volkswagen, Audi, and Porsche consumers multi-billion dollar emissions fraud litigation.

Charles B. Casper is chair of Montgomery McCracken's Class Action Defense practice. This includes consumer and antitrust class actions.

Charles N. Eberhardt is a partner at Perkins Coie LLP. He represents clients in employment class and collective action litigation.

Rebecca J. Francis, partner, Davis Wright Tremaine LLP, focuses her practice on complex civil litigation, with an emphasis on consumer class action defense.

Lindsay L. Halm, Schroeter Goldmark & Bender, represents workers and consumers in employment law, class action, products liability, and sexual assault matters.

Emily Brubaker Harris is the managing partner of Corr Cronin Michelson Baumgardner Fogg & Moore LLP. Her practice focuses on complex civil litigation including class action defense and employment litigation.

Todd M. Hinnen is a partner with Perkins Coie's Privacy and Security practice, where he counsels and represents clients in litigation regarding privacy, data security, compliance with law enforcement and national security issues.

Thomas E. Loeser is a partner at Hagens Berman Sobol Shapiro LLP. He focuses on automobile defect litigation, class actions, consumer protection and data breach/identity-theft/privacy cases.

Stephen E. Morrissey is a partner at Susman Godfrey LLP. He has been involved in a number of high-profile class action cases on topics ranging from toxic torts to securities litigation to copyright violations in the entertainment industry.

Ralph Palumbo, Yarmuth Wilsdon PLLC, has tried cases involving a broad spectrum of complex issues, including: antitrust and trade regulation; products liability; and class-action litigation.

J. Warren Rissier, partner, Morgan Lewis & Bockius LLP, counsels on defense of class actions and other complex commercial litigation, with emphasis on consumer actions, securities.

Dr. Steven Schwartz, P h.D., is vice president of CRA International Inc. He advises clients on a range of litigation matters, including securities, intellectual property, and antitrust disputes. Previously he was an antitrust economist in the Bureau of Economics at the Federal Trade Commission.

Shannon E. Smith is a Senior Assistant Attorney General and Chief of the Consumer Protection Division of the Washington State Attorney General's Office. Her responsibilities include managing the Consumer Protection Division's litigation, enforcement, consumer services, and outreach and education.

John A. Strait is Emeritus Professor of Law, Seattle University School of Law. He has consulted and lectured nationally on civil and criminal trial advocacy, legal and judicial ethics, and legal malpractice, and served on the Washington Supreme Court's Judicial Ethics Advisory Committee.

Continuing Education Credits

Live credits: This program qualifies for 11.00 (including 1 ethics) Washington CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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