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The 15th annual conference on

Litigating Class Actions

High-level speakers provide tips and strategies for navigating current litigation trends

Presented on May 9 & 10, 2019

Seattle, WA

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Program Overview

Who Should Order

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

Why You will Benefit from the Replay

2019 promises to be another busy term for the U.S. Supreme Court on class action issues. In PDR Network v. Varlton & Harris the issue is whether courts must defer to the FCC's interpretation of the TCPA - - a statute that has been a continuing source of a large number of class actions relating to unsolicited faxes and phone calls. In Apple v. Pepper, the Court's decision on whether purchasers of iPhone apps have standing as direct purchasers to pursue antitrust claims related to purchases from Apple's App Store of third party designed apps. Similarly awaiting decision is the important question in Lamps Plus v. Varela of whether arbitration agreements must expressly call for class wide arbitration for this remedy to be available. In addition, lower courts continue to interpret and apply opinions from previous Supreme Court cases. We're pleased to be able to cover such cases and trends in detail during this year's two-day program.

You'll be able to hear in particular from panels addressing two relatively new topics of class action importance that have seen explosive growth recently. The first involves the emerging use of Artificial Intelligence Technology in products and services, and the resulting prospects for products liability and consumer protection class actions relating to sales of such products. The second involves use of class actions in environmental damage litigation over perfluorinated compounds entering drinking water supplies.

The program once more this year will begin with Chuck Casper's annual update of case law trends including discussion of such issues as the relationship of arbitration clauses in consumer contracts. Other topics will include the most effective settlement strategies in class action cases, and important ethical considerations faced by class action practitioners.

We hope you will join us for this program and also continue the conversations during the reception at the end of the first day. Class actions continue to be a lively area of law and it promises to be a very interesting two days.

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

What You Will Learn

  • National class action case law trends
  • Evidentiary standards for class certification
  • Consumer protection actions arising from the opioid crisis
  • Article 3 standing
  • Supreme Court wages and hours cases
  • Supreme Court arbitration cases
  • Data breach and privacy cases
  • Emerging Persistent Contaminant environmental damage cases
  • Settlement strategies
  • Legal ethics

What Attendees Said

  • "Excellent Program"
  • "Very Knowledgeable Speakers"
  • "Five Stars"
  • "Very well run conference on cutting edge issues. Thanks for everything."

Agenda Day 1

8:30 am

Registration Opens

9:00 am

Introduction & Overview

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

Timothy G. Fielden, Esq. , Program Co-Chair, Assistant General Counsel
Microsoft / Redmond, WA

9:15 am

2019 Update on National Class Action Case Law Trends

Piecing together the past year's major decisions including China Agritech on tolling; statute of repose for securities cases; Bristol Meyers Squibb follow-on cases on jurisdiction over parties; and others

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

10:15 am


10:30 am

Evidentiary Standard for Class Certification

Sali v. Corona Regional Medical Center on whether the court can certify a class based on evidence that would not be admissible at trial; how cases on use of statistical evidence are playing out

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

11:00 am

Consumer Protection and the Opioid Crisis

Progress report on deceptive trade practice lawsuits against pharmacutical manufacturers by the state and companion suits by several Washington cities; state regulatory perspective on the interplay with consumer class actions

Tad Robinson O'Neill , Assistant Attorney General
Washington Attorney General's Office / Seattle, WA

Class action update and perspective on the interplay between class actions and government investigations

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

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

12:00 pm

Lunch (on your own)

1:15 pm

The Continued Uncertainty over Article 3 Standing

Recent decisions addressing when a plaintiff has sufficiently pled a concrete injury

Aaron Lawson
Edelson / San Francisco, CA

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

2:15 pm

Wages and Hours

The lay of the land after seven Supreme Court cases in the past two terms

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

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

3:15 pm


3:30 pm

Data Breach and Privacy Class Action Litigation

Lessons from recent cases: Strategy tips for plaintiffs and defendants

Cari Campen Laufenberg, Esq.
Keller Rohrback / Seattle, WA

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

New risks from new technologies: Artificial Intelligence as the potential next new thing for privacy and data security class action litigation

Jaime Drozd Allen, Esq.
Davis Wright Tremaine / Seattle, WA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Perkins Coie

Friday, May 10, 2019

9:00 am

Legal Ethics

Lessons from recent cases including Frank v. Gaos on legal ethical issues in settlements

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

10:00 am


10:15 am

Environmental Class Actions: Emerging Persistent Contaminants

The science for Perfluorinated Chemicals (PFCs) like Perfluorooctanoic Acid (PFOA) and Perfluorooctanoic Sulfonate (PFOS), 1-4 Dioxane, and various pharmaceuticals: What makes remediation so hard?

Paul Rosenfeld, Ph.D. , Co-Founder and Principal Environmental Chemist
Soil Water Air Protection Enterprise (SWAPE) / Santa Monica, CA

Legal perspective on the challenges associated with pursuing and defending environmental contamination claims

Jeff B. Kray, Esq.
Marten Law / Seattle, WA

Case study of the Fairchild Air Force Base class action

Tate J. Kunkle, Esq.
Napoli Shkolnik / Melville, NY

12:00 pm

Lunch (on your own)

1:15 pm

Arbitration Clauses

Plaintiff and defense perspectives on the four cases before the Supreme Court this term

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

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

2:15 pm


2:30 pm

Settlement Strategies

Current best practices for designing a settlement that the courts will approve, and more effectively administering settlements once approved

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

The Hon. Ronald B. Leighton, Esq.
US District Court - Western District of Washington / Tacoma, WA

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

Emily Brubaker Harris, Esq.
Corr Cronin LLP / Seattle, WA

Kim D. Stephens, Esq.
Tousley Brain Stephens / Seattle, WA

4:00 pm

Evaluations and Adjourn

Faculty Bios

Thomas L. Boeder, Thomas L. Boeder, Program Co-Chair, is a partner at Perkins Coie. His practice has included complex cases involving antitrust, class actions, consumer product liability, consumer protection, and intellectual property issues.

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

The Hon. Thomas McPhee, The Hon. Thomas McPhee, Moderator, served for 22 years on the Thurston County Superior Court before joining JAMS.

Jaime Drozd Allen is a partner at Davis Wright Tremaine. She focuses on complex commercial litigation, including class actions.

Fred B. Burnside Fred B. Burnside is Co-Chair of the Class Action Defense Group at Davis Wright Tremaine. He is also co- chair of the ABA's Annual National Institute on Class Actions.

Gretchen F. Cappio Gretchen F. Cappio is a Partner at Keller Rohrback and represents plaintiffs in cases involving environmental disasters, drug prices, and corporate malfeasance.

Charles B. Casper Charles B. Casper is Chair of the Class Action Defense practice at Montgomery McCracken Walker & Rhoads.

Charles N. Eberhardt Charles N. Eberhardt is a Partner at Perkins Coie. He represents clients in employment class action litigation.

Rebecca J. Francis Rebecca J. Francis is a Partner at Davis Wright Tremaine. She focuses on consumer class action defense and health care litigation.

Lindsay Halm, Lindsay Halm, Schroeter Goldmark & Bender, focuses her practice on ending discrimination and illegal pay practices in the workplace.

Emily Brubaker Harris Emily Brubaker Harris is the Managing Partner at Corr Cronin LLP.

Todd M. Hinnen Todd M. Hinnen is a Partner with the Privacy & Security practice at Perkins Coie. He works closely with the Department of Justice and the Intelligence Community on compliance with law enforcement and national security issues.

Jeff B. Kray Jeff B. Kray is a partner at Marten Law. He focuses on water quality, water resources, and complex environmental litigation, including Clean Water Act permitting and regulatory compliance, and CERCLA (Superfund) site remediation.

Tate J. Kunkle Tate J. Kunkle is a member of the Environmental Litigation Department at Napoli Shkolnik. He represents plaintiffs in mass tort litigation, including the Fairchild Air Force Base contaminated drinking water case.

Cari Campen Laufenberg Cari Campen Laufenberg is a Partner at Keller Rohrback. She maintains a national practice representing consumers, employees, and institutions in complex class actions.

The Hon. Ronald B. Leighton The Hon. Ronald B. Leighton has served as a Judge for the US District Court - Western District of Washington since 2002.

Derek W. Loeser Derek W. Loeser is a partner at Keller Rohrback. He maintains a national practice prosecuting class action and large-scale individual cases, including corporate fraud and misconduct, securities, Employee Retirement Income Security Act ("ERISA") pension and health plan, breach of fiduciary duty, and investment mismanagement cases.

Thomas E. Loeser Thomas E. Loeser is a partner at Hagens Berman Sobol Shapiro. He has obtained judgments in cases that have returned billions of dollars to millions of consumers and more than $100 million to the government.

Toby J. Marshall Toby J. Marshall is a founding member of the Terrell Marshall Law Group. He represents plaintiffs in class actions, collective actions, and other complex litigation.

Tad Robinson O'Neill is an Assistant Attorney General in the Consumer Protection Division of the Washington State Attorney General's Office.

J. Warren Rissier J. Warren Rissier is a Partner at Morgan Lewis & Bockius. He focuses on class actions and other complex commercial litigation.

Paul Rosenfeld, Ph.D., Paul Rosenfeld, Ph.D., is Co-Founder and Principal Environmental Chemist at Soil Water Air Protection Enterprise (SWAPE).

Stephen M. Rummage Stephen M. Rummage is a Partner at Davis Wright Tremaine. He represents clients in complex litigation and class action defense.

Kim D. Stephens Kim D. Stephens of Tousley Brain Stephens has been appointed Special Attorney General for Washington State and lead counsel to manage both state and federal, multi-district class actions.

Continuing Education Credits

Live credits: This program qualifies for 11.25 Washington MCLE credits, including 1.0 ethics. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.