Broadcast Date: Tuesday, March 30, 2021
from 12:00 pm to 1:30 pm (ET)
Overview:
Consumer class actions have risen sharply over the last few years. Concurrently, the present economic upheaval brought by the COVID-19 pandemic fueled a spike in the number of consumer lawsuits filed across industries. This upsurge is most notable in financial institutions where lawsuits typically involve suspension of loan repayment, debt collection, and foreclosure. Similarly, the rise of class action cases was also noted in media and sports industries as well as in universities and educational institutions.
Recent court rulings, such as the TransUnion v. Ramirez and Bristol-Myers Squibb Co. v. Superior Court of California decisions, will continue to reshape the future of class action litigation. Thus, business and their counsel should keep themselves abreast of all emerging developments and court rulings. They must not only revisit their practices on consumer lawsuits but also develop robust and efficient strategies specifically devised to ensure a win against consumer class actions.
Listen as a panel of key thought leaders and distinguished professionals assembled by The Knowledge Group examine the latest trends and developments in consumer class action. This course will present current and emerging developments in consumer law and offer the best litigation practices to avoid pitfalls in this evolving legal climate.
Key issues that will be covered in this course are:
- Consumer Class Action: Trends and Statistics
- Developments in Consumer Law
- Notable Cases and Court Decisions
- Critical Issues and Litigation Red Flags
- Best Practices Against Consumer Lawsuits
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-demand (CLE)
Prerequisite:
General knowledge of class action
Course Code:
149352
NY Category of CLE Credit:
Areas of Professional Practice
Total Credits:
1.5 CLE
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Megan Starace Ben'Ary, Member
McGlinchey Stafford PLLC
Megan Starace Ben’Ary is the Managing Member of McGlinchey’s Washington, DC office, representing clients in federal and state court at both the trial and appellate levels. Megan’s practice focuses on complex commercial litigation and consumer financial services litigation. She has extensive experience within the consumer credit, mortgage, and debt collection industries, having developed proficiency in litigating individual and class action matters involving the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA), the Telephone Consumer Protection Act (TCPA), and the Truth in Lending Act (TILA), as well as related state laws. Megan also has significant experience litigating individual and class action matters involving employment background screening practices under the Fair Credit Reporting Act.
Joseph A. Apatov, Member
McGlinchey Stafford PLLC
Joseph “Joe” Apatov is a Member in McGlinchey’s Consumer Financial Services Litigation practice group. Based in Fort Lauderdale, Joe litigates on behalf of financial services clients in both state and federal courts, with an emphasis on defending banks, mortgage lenders and servicers, automobile finance companies, and private-label card issuers. He has worked extensively with several major consumer protection statutes, including the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and the Real Estate Settlement Procedures Act (RESPA), as well as related state laws. A substantial portion of Joe’s practice involves consumer class action litigation.
Darren W. Dummit, Counsel
Seyfarth Shaw LLP
Darren Dummit is Litigation Counsel in Seyfarth Shaw’s Los Angeles – Century City office. Darren partners with clients to provide legal analysis and advice that focuses on achieving the business’ goals outside of traditional legal frameworks, while also providing an aggressive and firm-yet-amiable approach to litigation and dispute resolution. Darren’s practice focuses on the defense of claims in a wide variety of areas, including commercial, commercial class actions, real estate, healthcare, and employment litigation, in addition to representing and advising start-ups and growth companies in the entertainment, tech, and cannabis spaces.
Agenda:
SEGMENT 1:
Megan Starace Ben'Ary, Member
McGlinchey Stafford PLLC
Joseph A. Apatov, Member
McGlinchey Stafford PLLC
- Class actions against financial institutions regarding COVID-19 issues, including suspension of loan repayment, debt collection and/or foreclosure.
- Class actions related to CARES Act amendment to Fair Credit Reporting Act.
- Article III Standing developments.
- SCOTUS review of Ninth Circuit holding in TransUnion v. Ramirez: Whether either Article III or Federal Rule of Civil Procedure 23 permits a damages class action when the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.
- Application of Bristol-Myers personal jurisdiction analysis to nationwide class actions.
- The role of administrative feasibility for identifying class members in class certification analysis (and developing Circuit split).
- “Session Replay” and other electronic monitoring of website use under the federal Wiretap Act and Related state statutes.
SEGMENT 2:
Darren W. Dummit, Counsel
Seyfarth Shaw LLP
- Covid-related Refund Class Actions involving and against Sports Teams and Concerts / Festivals (different approaches and considerations; recent trends and results)
- Covid-related Refund Class Actions involving and against Third Party Ticket Brokers (different configurations with teams, leagues, and partners; recent trends and results)
- Covid-related Refund Class Actions involving Partnerships and Consolidated Entertainment Memberships (underlying terms and conditions, varying local health and safety restrictions; recent trends and results)
- Covid-related Refund Class Actions involving Universities and Educational Institutions (different arguments by plaintiffs, recent trends and results)
- What types of arguments and actions can be expected in the future - both short term and long term (focus on diminished value and other potential future trends)
Date & Time:
Tuesday, March 30, 2021
12:00 pm to 1:30 pm (ET)
Who Should Attend:
- Class Action Lawyers
- Litigators
- In-house Legal and Compliance Executives
- Business Executives
- Consultants
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