PLAY RECORDING

Overview:

With the evolving regulatory and compliance landscapes, class action litigation has significantly raised specific legal challenges and vulnerabilities to businesses across industries. In addition, although courts are generally adjusting the rules applicable to the concerns of class action lawsuits, several unsettled and divergent viewpoints can vastly cause critical issues and complications in this complex and multifaceted area of law.

Listen as a panel of seasoned commercial litigation attorneys presents an in-depth analysis of the fundamentals as well as recent developments in the class action and complex litigation landscape. Speakers will offer effective litigation strategies in light of the recent developments as well as best practices in dealing with the emerging legal challenges.

Key Issues:

  • Class Action and Complex Litigation – An Overview
  • Notable Cases
  • Trends, Developments, and Legal Challenges
  • Effective Strategies and Best Practices
  • Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-demand Webcast (CLE)

 

Prerequisite:

General knowledge of class action litigation

 

Course Code:

148902

 

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/

Speaker Panel:

Joshua A. Rubin, Attorney
Akin Gump Strauss Hauer & Feld LLP

Josh Rubin focuses his practice on complex commercial litigation, with an emphasis on consumer and securities fraud class action defense. Prior to joining the firm, Mr. Rubin served as a law clerk to the Honorable Margaret M. Morrow of the Central District of California.

Mr. Rubin earned his J.D. magna cum laude from New York University School of Law, where he received the Law Review Alumni Association Award and was a member of the Order of the Coif. He also served as a notes editor for the New York University Law Review. Mr. Rubin received his B.A. summa cum laude from Macalester College in Saint Paul.

Gary S. Graifman, Partner
Kantrowitz, Goldhamer & Graifman, P.C.

Gary S. Graifman, Esq. is a partner in the firm of KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C.  and chairs the firm’s national class action practice.  He is admitted to practice before the courts of the State of New York, the State of New Jersey, the United States Federal Courts for the Southern District of New York, the Eastern District of New York, the Northern District of New York, the District of New Jersey, the United States Court of Appeals for the Second Circuit, the Third Circuit and the Eighth Circuit.  He is also a member of the Class Action Committee of the New Jersey State Bar Association.  Mr. Graifman has litigated numerous cases involving complex business issues, consumer class actions and securities class actions.  He has litigated a number of cases resulting in reported decisions, including cases of first impression.

Ezekiel L. Hill, Partner
Goodwin Procter LLP

Zeke Hill, a partner in the firm’s Litigation Department, concentrates in the areas of securities and shareholder litigation, commercial litigation, and government and internal investigations.

Mr. Hill represents technology and life sciences companies in class action and M&A-related litigation, and syndicates of investment banks in litigation related to primary and secondary public offerings. He also represents private equity firms and their portfolio companies in post-closing disputes. His government and internal investigations practice includes representing companies in SEC and FINRA investigations and boards and board committees in internal investigations. Mr. Hill also advises companies on disclosure-related issues, minimizing litigation risk, and Section 16 of the Securities Exchange Act of 1934.

Agenda:

SEGMENT 1:

Joshua A. Rubin, Attorney

Akin Gump Strauss Hauer & Feld LLP

  • When the Supreme Court decided Comcast v. Behrend seven years ago, the general consensus was that it was a major win for the class action defense bar and would make it easier to defeat class certification.  However, the actual response by the bench has been more mixed.
  • On its face, Comcase holds only that a class’s damages model must align with its theory of liability.  Yet some initially believed that Comcast would be read to affirmatively require a class-wide damages model to be established.
  • With the benefit of almost a decade of subsequent case law, the legacy of Comcast can now be more easily seen.  Rather than providing defendants with a new weapon to defeat class certification, the Comcast decision can more accurately be described as providing another arrow in the quiver of the “predominance” argument.  Defendants are left to argue that individualized damages issues are among those individualized inquiries defeating predominance.
  • The Fifth Circuit appears to be an outlier in adopting the “strong” reading of Comcast and requiring a damages model.  Time will tell if the Supreme Court steps in again to resolve this split.

SEGMENT 2:

Gary S. GraifmanPartner

Kantrowitz, Goldhamer & Graifman, P.C.

I.  ARBITRATION AND CLASS ACTION WAIVERS

  • Definition of Class Action waivers
  • Federal Arbitration Act
  • Current State of Arbitration in Area of Employment law

II. RECENT REQUIREMENTS FROM THE NINTH CIRCUIT ON CLASS SETTLEMENTS

  • Issuance of the Procedural Guidance for Class Action Settlements

SEGMENT 3:

Ezekiel L. HillPartner

Goodwin Procter LLP

  • Personal Jurisdiction in Class Actions
    • Applying the Supreme Court’s 2017 BMS decision to personal jurisdiction in class actions
  • The Presumption of Reliance and Securities Class Actions
    • The Second Circuit’s Goldman decision and the inflation-maintenance theory
    • The Seventh Circuit’s Allstate decision and evidence of price impact

Date & Time:

Tuesday, September 01, 2020

3:00 pm to 4:30 pm (ET)

Materials:

Download Course Materials

Who Should Attend:

  • Class Action Lawyers
  • Litigation Attorneys
  • General Counsel
  • Legal Consultants
  • Legal Executives
  • Paralegals
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SPEAKERS

Joshua A. RubinAttorney
Akin Gump Strauss Hauer & Feld LLP
Gary S. GraifmanPartner
Kantrowitz, Goldhamer & Graifman, P.C.
Ezekiel L. HillPartner
Goodwin Procter LLP

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