Broadcast Date: Tuesday, February 11, 2020
from 12:00 pm to 1:30 pm (ET)

[non_ce_events]

Overview:

Class certification under the Federal Rule of Civil Procedure 23 has been a complex and challenging battle for plaintiffs and defendants alike. With the shifting legal interpretation and stringent analysis, the certification process has become increasingly difficult and costly.

Lawyers and clients should continuously be wary of the current and emerging trends and developments to navigate the settlement or litigation process successfully. Up-to-date knowledge is crucial in developing strategies that would help them bring out the best in this lawsuit.

Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they provide the audience with an in-depth analysis of the recent developments surrounding class certifications. Speakers will also offer helpful insights on the effective strategies litigators can apply at the class certification stage.

Some of the major topics that will be covered in this course are:

  • Class Certification: Notable Cases
  • Recent Legal Developments
  • Risks, Challenges, and Pitfalls
  • Practical Tips and Strategies
  • What Lies Ahead

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:

148336

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.5 CLE

Speaker Panel:

Jennifer A. Riley, Partner
Seyfarth Shaw LLP

Jennifer Riley is a partner in the Chicago office of Seyfarth Shaw LLP, the leading national employment and labor law firm.  Ms. Riley practices in the complex employment litigation area, with a primary emphasis on defending companies from class and collective action lawsuits brought in federal and state courts throughout the U.S.  She regularly represents employers facing employment discrimination class actions, wage & hour collective actions, EEOC pattern or practice lawsuits, and systemic investigations involving hundreds to thousands of employees.  Ms. Riley also counsels employers regarding a range of issues, including hiring practices, investigations, and wage & hour compliance.  Ms. Riley obtained her B.A. from Vanderbilt University and obtained her J.D. from the University of California at Berkeley (Boalt Hall).

Dr. Fabian Leimgruber LL.M, Senior Partner
ThomannFischer

Dr. Fabian Leimgruber is a lawyer and senior patent attorney, who has earned an international reputation as litigator and prosecutor mainly in the fields of competition and antitrust law, software and business methods patenting, pharmaceutical and life science IP protection. He practices in an advisory and forensic role as a licensed attorney before various courts on all levels, the Opposition and Appeal Boards of the European Patent Office, as well as national and international arbitration courts.

Juris Doctor in comparative antitrust and competition law. Natural Science Doctor in Physics. Specialized expertise in (i) competition/antitrust law, pharmaceutical industry and reverse payment settlement agreements, (ii) protection of software, business model and artificial intelligence, (iii) information technology (IT), electrical engineering and telecommunications, (iv) nano-technology and bio-chemistry.

Pavel Darling, Vice President
Analysis Group

Pavel Darling, a Vice President in Analysis Group’s Boston office, specializes in complex quantitative analyses to address litigation, strategy, and policy questions, primarily in the health care sector. He focuses on class certification and other topics relevant to pharmaceutical litigation. His expertise also includes reverse payment patent settlements, in which he has supported expert testimony and managed case teams in the analysis of claims data and contractual agreements, and damages assessments in antitrust and patent infringement cases. Mr. Darling designs and implements customized suspicious order monitoring and loss prevention programs, and assesses the market impacts of changes in the scheduling of controlled substances. He has analyzed and presented damages findings before the Offices of the United States Attorneys and the United States Drug Enforcement Administration (DEA), with a focus on preparing alternative damages models using customer- and patient-level data. Mr. Darling has also submitted and supported expert testimony in several other venues. He has coauthored a number of published reports and journal articles. Mr. Darling holds an M.B.A. from the MIT Sloan School of Management.

Agenda:

Jennifer A. RileyPartner

Seyfarth Shaw LLP

  • Introduction and Key Rulings

Dr. Fabian Leimgruber LL.MSenior Partner

ThomannFischer

  • The Federal Rule of Civil Procedure 23
  • Core changes to Rule 23 as of December 2018
    • Federal class-action notice: Rule 23(c)(2)
    • Preliminary settlement approval and notice: Rule 23(e)(1)
    • The four factors to be considered for settlement approval: Rule 23(e)(2)
    • The indication of an object to a settlement approval and unrepresented objectors / discourage bad-faith objectors: Rule 23(e)(5)
    • Interlocutory appeals under Rule 23(f)
  • Impact of the amendments of Rule 23 to the administration of justice
  • US and EU Approach to Class Action Litigation
    • Current draft legislation: Substantive rights and procedural rules
    • Applying safeguards
    • Class Rule 23’s certification requirements and access to the courts under EU regime
    • Representative actions for injunctive relief
    • Injunctions Directive the four legs for a Unionwide framework

Pavel DarlingVice President

Analysis Group

  • The role(s) of the expert in class certification
    • Description of phases and different expert usage: liability, impact, damages
    • Recent trends and case studies
  • Daubert challenges
    • Recent trends: legal vs scientific exclusions
    • Strategies for reducing Daubert exposure

Date & Time:

Tuesday, February 11, 2020

12:00 pm to 1:30 pm (ET)

Who Should Attend:

  • Class Action Lawyers
  • Trial Attorneys
  • Litigators
  • General Counsel
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SPEAKERS

Jennifer A. RileyPartner
Seyfarth Shaw LLP
Dr. Fabian Leimgruber LL.MSenior Partner
ThomannFischer
Pavel DarlingVice President
Analysis Group

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