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Overview:

Consumer financial services companies continue to face unprecedented regulatory and enforcement scrutiny and increasing litigation. Several types of consumer class actions cause disruption to many businesses. Consequently, the increasing number of this type of litigation as well as its size, complexity, and interplay with existing regulatory actions may damage businesses if not handled correctly.

As the number of consumer class action continues to grow, it is essential for businesses to be up to date with current developments, latest enforcement actions, and regulatory initiatives. It is also important to maintain an effective litigation defense and settlement strategy that will help them succeed in an evolving legal landscape.

In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide an in-depth analysis of the recent developments in consumer class action litigation. Speakers will also present the significant issues and critical challenges surrounding this topic including notable court decisions affecting such cases.

Key Issues:

  • Consumer Class Action Litigation – Trends and Developments
  • Regulatory and Enforcement Scrutiny
  • Notable Court Decisions
  • Issues and Challenges
  • Tips and Strategies
  • 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:

148378

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credits:

1.5 CLE


CLE State Requirements:

https://knowledgewebcasts.com/cle-state-requirements/

Speaker Panel:

Nancy Nguyen Sims, Of Counsel
DLA Piper LLP

Nancy Sims is a commercial litigator focusing on complex business disputes and investigations.

Nancy has successfully represented clients in commercial matters based on as contract claims, unfair competition, false advertising, fraud and related business torts. In particular, Nancy’s litigation practice involves defending class actions in the consumer, franchise, insurance, and labor and employment spaces. Nancy also has extensive experience conducting corporate internal investigations and government investigations, including those implicating the Foreign Corrupt Practices Act, UK Bribery Act and False Claims Act, as well as handling white collar matters.

Nancy Sims serves as the Chair of the Diversity and Inclusion Committee of DLA Piper’s Los Angeles Offices and is a member of DLA Piper’s North American Pro Bono Committee.

Chadwick A. McTighe, Member
Stites & Harbison, PLLC

Chad McTighe is the Louisville Office Leader of the Business Litigation Service Group. As an attorney in the Business Litigation service group, he regularly advises and represents clients in a wide range of business and commercial litigation matters, including extensive practice in class action litigation, shareholder and membership disputes, real estate litigation, data breaches, and fiduciary duty litigation. He represents clients in various industries, including oil and gas, tax liens, insurance, financial institutions, health care, and many others. He has practiced in a number of state and federal courts and has successfully argued multiple issues of first impression resulting in published appellate decisions. His accolades include: Martindale-Hubbell® (AV-Preeminent® rating), Super Lawyers, Benchmark Litigation’s Under 40 Hot List 2016, and Global Award as Class Action Adviser of the Year – USA in 2014.

Minh P. Doan, Vice President
Analysis Group, Inc.

Ms. Doan specializes in the evaluation of economic damages in complex commercial disputes, including intellectual property (IP), class certification, false advertising, antitrust, and breach of contract matters. She has extensive experience developing damages models and determining claimed lost profits and reasonable royalties in IP matters. Ms. Doan has assessed claims of class-wide economic injury and damages in numerous consumer class action matters involving beverages, hand soaps, cooking sprays, cereals, probiotics, and sunscreens, among other products. She has also led teams that evaluated plaintiffs’ use of conjoint analysis, hedonic regression, and other methodologies of calculating class-wide damages in a broad range of cases, including Toby Schechner, et al. v. Whirlpool Corporation, In re: 5-Hour Energy Marketing and Sales Practices Litigation, and Levi Jones, et al. v. ConAgra Foods, Inc.

Agenda:

SEGMENT 1:

Nancy Nguyen SimsOf Counsel

DLA Piper LLP

  • Litigating in state versus federal court
  • Highlights of procedural and substantive differences between the two systems
  • Potential strategies for plaintiffs and defendants when deciding whether to litigate
  • Consideration of state law variances

SEGMENT 2:

Chadwick A. McTigheMember

Stites & Harbison, PLLC

  • The Supreme Court’s decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016) continues to play a key role in consumesr class actions as courts grapple with the threshold question of standing. What are some of the recent decisions and trends on this issue?
  • The Supreme Court’s decision in Bristol-Myers Squibb v. Superior Court, 137 S. Ct. 1773 (2017) concerning specific jurisdiction was expected to have an impact on nationwide class actions. How has that issue played out, especially now that recent appellate decisions have been rendered?
  • Update on Telephone Consumer Protection Act litigation, particularly the question of what qualifies as an autodialer. Will the Supreme Court finally resolve the autodialer issue and the Circuit split now that it has taken up the question?
  • What are some issues on the horizon in the realm of consumer class actions?  What impact might COVID-19 have on these cases? Is there a future for class-wide arbitration?  And, if you aren’t already aware of it, be sure the California Consumer Privacy Act is on your radar—even if your business is not in California.

SEGMENT 3:

Minh P. DoanVice President

Analysis Group, Inc.

  • High-level overview of common methodologies utilized to estimate an alleged price premium for a falsely advertised product attribute in consumer class action matters:
    • Conjoint survey
    • Hedonic regression
    • Before label change/after label change price comparison
  • Discussion of tying damages methodologies to Plaintiff’s theory of liability (as required under Comcast)
  • Discussion of two recent case opinions where class certification was denied because Plaintiff’s expert’s proposed damages methodologies were not tied to Plaintiff’s theory of liability:
    • McMorrow et al. v. Mondelez International (relating to a proposed conjoint survey)
    • Schechner et al. v. Whirlpool Corporation (relating to a proposed hedonic regression)

Date & Time:

Tuesday, September 15, 2020

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

Materials:

Download Course Materials

Who Should Attend:

  • Class Action Lawyers
  • Litigators
  • In-house Legal and Compliance Executives
  • Business Executives
  • Consultants
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SPEAKERS

Nancy Nguyen SimsOf Counsel
DLA Piper LLP
Chadwick A. McTigheMember
Stites & Harbison, PLLC
Minh P. DoanVice President
Analysis Group, Inc.

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