PLAY RECORDING

Broadcast Date: Thursday, January 13, 2022 from 3:00 pm to 5:00 pm (ET)

Overview:

The number of class action lawsuits across industries has significantly proliferated over the years, creating a profound impact on the regulatory and litigation landscapes. Because of this, the climate of class action litigation continues to remain uncertain and the need to be abreast of any emerging development must always be underscored. More importantly, businesses and their counsel must keep themselves in the know of the latest regulatory updates and up-to-date litigation tools and strategies to successfully win this type of lawsuit.

This course will discuss the following key provisions:

  • Class Action Litigation: Trends and Statistics
  • Emerging Challenges
  • Spotting Litigation Red Flags
  • Best Litigation Tools and Techniques
  • Outlook

Credit:

Course Level:

Intermediate

 

Advance Preparation:

Print and review course materials

 

Method of Presentation:

On-Demand Webcast

 

Prerequisite:

General knowledge of class action litigation

 

Course Code:

149409

 

NY Category of CLE Credit:

Areas of Professional Practice

 

Total Credit:

2.0 CLE

Speaker Panel:

Jennifer A. Riley, Partner
Seyfarth Shaw LLP

Jennifer A. Riley is a partner in the Chicago office of Seyfarth Shaw LLP, a leading national employment and labor law defense firm. Ms. Riley practices in the complex employment litigation area, with a primary emphasis on defending employers from class, collective, and representative lawsuits brought in federal and state courts throughout the U.S.  She regularly represents employers facing employment discrimination class actions, wage & hour class and collective actions, EEOC pattern or practice lawsuits, and systemic investigations involving hundreds to thousands to tens of 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).

Stefan Boedeker, Managing Director
Berkeley Research Group, LLC

Stefan Boedeker is a managing director with BRG’s Economics and Damages practice, where he specializes in statistical consulting.

Over the last thirty years, he has worked on hundreds of cases and projects in the litigation and management consulting context, where he specializes in the application of economic, statistical, and financial models to areas such as solutions to business issues, economic impact studies, and complex litigation cases.

Mr. Boedeker has provided economic, financial, and statistical consulting and expert services to clients across a wide range of industries, including healthcare, pharmaceuticals, life sciences, high technology, entertainment, manufacturing, retail, real estate, insurance, and financial services, and federal, state, and local governments. He has issued hundreds of expert reports and given deposition and trial testimony in state and federal courts, arbitrations, and regulatory hearings over 150 times.

Mark P. Rapazzini, Senior Director
Kroll Settlement Administration

Mark Rapazzini consults with clients in government enforcement actions, consumer, and consumer finance cases. He has over 25 years of trial and appellate legal experience in cases ranging from individual civil litigation to class actions and complex mass torts. Mark also has over 20 years of experience managing complex claims administration matters.

While still practicing law, Mark and his law partner founded RG2 Claims Administration, LLC, where he served as Chief Operating Officer and was responsible for business development and strategic direction. In 2008, Mark and his RG2 co-founder joined a national claims administration company, where he was a Senior Vice President in client services and consulting. Mark’s legal career was in private practice, including as a partner at Duane Morris LLP; and as a founding partner at Rapazzini & Graham, LLP.

Mark holds a bachelor’s degree in Political Science from the University of California at Berkeley and a J.D. from Santa Clara University School of Law. He is a member of the State Bar of California, the U.S. Courts of Appeal 9th Circuit and 4th Circuit, the U.S. Northern District Court of California, Central District Court of California, Eastern District Court of California, and Southern District Court of California.

Mark has served as a Court-Appointed Mediator, Court-Appointed Arbitrator, Settlement Judge Pro Tem, Independent Arbiter pursuant to an Assurance of Discontinuance for the New York Attorney General, and as the Independent Adjudicator pursuant to a CFPB Consent Order. Mark served as Special Master in MDL No. 2577 and is currently as Special Master in MDL No. 2709.

M. Scott McIntyre, Partner
Baker & Hostetler LLP

Scott McIntyre, a partner with BakerHostetler, is an experienced litigator who provides counsel to employers concerning wage and hour compliance and defends collective action and class action claims and lawsuits. His experience includes, for example, the defense of off-the-clock claims, misclassification claims, independent contractor liability, joint employment claims and employee privacy and data security matters.  He has tried multiple cases on behalf of employers, including a victory on behalf of a national employer client in a high-stakes lawsuit filed by the EEOC and a recently successful jury trial in federal court. He is  board certified as a specialist in employment and labor law and is ranked by Chambers USA; Best Lawyers; Super Lawyers and maintains the AV rating by Martindale.  Scott’s practice encompasses the full range of employment litigation across multiple industry sectors, as well as counseling of union and non-union employers on litigation avoidance strategies and best practices.  As a former clerk to a United States Court of Appeals Judge for the Seventh Circuit, Scott also maintains an active appellate practice. Scott is the past president of the Cincinnati and Northern Kentucky Federal Bar Association and currently serves as an appointed member of the Ohio Supreme Court’s Commission on the Rules of Practice and Procedure.

Agenda:

SEGMENT 1:

M. Scott McIntyre, Partner

Baker & Hostetler LLP

  • Recent Court Rulings  and SWALES DECISION…and trends towards stricter requirement for conditional certification
  • Canaday decision
  • Employees subject to arbitration agreements may be omitted from conditional certification
  • State law compensable time issues (Multi state issues/6th circuit?)

SEGMENT 2:

Stefan BoedekerManaging Director

Berkeley Research Group, LLC

  • Statistical Evidence in Class Action Proceedings
  • Overview of Methodology in Class Certification, Liability Assessment, Damages Quantification, and Settlement/Judgment Distribution
  • Case Examples
  • Future Trends of Using Statistical Evidence

SEGMENT 3:

Jennifer A. RileyPartner

Seyfarth Shaw LLP

  • Key trends in workplace class action litigation from 2020-2021
    • Filing trends
    • Certification trends
    • Settlement trends
    • The impact of COVID-19
  • Key rulings / key decisions on defenses to class certification
    • Uninjured class members
    • Personal jurisdiction
    • Class action waivers
  • What to expect in 2022 on the workplace class action front
    • Changes to key rules / regulations from EEOC / DOL
    • Continued effect of COVID-19
    • Impact of certification and settlement numbers

SEGMENT 4:

Mark P. RapazziniSenior Director

Kroll Settlement Administration 

  • Government Enforcement Actions vs. Class Actions – Similar but Not the Same
    • The parties negotiations over the scope of the administration are very different
    • The outreach to consumers is much greater in government enforcement actions
    • The efforts to distribute funds to consumers are also greater than most class actions

Materials:

Download Course Materials

Who Should Attend:

  • Law Firm Associates
  • Class Action Lawyers
  • Mass Tort Lawyers
  • Law Firm Partners
  • Litigators
  • Litigation Officers
  • General Counsel

SPEAKERS

Jennifer A. RileyPartner
Seyfarth Shaw LLP
Stefan BoedekerManaging Director
Berkeley Research Group, LLC
Mark P. RapazziniSenior Director
Kroll Settlement Administration
M. Scott McIntyrePartner
Baker & Hostetler LLP

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