Law Seminars International Presents:

The 13th Annual Conference on Litigating

Class Actions

Trends, tips and strategies from the Nation's leading class action experts

April 27 & 28, 2017

Seattle, WA
(or anyplace you may be via webcast!)

Download PDF Brochure
Seattle - WA

Intro

Who Should Attend

Attorneys, business executives, and consultants involved with class action litigation and government officials involved with parallel investigations

Why You Should Attend

2016 continued the trend of key developments in class actions, with court decisions on Article III standing, mootness, arbitration clauses with class action waivers, ascertainability, commonality, predominance, trial by formula, and settlements. Lower courts continue grappling with opinions from the U.S. Supreme Court in cases such as Comcast, Concepcion, Dukes, Genesis Healthcare, Halliburton, and Spokeo. The Supreme Court's current term once again includes appeals that will affect class action practice. The Trump Administration, a Republican-controlled Congress, and revisions to Federal Rule of Civil Procedure 23 will bring further changes to class actions. New filings in state and federal courts remain high with uncertain and mixed outcomes. Please join us for this program covering important developments in class action law, with presentations demonstrating that class actions remain a vibrant and significant area of law.

~ Thomas L. Boeder, Esq. of Perkins Coie LLP and Tim G. Fielden, Esq. of Microsoft Corporation, Program Co-Chairs

What You Will Learn

  • ~National trends in class actions
  • ~Impact of Spokeo v. Robins on Article 3 Standing
  • ~Auto defect class actions
  • ~Guidance from Tyson Foods on appropriate uses for statistical evidence
  • ~Impact of the 2016 presidential election on antitrust and consumer protection class actions
  • ~Trends in data breach litigation
  • ~Trends in labor and employment litigation
  • ~Trends in food and product defect case
  • ~Trends in class action waivers cases and ADR
  • ~Settlement approval strategies for gaining court

What Attendees Have Said About Similar Programs

  • "Impressive program and looking forward to next year."
  • "Excellent topics and quality speakers!"
  • "Our firm determined this was the best Class Action seminar around."

Agenda Day 1

Thursday, April 27, 2017

8:00 am

Registration Opens

8:30 am

Legal Ethics Opening (Optional)

Communication issues with putative class members by plaintiffs and defense counsel

John Strait, Esq. , Professor
Seattle University School of Law / Seattle, WA

9:30 am

Introduction to the Main Program

Thomas (Tom) L. Boeder, Esq. , Program Co-Chair
Perkins Coie LLP / Seattle, WA

Tim Fielden, Esq. , Program Co-Chair, Asst. General Counsel, Corp., External, and Legal Affairs
Microsoft Corp / Redmond, WA

9:45 am

Annual Update on National Class Action Trends

Charles B. Casper, Esq.
Montgomery McCracken Walker & Rhoads LLP / Philadelphia, PA

10:30 am

Break

10:45 am

Article 3 Standing After Spokeo v. Robins

A hotly contested issue as lower courts attempt to flesh out what it means: Perspectives on the decisional trends

Rafey S. Balabanian, Esq.
Edelson PC / Chicago, IL

J. Warren Rissier, Esq.
Morgan Lewis & Bockius LLP / Los Angeles, CA

11:45 am

Trends in Auto Defect Litigation

Two emerging fields of litigation: cars too complex to be safe (Toyota SUA) and purposeful fraud by manufacturers (VW Dieselgate)

Thomas E. Loeser, Esq.
Hagens Berman Sobol Shapiro LLP / Seattle, WA

Derek William Loeser, Esq. (inv)
Keller Rohrback LLP / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Trial by Expert: Tyson Foods and Statistical Evidence

Perspectives on the appropriate places for use of statistical evidence

Thomas E. Loeser, Esq.
Hagens Berman Sobol Shapiro LLP / Seattle, WA

Fred B. Burnside, Esq.
Davis Wright Tremaine LLP / Seattle, WA

2:45 pm

Break

3:00 pm

Impact of the 2016 Election on Antitrust and Consumer Protection Class Actions

Expected changes on antitrust and consumer protection enforcement under a Trump administration: To what extent will state action and class action litigation fill the void?

Jeffrey S. Jacobson, Esq.
Kelley Drye / New York, NY

State regulatory perspective

Shannon E. Smith, Esq. , Chief of the Consumer Protection Division
Washington State Attorney General's Office / Seattle, WA

Plaintiff perspective

Stephen E. Morrissey, Esq.
Susman Godfrey LLP / Seattle, WA

Defense perspective

Rebecca J. Francis, Esq.
Davis Wright Tremaine LLP / Seattle, WA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Perkins Coie LLP

Agenda Day 2

Friday, April 28, 2017

8:30 am

Trends in Data Breach Litigation

Evolving standards of care and case law trends for companies holding consumer data

Todd M. Hinnen, Esq.
Perkins Coie LLP / Seattle, WA

9:15 am

Trends in Labor & Employment Litigation

Why are wage and hour cases so prolific? Recent developments

Charles N. Eberhardt, Esq.
Perkins Coie LLP / Bellevue, WA

Toby J. Marshall, Esq.
Terrell Marshall Law Group PLLC / Seattle, WA

10:15 am

Break

10:30 am

Update: Food and Product-Defect Class Actions

A look at ongoing food-related litigation involving allegations of product defect and injury, economic and personal, with a focus on crafting theories of liability and injury that can survive attacks on standing, predominance, and manageability

Denis W. Stearns, Esq. , Professor of Food Law & Policy
Seattle University School of Law / Seattle, WA

11:15 am

Arbitration Clauses with Class Action Waivers

Trends in class action cases; implications of Kindred Nursing Centers v. Chrzanowksi and other cases on use of class action waivers in other contexts

F. Paul Bland, Jr., Esq. , Executive Director
Public Justice PC / Washington, DC

Gavin W. Skok, Esq.
Riddell Williams PS / Seattle, WA

12:15 pm

Lunch (on your own)

1:30 pm

Settlement Strategies for Class Actions and Multidistrict Litigation

Best practices for designing a settlement that the courts will approve; when not in court, adapting strategies to better fit ADR; tips for more effectively administering settlements once approved

Cathy Yanni, Esq. , Moderator
JAMS / San Francisco, CA

The Hon. Richard Kramer, Esq. (ret)
JAMS / San Francisco, CA

Gretchen F. Cappio, Esq.
Keller Rohrback LLP / Seattle, WA

Emily Brubaker Harris, Esq.
Corr Cronin Michelson Baumgardner Fogg & Moore LLP / Seattle, WA

3:00 pm

Evaluations and Adjourn

Faculty Bios

Thomas (Tom) L. Boeder, Thomas (Tom) L. Boeder, Program Co-Chair, is a partner at Perkins Coie LLP, where he is a commerical litigator whose cases include antitrust and class actions. He is a former Deputy Attorney General and Chief of Antitrust, Consumer Protection and Criminal Enforcement in the Washington State AG's Office.

Tim G. Fiel den, Program Co-Chair, is Assistant General Counsel for Corporate, External, and Legal Affairs, at Microsoft Corporation. He represents the company in class actions, product liability, and commercial litigation.

Rafey S. Balabanian Rafey S. Balabanian is the Managing Partner and General Counsel at Edelson PC. His practice focuses upon a wide range of complex consumer class action litigation and has extensive experience both prosecuting and defending class actions.

F. Paul Bland, Jr. is Executive Director of Public Justice PC. He manages and leads a staff guiding the organization's litigation docket and other advocacy. He has argued and won more than 30 cases that led to reported decisions for consumers, employees or whistleblowers.

Fred B. Burnside is a partner at Davis Wright Tremaine LLP and concentrates his practice in complex civil litigation, with particular emphasis on consumer class action defense, and Co-Chair of the Class Actions Defense Group.

Gretchen F. Cappio Gretchen F. Cappio is a partner in Keller Rohrback LLP's nationally-recognized Complex Litigation Group. The cutting-edge and complex matters she has litigated include serving on the leadership team representing Volkswagen, Audi and Porsche consumers.

Charles B. Casper Charles B. Casper is a partner at Montgomery McCracken Walker and Rhoads LLP. He is Chair of the Class Action Defense Practice and focuses on national and statewide class actions, computer software and hardware, commercial and antitrust litigation.

Charles N. Eberhardt is a partner in Perkins Coie LLP's Labor & Employement practice. He is experienced in wage and hour matters, data-intensive class litigation, high-stakes labor arbitrations, unfair labor practice proceedings, and TRO and injunction litigation.

Emily Brubaker Harris is a partner at Corr Cronin Michelson Baumgardner Fogg & Moore LLP. She focuses on complex civil litigation, class action defense, products liability, real estate litigation, and employment litigation.

Todd M. Hinnen is a partner at Perkins Coie LLP. He serves as Chair of the firm's Privacy and Security Practice Group and focuses on privacy, data security, compliance with law enforcement and national security issues. Previously, he was the Acting Assistant Attorney General for National Security at the U.S. Department of Justice.

Jeffrey S. Jacobson Jeffrey S. Jacobson is a partner at Kelley Drye. He defends consumer, privacy and securities class actions, and represents media, technology and other companies in general commercial litigation. He also has considerable skills in managing electronic discovery.

The Hon. Richard Kramer (Ret.) join ed JAMS as a full-time neutral after nearly two decades as a well-respected judge in San Francisco Superior Court presiding over cases in the Court's Complex Litigation Department.

Derek W. Loeser is a senior member of Keller Rohrback's nationally recognized Complex Litigation Group. He focuses on ERISA, securities fraud, employment, and consumer protection class action litigation. He was a trial attorney for United States Department of Justice where he prosecuted class action employment discrimination cases.

Thomas E. Loeser, Thomas E. Loeser, partner, Hagens Berman Sobol Shapiro LLP, focuses on automobile defect litigation, class actions, False Claims Act and other whistleblower cases, consumer protection and data breach/identity-theft/privacy cases. The firm was appointed to the Plaintiffs' Steering Committee in the VW consumer diesel emissions case and was class counsel in the VW dealer case. Hagens Berman currently has cases pending against Volkswagen, Audi, Bosch, Fiat Chrysler, General Motors, BMW, Mercedes and Chevrolet. Previously, Mr. Loeser was a cyber-prosecutor for the Department of Justice in Los Angeles.

Toby J. Marshall is a member of Terrell Marshall Law Group PLLC. He concentrates on civil litigation and represents workers, consumers, and other plaintiff groups in a variety of class actions, including wage and hour, consumer fraud, and civil rights cases.

Stephen E. Morrissey Stephen E. Morrissey is a partner at Susman Godfrey LLP. An experienced trial lawyer, he fouses on complex business cases, particularly on antitrust and intellectual property.

J. Warren Rissier is a partner at Morgan Lewis & Bockius LLP. He counsels on defense of class actions and other complex commercial litigation, with emphasis on consumer actions, securities, professional liability, and real estate disputes.

Gavin W. Skok Gavin W. Skok is a partner and Chair of Riddell Williams PS' Litigation Group. He is a commercial litigator whose practice emphasizes class action defense, data security litigation, securities fraud, and intellectual property disputes.

Shannon E. Smith is Senior Counsel and Chief of the Consumer Protection Division for the Washington State Attorney General's Office. She manages the Consumer Protection Division's litigation, enforcement, consumer services, and consumer outreach.

Denis W. Stearns is a Professor of Food Law & Policy at the Seattle University School of Law, and of counsel at Marler Clark, the first law firm with a national practice focused on foodborne illness litigation. He was also a founding partner and former principal of the firm.

John Strait, is Associate Professor of Law, Seattle University School of Law. He consults and lectures nationally on civil and criminal trial advocacy, legal and judicial ethics, and legal malpractice, and serves on the Washington Supreme Court's Judicial Ethics Advisory Committee.

Cathy Yanni Cathy Yanni is a full time specialist in ADR. Since joining JAMS in 1998, she has settled thousands of cases. Her practice includes mediation, Special Master, and arbitration. Her substantive knowledge, focused attention to detail, and persistent follow up are the keys to her high success.

Credits

Continuing Education Credits

Live credits: This program qualifies for 11.50 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Location

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1201 Third Avenue Building, 49th Floor

1201 Third Avenue in Seattle, WA 98101

The conference will be held at the 1201 Third Avenue Building, 49th Floor at 1201 Third Avenue in Seattle, WA 98101.
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