Law Seminars International Presents:

The 16th annual conference on

Litigating Class Actions

Best tips and strategies for navigating current litigation trends from nationally renowned class action litigators

May 7 & 8, 2020

Seattle, WA

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Program Overview

Who Should Attend

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

Why You Should Attend

After U.S. Supreme Court decisions in cases such as AT&T v. Concepcion, Wal-Mart v. Dukes, and Comcast v. Behrend, many pundits predicted the demise of class actions. However, class actions remain a significant part of civil dockets in federal and state courts addressing issues of consumer protection, employment practices, the environment, and healthcare.

The number of filings is increasing in areas such as accessibility, privacy, and cybersecurity. Although many practitioners assume that class actions always settle before trial, there is a growing body of cases that have gone to trial after class certification, with some substantial verdicts that are now on appeal. For those cases that do settle, courts are taking a much closer look at settlement terms, including attorneys' fees, and in some cases rejecting class-wide settlements that the parties propose. And for those companies that include arbitration terms with class-action waivers in their contracts, plaintiffs, courts, and legislatures continue to address whether those terms are enforceable in consumer and employment disputes.

This program will cover these and other important trends in class actions. Please join us for an interactive forum with speakers who will offer different perspectives from judges, government-enforcement attorneys, plaintiffs' attorneys, and defense counsel.

We hope you will join us for both the conference and the reception at the end of the first day.

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

What You Will Learn

  • 2020 case law trends
  • Environmental class actions
  • The opioid crisis and health care class actions
  • RICO claims in class action federal lawsuits
  • Class certification issues for human health impacts
  • Privacy class actions
  • The Illinois Biometric Information Privacy Act
  • Employment class actions
  • Arbitration clauses in consumer and employment class actions
  • Settlement strategies
  • Trials in class actions and post-trial motions
  • Navigating the ethical rules in a class action world

What Attendees Have Said About Similar Programs

  • "Very knowledgeable speakers."
  • "Excellent program."
  • "Very well run conference on cutting edge issues. Thanks for everything."
  • "Impressive program and looking forward to next year."

Agenda Day 1

8:30 am

Registration Opens

9:00 am

Introduction & Overview

Thomas L. Boeder, Esq. , Program Co-Chair
Perkins Coie / Seattle, WA

Timothy G. Fielden, Esq. , Program Co-Chair, Assistant General Counsel
Microsoft / Redmond, WA

9:15 am

2020 Update on Case Law Trends

Piecing together the past year's major decisions from Article 3 standing to valuation of claims

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

10:30 am

Break

10:45 am

Environmental Class Actions

Behr Dayton Thermal Products v. Martin and other recent cases on certification of common issues; implications for certification of other toxic tort class actions including the surge in Perfluoroalkyl and Polyfluoroalkyl substances (PFAS) cases

Barbara Mahoney, Esq.
Hagens Berman Sobol Shapiro / Seattle, WA

Eric L. Klein, Esq.
Beveridge & Diamond / Boston, MA

12:00 pm

Lunch (on your own)

1:15 pm

Health Care Class Actions: The Role of Class Actions as a Path to Recovery of Damages Related to the Opioid Crisis

State regulatory activity: Update on state-level consumer protection enforcement litigation and the interplay with local government, Tribal, and consumer class actions

Jeff Rupert, Esq. , Chief, Complex Litigation Division
Washington Attorney General's Office / Seattle, WA

Update on the negotiation class mechanism certified by federal Judge Polster in the Opioid MDL

Paulina do Amaral, Esq.
Lieff Cabraser Heimann & Bernstein / New York, NY

Case study of the RICO claims in class action federal lawsuits filed on behalf of Alaska Native Communities and in individual suits on behalf of Washington Tribes: Issues to be resolved and the relationship to other forms of Opioid litigation

Dan Drachler, Esq.
Zwerling Schachter / Seattle, WA

Class certification issues for human health impacts vs. financial impacts on government entities

Derek W. Loeser, Esq.
Keller Rohrback / Seattle, WA

3:15 pm

Break

3:30 pm

Privacy Class Actions

New developments for claims arising from data breaches, Telephone Consumer Protection Act (TCPA) violations, and the use of facial recognition

Eve-Lynn Rapp, Esq.
Edelson / San Francisco, CA

Robert E. Cattanach, Esq.
Dorsey & Whitney / Minneapolis, MN

Anticipating the broader impact of future state legislative actions: State-level trends including the Illinois Biometric Information Privacy Act (BIPA) and its use against defendants located in other states

Nicola Menaldo, Esq.
Perkins Coie / Seattle, WA

5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Perkins Coie

Friday, May 08, 2020

9:00 am

Navigating the Ethical Rules in a Class Action World

How to apply the Rules of Professional Conduct in class actions, with an emphasis on lessons from recent cases

Stephen M. Rummage, Esq.
Davis Wright Tremaine / Seattle, WA

10:00 am

Break

10:15 am

Employment Class Actions

Impact of the Me Too and equal pay movements

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

William Ben Stafford, Esq.
Perkins Coie / Seattle, WA

11:15 am

Arbitration Clauses in Consumer and Employment Class Actions

Potential impact of the legislation that recently passed the house

Lindsay Halm, Esq.
Schroeter Goldmark & Bender / Seattle, WA

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

12:15 pm

Lunch (on your own)

1:30 pm

Trials in Class Actions and Post-Trial Motions

Litigating Article 3 standing vs. litigating damages: When is it better to attack a lack of damages through a Rule 12(b)(6) motion rather than litigating standing?

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

Do you want to Focus on Article 3 standing or just litigate damages? (i.e. When is it better to attack a lack of damages through a Rule 12(b)(6) motion rather than litigating standing?)

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

2:45 pm

Break

3:00 pm

Settlement Strategies

Current best practices for designing a settlement that the courts will approve and effectively administering settlements once approved

The Hon. Thomas McPhee, Esq.
JAMS / Seattle, WA

Darrell L. Cochran, Esq.
Pfau Cochran Vertetis Amala / Tacoma, WA

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

Emily Brubaker Harris, Esq.
Corr Cronin / Seattle, WA

Kim D. Stephens, Esq.
Tousley Brain Stephens / Seattle, WA

4:30 pm

Evaluations and Adjourn

Faculty Bios

Thomas L. Boeder, Thomas L. Boeder, Program Co-Chair, is a partner at Perkins Coie. He is a former Chief of Antitrust, Consumer Protection and Criminal Law Enforcement in the Washington State Attorney General's Office.

Timothy G. Fielden, Timothy G. Fielden, Program Co-Chair, is Assistant General Counsel at Microsoft where he focuses on class action litigation.

The Hon. Thomas McPhee, The Hon. Thomas McPhee, JAMS, served 22 years on the Thurston County Superior Court.

Fred B. Burnside Fred B. Burnside is co-chair of Davis Wright Tremaine's class action defense group. He also serves as co-chair of the ABA's Annual National Institute on Class Actions.

Gretchen F. Cappio Gretchen F. Cappio is a partner at Keller Rohrback. She has a passion for striving for meaningful change through the class action device.

Charles B. Casper Charles B. Casper is chair of the Class Action Defense Practice at Montgomery McCracken Walker & Rhoads.

Robert E. Cattanach Robert E. Cattanach is a partner at Dorsey & Whitney. He represents clients on matters of cybersecurity, privacy, and information governance.

Darrell L. Cochran Darrell L. Cochran is a partner at Pfau Cochran Vertetis Amala. He has won a significant number of multi-million dollar verdicts and settlements for his clients.

Paulina do Amaral Paulina do Amaral is a partner at Lieff Cabraser Heimann & Bernstein and a senior member of the firm's Mass Tort and Injury Practice Team. Her current work includes national prescription opiate litigation.

Dan Drachler Dan Drachler is of counsel to Zwerling Schachter. He concentrates in the areas of antitrust, consumer and securities class action litigation.

Rebecca J. Francis Rebecca J. Francis is a partner at Davis Wright Tremaine. She focuses on complex civil litigation with an emphasis on consumer class action defense and healthcare litigation.

Lindsay Halm Lindsay Halm is a partner at Schroeter Goldmark & Bender. She represents plaintiffs in wage, sexual abuse, and safety violations in the community.

Emily Brubaker Harris Emily Brubaker Harris is the managing partner for Corr Cronin. In addition to class action defense, she is also one of the lead attorneys pursuing wrongful death claims arising from the 2014 Oso Landslide.

Eric L. Klein, Eric L. Klein, Beveridge & Diamond, represents major companies and municipalities in environmental and mass torts, class actions, and federal citizen suits under environmental statutes.

Derek W. Loeser, Derek W. Loeser, Keller Rohrback, represents state and local government entities in ongoing cases against opioid manufacturers.

Barbara Mahoney Barbara Mahoney is a partner at Hagens Berman Sobol Shapiro where she prepresents plaintiffs in complex class-action cases.

Toby Marshall Toby Marshall is a founding member of Terrell Marshall Law Group, where he represents plaintiffs in class actions, collective actions, and other complex litigation.

Nicola Menaldo Nicola Menaldo is of counsel to Perkins Coie. She defends technology companies on issues including privacy and data security, marketing, biometrics, scraping and web crawling, artificial intelligence (AI) and machine learning.

Eve-Lynn Rapp Eve-Lynn Rapp is a partner at Edelson. She devotes a considerable amount of her practice to consumer technology cases, consumer fraud cases, and privacy lawsuits.

Stephen M. Rummage Stephen M. Rummage is a partner at Davis Wright Tremaine. He represents class action clients from a broad variety of industries.

Jeff Rupert Jeff Rupert is Chief of the Complex Litigation Division at the Washington Attorney General's Office. He previously served as a Team Leader in the Consumer Protection Division.

William Ben Stafford William Ben Stafford is a partner at Perkins Coie. He has extensive experience defending complex wage-and-hour class action cases.

Kim D. Stephens Kim D. Stephens is a member of Tousley Brain Stephens. In addition to his private class action practice, he has been appointed special attorney general for Washington State and lead counsel to manage both state and federal, multi-district class actions.

Continuing Education Credits

Live credits: This program qualifies for 11.75 (inc 1 ethics) WA and 12.0 (inc 1 ethics) CA MCLE credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

Location

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1201 Third Avenue Building

1201 Third Avenue in Seattle, WA 98101

The conference will be held at the 1201 Third Avenue Building in Seattle. Our thanks to Perkins Coie for graciously hosting this event.
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