Class Action Precertification Tactics
Leveraging Early Litigation Strategies for Removal, Discovery, Dispositive Motions, and Settlement
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, May 18, 2010
Recorded event now available
This CLE webinar will provide counsel with critical precertification litigation strategies to position the parties for either obtaining class certification or advancing early exit strategies with dispositive motions or settlement negotiations.
Description
The early stages of the class action lawsuit are critical because strategic decisions made then set the stage for the remainder of the litigation. At the onset, both plaintiffs and defendants wrestle with the issue of removal—should removal be avoided or is the case removable under CAFA?
Defendants must consider the dispositive motions that should be filed and whether to challenge the named plaintiffs early on. Both sides must define the scope of discovery—plaintiffs need to decide what to pursue, and defendants what they will fight.
There are also strategic decisions to be made regarding precertification settlements. Parties must weigh the pros and cons of commencing settlement discussions early in the litigation.
Listen as our authoritative panel of class action attorneys discusses key precertification litigation strategies, ranging from removal to motions practice to settlement.
Outline
- Filing and removal issues
- Initial pleadings: complaint, answer, affirmative defenses, counterclaims/third party
- Jurisdiction and venue choice: state v. federal, statewide-nationwide
- Removal/CAFA
- Dispositive motions: effect of Iqbal pleadings standard on dispositive motions in the class action arena
- Motion to dismiss (Iqbal) (subject matter jurisdiction, venue, first to file, in favor of arbitration, standing, mootness)
- Motion for summary judgment
- Motion to strike class allegations
- Discovery considerations
- Class counsel's communications with putative class members: discovery to identify members, privilege issues at each level
- Defense counsel communications with putative class members
- Motion to stay discovery pending motions to dismiss
- Discovery: discovery of absent class members, bifurcation of discovery (class v. merits), e-discovery
- Early settlement strategies
- Rule 68 offers of judgment
- Individual settlement
- Pre-certification settlement: court approval, notice, settlement certification
Benefits
The panel will review these and other key questions:
- What effect have the Iqbal pleading standards had on class action pleading?
- What strategic advantage is there for defendants to seek dismissal of named plaintiffs?
- When can a defendant communicate with putative class members?
- When is the most opportune time to engage in settlement negotiations — and what are the pitfalls in opening negotiations too early in the litigation?
Faculty
Todd L. Nunn,
Partner
K&L Gates, Seattle
His practice emphasizes electronic discovery and document production and class action defense. His class action defense experience includes defense of numerous nationwide and statewide consumer protection class actions. He has also defended government regulation, products liability, environmental, employment and securities class actions.
Shelley M. Hall,
Shareholder
Stokes Lawrence, Seattle
Shelley has a commercial litigation practice emphasizing class actions, intellectual property and other complex cases in trial and appellate courts. She also practices in the First Amendment and media law field, with experience in access to government records and defense of defamation and privacy claims.
Patrick J. Sheehan,
Member
Whatley Drake & Kallas, Boston
His practice focuses on consumer protection, healthcare law, insurance law, issues relating to information security and identity theft and other complex litigation. As part of his practice, he represents businesses, professional associations, professionals, consumers and other individuals in class actions and other litigation pending throughout the country.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, CO, FL, GA, MO, MT, TX, VT, WA.
Upon request, also available in: CT*, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CO, CT, FL, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The teleconference contained information that was relevant, useful and up-to-date.
Mark Hegedus
Spiegel & McDiarmid
One of the best CLEs outside my firm that I have attended in a long time. The materials and the dual perspectives were great and the comments on one another's presentations were very instructive.
Lisa Taylor Hudson
Sands Anderson Marks & Miller
The webinar provided good practical advice.
Peter Bado
Thrivent Financial
Presentations were excellent. I especially benefited from the question and answer session, as the speakers addressed actual situations that affect many of us.
Angelica Toro
Popular
I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.
Andrew Lillie
Hogan & Hartson
Class Action Law Advisory Board
Partner
Reed Smith
Partner
Hagens Berman Sobol Shapiro
Partner
O'Melveny & Myers
Partner
Alston & Bird
Partner
Goldman Scarlato & Karon
Partner
Weinstein Kitchenoff & Asher
Partner
Winston & Strawn
Partner
Edwards Wildman Palmer
Partner
King & Spalding
Professor
Harvard Law School
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.