Class Certification in RICO Litigation: Leveraging the New Reliance Standard
Strategies for Prosecuting and Defending Certification After Bridge v. Phoenix Bond
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, September 1, 2009
Recorded event now available
This seminar will discuss emerging trends in RICO-based class action cases, analyze the impact of the Supreme Court's Bridge decision on class certification, and outline strategies for bringing or defending RICO class action litigation.
Description
The sharp increase in RICO-based class litigation in recent years is primarily attributable to the Class Action Fairness Act, as plaintiffs seek to bring more nationwide class actions based on federal statutes.
Some federal courts have ruled that RICO fraud classes cannot satisfy Rule 23(b)(3) because individual issues of reliance and proximate causation predominate over issues common to the class. However, the Supreme Court's Bridge v. Phoenix Bond & Indemnity ruling arguably changes this standard.
By eliminating the requirement that plaintiffs plead and prove first party reliance in RICO mail fraud claims, the Bridge decision should simplify class certification. Cases evaluating certification since Bridge provide even more guidance.
Listen as our authoritative panel of class action litigators analyzes the impact Bridge has had on RICO class action litigation and discusses best practices for either bringing or defeating class certification of RICO claims.
Outline
- Developments in RICO class action litigation
- Impact of CAFA
- Case law developments
- Class certification cases pre-Bridge v. Phoenix Bond & Indemnity
- McLaughlin v. American Tobacco (2nd Cir 2008)
- Bridge v. Phoenix Bond & Indemnity (Sup. Ct. 2008)
- Case law post-Bridge
- Cases favorable for defendants
- Cases favorable for plaintiffs
- In re Zyprexa Prods. Liab. Litig. (E.D.N.Y. 2008, cert. granted 2nd Cir. 2009)
- Class certification cases pre-Bridge v. Phoenix Bond & Indemnity
- Strategies for plaintiffs in RICO class certification
- Strategies for defendants to defeat RICO class certification
Benefits
The panel will review these and other key questions:
- Is the Bridge holding with respect to reliance tantamount to the "fraud-on-the-market" presumption applicable to securities cases?
- How have post-Bridge courts interpreted the Supreme Court's holding regarding first party reliance in RICO class action certifications?
- How can plaintiffs leverage Bridge in RICO class action certification?
- Why is proximate cause critical to defendant's ability to defeat certification?
Faculty
Erika C. Birg,
Partner
Seyfarth Shaw, Atlanta
She is a partner in the firm's Litigation Section. She assists clients with protecting their business interests in complex commercial litigation cases involving fraud, federal and state RICO claims, defamation, breach of contract, breach of fiduciary duty and duty of loyalty, as well as trade secret misappropriation and intellectual property claims.
Michael M. Maddigan,
Partner
O'Melveny & Myers, Los Angeles
He is a member of the Health Care and Life Sciences and Class Actions, Mass Torts, and Aggregated Litigation practices. He represents established and emerging companies in healthcare, class action, complex business, insurance and reinsurance, and technology-based litigation. He has led the defense of and helped lead teams representing the firm's clients in litigation of national significance.
Karl E. Neudorfer,
Attorney
Seyfarth Shaw, Houston
He represents clients in a wide variety of business disputes in state courts, federal courts, and alternative dispute resolution proceedings. His past work has included the defense of class actions, securities litigation, mass torts, media law matters, and contract disputes. He also has represented clients in intellectual property matters, employment litigation, and privacy litigation.
Howard Langer,
Langer Grogan & Diver, Philadelphia
He has specialized in complex commercial litigation, particularly antitrust law. He was lead counsel in In re Linerboard antitrust litigation, which resulted in the largest antitrust settlement ever in the Third Circuit and this year was lead counsel in Faloney v. Wachovia Bank, which recovered over $150 million on behalf of victims of telemarketing fraud.
Ordering
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Customer Reviews
The speakers included a significant number of best practices, which are critical to application of the law.
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Fitzpatrick Lentz & Bubba
Convenient and well-organized. Well-run program.
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IMERYS
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Pabian & Russell
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Content was excellent.
Jonelle Burnham
Kimberly-Clark
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
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