Litigating Class Actions Between Class Certification and Trial
Effectively Pursuing and Defending Pre-Trial Motions and Discovery Requests
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, August 11, 2009
Recorded event now available
This seminar will provide strategies for class action counsel — plaintiff and defense — to go the distance in litigating a class action lawsuit after certification through trial or settlement.
Description
While much of an attorney's time and attention is spent addressing class certification motion practice, less planning and thought goes into what occurs (when settlement doesn't) between class certification and trial.
Cases don't always settle simply because the court certifies a class. Class counsel must consider post-certification litigation concepts, whether involving procedure (undoing the court's certification order) or substance (discovery, moving for/opposing summary judgment, and preparing for trial).
Without appreciating this full array of class-action litigation issues, counsel can't properly represent their clients, even before class certification occurs.
Listen as our panel of class action litigators — defense and plaintiff — explores post-class certification issues to prepare counsel to guide a class action suit from drafting the class certification order to obtaining a verdict or settlement.
Outline
- Introduction and overview
- Drafting the class certification order
- Reconsideration and review
- Motion for reconsideration
- Petition for appellate review
- Discovery considerations
- Create a formal discovery plan
- Bifurcated discovery — shifting from class certification to merits discovery
- Post-certification motions
- Motion for partial or total summary judgment
- Motion to compel a trial plan
- Motion for decertification
- Preparing for trial
- Motions in limine
- Motion to bifurcte trial
- Jury instructions
Benefits
The panel will review these and other key questions:
- What are the strategic considerations that should guide counsel when drafting the class certification order?
- Under what circumstances should counsel consider requesting a motion for decertification or appellate review of the certification decision?
- What techniques have been effective for opposing various pre-trial motions?
- What are some best practices for plaintiff and defense counsel for obtaining discovery of essential information in the most cost-effective manner?
Faculty
Fred B. Burnside,
Partner
Davis Wright Tremaine, Seattle
He focuses on class action defense and other complex litigation. He offers diverse civil litigation experience in state and federal courts, and before administrative agencies, with primary emphasis on consumer class action defense. He has extensive experience in consumer financial services litigation and commercial disputes, and works increasingly in environmental litigation.
Theresa L. Davis,
Partner
Katten Muchin Rosenman, Chicago
She handles complex commercial litigation. She focuses on defending publicly traded companies and their directors and officers in civil securities actions, directors' and officers' liability actions, M&A-related litigation, internal investigations, and governmental and regulatory investigations. She lectures frequently on class actions, securities litigation, and corporate governance.
Elizabeth Chamblee Burch,
Assistant Professor
Florida State University College of Law, Tallahassee, Fla.
She writes about non-class aggregation and class action procedure, with a focus on multi-district litigation, mass torts and securities class actions. She teaches Civil Procedure, Advanced Civil Procedure, Evidence and other courses. She previously worked as an attorney at Holland & Knight.
Daniel R. Karon,
Partner
Goldman Scarlato & Karon, Cleveland
He manages the firm's Cleveland office and specializes in plaintiffs’ consumer fraud and antitrust class action litigation. He teaches and lectures at Cleveland State University College of Law and the Ohio State University College of Law. He serves on Loyola University Chicago's Institute for Consumer Antitrust Studies’ Advisory Board, has published multiple law reviews, and lectures nationally.
Ordering
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, 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. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)
MP3 Download (Audio Only) $297.00
Available 24 hours after the live event
CD $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE on CD/DVD Processing $65.00
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
All of the speakers had a wide range of knowledge.
Kimberly Hayes
General Mills
The panelists covered the topic well and in depth.
Andrea Mealey
Edwards Angell Palmer & Dodge
Content was excellent.
Jonelle Burnham
Kimberly-Clark
This was my first experience with an interactive CLE. It was good not to have to leave my office for the program.
Patricia Hays
Vestcom International
The program was very to the point — no fluff.
Brian McNamara
Wright Lindsey & Jennings
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
Wildman Harrold
Partner
King & Spalding
Professor
Harvard Law School