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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
1. Motion for reconsideration
2. Petition for appellate review
Discovery considerations
1. Create a formal discovery plan
2. Bifurcated discovery — shifting from class certification to merits discovery
Post-certification motions
1. Motion for partial or total summary judgment
2. Motion to compel a trial plan
3. Motion for decertification
Preparing for trial
1. Motions in limine
2. Motion to bifurcte trial
3. 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

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, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, 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 $149.00
Available 24 hours after the live event

How does this work?

Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, 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.

MP3 Download (Audio Only) $49.00
Available 24 hours after the live event

How does this work?

CD $49.00 plus $9.45 S&H
Available ten business days after the live event

Program Materials

Speaker Handouts

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Speaker Handouts

Requires Adobe Reader 8 or later. Download Acrobat FREE.

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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.

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