Class Certification and Article III Standing After Spokeo: One Year Later

A live 90-minute CLE webinar with interactive Q&A


Thursday, October 5, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will examine the impact of the Supreme Court’s Spokeo v. Robins decision for class litigation after its first year. The panel will discuss how class counsel can leverage or overcome Article III standing challenges when pursuing or challenging class certification.

Description

The U.S. Supreme Court’s Spokeo v. Robins decision held that plaintiffs do not have standing to sue under Article III based solely on technical violations of the Fair Credit Reporting Act.

Since Spokeo, lower courts have wrestled with whether plaintiffs allege an injury sufficiently concrete under the Court’s enhanced standard. Lower courts have some conflicting results on Article III standing in class litigation.

In mid-August 2017, the Ninth Circuit threw a wrench in the mix with its ruling on remand of Spokeo that the plaintiff’s alleged injury was sufficiently concrete to meet the Court’s new standard. This ruling may help plaintiffs in fighting defense efforts to obtain early dismissal, especially those involving alleged statutory violations, such as FCRA, TCPA and TILA cases.

Plaintiff and defense counsel must understand the impact of Spokeo and subsequent lower court rulings on Article III standing and develop approaches to pursue or overcome Article III challenges in class certification.

Listen as our authoritative panel examines the post-Spokeo environment for class action practitioners. The panel will discuss how plaintiff’s counsel can overcome Article III obstacles when pursuing class certification, and how defense counsel can use Article III standing challenges as a tool to defeat class certification.

Outline

  1. Overview of the Supreme Court’s Spokeo ruling and the Ninth Circuit's subsequent ruling on remand of Spokeo
  2. Class certification
    1. Plaintiff perspective and best practices
    2. Defense perspective and best practices
  3. Is Article III standing an appropriate question during class decertification?

Benefits

The panel will review these and other key issues:

  • How has the Supreme Court’s Spokeo v. Robins ruling affected class action attorneys?
  • How can plaintiff’s counsel effectively overcome standing challenges in the wake of the decision?
  • What are best practices for defense counsel to successfully defeat class certification based on lack of standing post-Spokeo?

Faculty

Robert J. Herrington, Co-Chair, National Products Liability and Mass Torts Practice
Greenberg Traurig, Los Angeles

Mr. Herrington's practice focuses on complex commercial litigation, including class actions in the areas of false advertising, unfair competition, food and beverage, consumer products, insurance, and products liability. He helps sophisticated business clients address complex disputes and competitive challenges to their products, services and business practices.

Jeffrey A. Leon, Partner
Quantum Legal, Highland Park, Ill.

Mr. Leon pursues class action lawsuits on behalf of aggrieved consumers and businesses. He has served as co-lead counsel or as an executive committee member in lawsuits that have delivered hundreds of millions of dollars in benefits to consumers who were aggrieved by the conduct of a variety of companies. Because Mr. Leon has spent a significant amount of his legal career representing both plaintiffs and defendants, he has a unique perspective which guides his litigation strategy.

Andrew C. Nichols, Partner
Winston & Strawn, Washington, D.C.

Mr. Nichols is a member of the firm’s nationwide Appellate and Critical Motions Practice. His practice focuses on appellate proceedings of all kinds and motions that resolve complex commercial lawsuits before trial. Mr. Nichols has served as counsel in numerous cases before the U.S. Supreme Court, the federal courts of appeal, and various state appellate and trial courts.


Live Webinar

Live Webinar $297.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
Available 48 hours after the live event

How does this work?


Recorded Event

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

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $297.00
Available 48 hours after the live event

How does this work?

Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

How does this work?


Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $394.00

Recorded Webinar Download Only $97.00 with Registration/Webinar Combo

Live Webinar & Audio Download $394.00

Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo

Live Webinar & DVD $394.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo


Webinar

Strafford webinars 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.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

The speakers spoke in an understandable format with lots of examples.

Bill Zornes

Cimarron Lumber

The subject matter was covered in a very understandable way.

Constance Kotula

CarVal Investors

The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.

Allyn Z. Lite

Lite DePalma Greenberg

A focused presentation offering practical information in a concise format.

Una Kang

Saiber

I appreciated the depth with which the presenters discussed the subject.

Dan Jordanger

Hunton & Williams

or call 1-800-926-7926

Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Founder

Karon LLC

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Akin Gump Strauss Hauer & Feld

Michael McCluggage

Partner

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

or call 1-800-926-7926

Our Guarantee

Strafford webinars 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. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.