ERISA Class Certification: Strategies to Defeat or Certify the Class After Dukes and Comcast
Navigating Issues in Class-Wide Proof of Damages, Commonality, Adequacy and Class Conflicts
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide ERISA law counsel with an in-depth review of the Supreme Court rulings on class certification in the seminal cases of Wal-Mart v. Dukes and Comcast v. Behrand. The panel will provide strategies for challenging or seeking certification in ERISA class claims.
Outline
- Overview of Dukes and Comcast holdings
- Class-wide proof of damages
- Commonality and claims challenging ERISA disclosures
- Adequacy and class conflicts
- Best practices for defeat
- Best practices for certification
Benefits
The panel will review these and other key questions:
- How do Dukes and Comcast affect class certification in ERISA claims?
- What progeny has developed in ERISA cases since the holdings in Dukes and Comcast?
- What strategies should counsel implement when seeking to certify or decertify?
- Under what circumstances is certification beneficial in an ERISA class action?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

James O. Fleckner
Partner
Goodwin Procter
Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA... | Read More
Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA Litigation Practice. He focuses on complex commercial litigation, representing financial service providers and corporate clients in ERISA, securities and derivative class actions and in private civil litigation. He is renowned as a lecturer and author on ERISA and related litigation topics, and has presented at over 40 conferences across the U.S.
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Sarah Zumwalt
Principal
Groom Law Group
Ms. Zumwalt represents ERISA plan sponsors, fiduciaries, alleged fiduciaries and service providers in all manner... | Read More
Ms. Zumwalt represents ERISA plan sponsors, fiduciaries, alleged fiduciaries and service providers in all manner of litigation pertaining to ERISA plans. In particular, she represents defendants in stock drop, affiliated funds, imprudent investment, and 401(k) fee putative class action litigation, as well as actuarial malpractice cases. She also advises and litigates on behalf of plan sponsors in bankruptcy with respect to pension and retiree benefits issues.
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