Weaponizing Defendant's Forum Choices in Class Action Litigation
Compelling Arbitration; Enforcing Forum Selection Clauses; Removing to Federal Court; Transferring Venue; Challenging Jurisdiction
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will prepare class action defense counsel to navigate the unique procedural and substantive complexities of choosing among the defendant's options for forum selection.
- Forum options for defendants
- Moving to compel arbitration
- Moving to enforce a forum selection clause
- Removing to federal court
- Moving to transfer venue
- Options for defendants facing multiple class actions in multiple forums
- Multidistrict litigation options
- Challenging personal jurisdiction in the wake of Bristol-Meyers Squibb
- Best practices and strategic insights
The panel will review these and other key issues:
- When should a defendant opt to remove the case from state to federal court?
- Is it better to have a federal judge who has time to review the briefs thoroughly and will likely apply more rigorous evidentiary and class certification standards?
- When will removing the case cause other plaintiff counsel to notice the litigation and more sophisticated counsel to become involved?
- Does removing a case make settlement more difficult and affect the structure of the settlement and its costs?
- When should counsel consider venue motions?
- What are the advantages or disadvantages of various alternative venues?
- When can a defendant compel private arbitration on an individual or class basis?
- What are the dangers and risks of compelling arbitration?
- How do standing issues play out in each forum?
- When is the potential of a motion to transfer the case to an MDL after removal a viable option?
Wystan M. Ackerman
Robinson & Cole
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been... | Read More
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been involved in defending more than 60 class actions in numerous jurisdictions and in many of those cases prevailed on a dispositive motion. Mr. Ackerman has defended putative class action cases involving insurance and financial services, products liability, data breaches, healthcare, consumer contracts, and securities. Mr. Ackerman has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the DRI, and is currently Vice Chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel.Close
John W. McGuinness
Manatt Phelps & Phillips
Mr. McGuinness litigates commercial disputes throughout the country and has significant experience in complex business... | Read More
Mr. McGuinness litigates commercial disputes throughout the country and has significant experience in complex business conflicts. He regularly represents publicly traded companies and emerging businesses in industries that include financial services, retail, media and technology. Representing clients in consumer class and individual actions, Mr. McGuiness has deep experience at all stages of complex commercial disputes. He handles arbitrations, mediations, and court and jury trials and appeals. Mr. McGuiness is a frequent writer and speaker on class action litigation and consumer financial services.Close
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