Class Action and Aggregate Litigation CLE Course for Attorneys
Forum on Class Actions and Aggregate Litigation
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Available Online: Online CLE | MP3 Audio Files | Coursebook

Why You Should Attend

Headlines trumpeting class action and aggregate litigation lawsuits are a daily occurrence, whether the report covers a lawsuit over a bank’s overdraft fees, an internet company’s failure to disclose information to paying advertisers, or injuries caused by a popular children’s toy. Supreme Court decisions from this term and the last have transformed and continue to change the class action landscape.


Featuring world-renowned judges, professors, and leading practitioners from both sides of the bar, this riveting CLE Program on Class Actions and Aggregate Litigation offers critical insights and in-depth analyses of recent developments in class action and aggregate litigation. Attend this accredited CLE course to explore today's top issues in high-level discussions keyed to the interests of private practitioners, in-house counsel, government officials, and others who deal in class actions and other aggregate litigation.


BONUS MATERIAL: Attendees receive the two-hour program Class Actions 101: What You Need To Know about Rule 23, recorded on May 14, 2013. Planning chairs Seamus Duffy and Ken Jacobsen cover selecting the right plaintiff, choosing the proper venue, achieving class certification, phasing discovery, responding to objections and appeals, and settlements. This introduction to the basics of class action litigation is perfect to share with newcomers to the field.

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What You Will Learn

Network with fellow practitioners and preeminent thought-leaders as you enhance your knowledge in the ever-evolving area of class actions and aggregate litigation.


This premier program from ALI CLE will explore such cutting-edge issues as:


The effects of the Supreme Court’s recent blockbuster class action rulings

How the landscape concerning requirements for class certification is changing

Up-to-date developments in the interpretation of the Class Action Fairness Act

The evolving role of arbitrators and Attorneys General in aggregate litigation

Ethics and challenges of class action settlements and public compensation funds

The role of experts and expert proof at the class certification stage


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Who Should Attend

This CLE course on Class Actions and Aggregate Litigation is for private practitioners, in-house counsel, government officials, and other legal professionals with an interest in class actions and other aggregate litigation. All lawyers who wish to stay up-to-date on issues in class action and aggregate litigation should attend this accredited continuing legal education program from ALI CLE.

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Planning Chairs

Seamus C. Duffy, Drinker Biddle & Reath LLP, Philadelphia

Kenneth A. Jacobsen, Visiting Practice Professor of Law, James E. Beasley School of Law, Temple University, Philadelphia

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John H. Beisner, Skadden, Arps, Slate, Meagher & Flom LLP , Washington, D.C.

Hon. Mark I. Bernstein,Court of Common Pleas, Philadelphia

Elizabeth J. Cabraser, Lieff Cabraser Heimann & Bernstein LLP, San Francisco

Michael D. Donovan, Donovan Axler LLC, Philadelphia

Kenneth R. Feinberg, Feinberg Rozen LLP, New York

Myriam E. Gilles, Professor of Law, Benjamin N. Cardozo School of Law, Yeshiva University, New York

Robert C. Heim, Dechert LLP, Philadelphia

Hon. William F. Highberger, Superior Court of California, County of Los Angeles, Los Angeles

Linda Dale Hoffa, Senior Executive Deputy Attorney General, Office of Attorney General, Harrisburg

Thomas R. Nathan, Senior Vice President and General Counsel, Comcast Cable Communications LLC, Philadelphia

Martin H. Redish, Louis and Harriet Ancel Professor of Law and Public Policy, Northwestern University School of Law, Chicago

Hon. Shira A. Scheindlin, U.S. District Judge, U.S. District Court for the Southern District of New York, New York

Hon. Anthony J. Scirica, Judge, U.S. Court of Appeals for the Third Circuit, Philadelphia

Christopher A. Seeger, Seeger Weiss LLP, New York

Stephen D. Susman, Susman Godfrey LLP, New York



Michael P. Daly, Drinker Biddle & Reath LLP, Philadelphia

Jessica D. Miller, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, D.C.

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Program Schedule

(All times Eastern)


7:30 a.m. Registration and Continental Breakfast


8:40 a.m. Administrative Remarks



8:45 a.m. Introductory Remarks


9:00 a.m. The Evolving Requirements of Rule 23 - Mr. Beisner and Ms. Cabraser
This panel will discuss the continuing evolution of the standards for class certification, including the Supreme Court’s recent discussions of the commonality requirement in Dukes and the procedure for satisfying Rule 23 in Halliburton and Amgen.


10:00 a.m. The Role of Daubert in Class and Mass Actions - Messrs. Heim, Nathan, Seeger, and Sussman
This panel will discuss the proper gatekeeping role of courts in class and mass actions, including the Supreme Court’s decisions in Dukes and Behrend and whether the Daubert test for expert evidence applies at the class certification stage.


11:00 a.m. Networking and Refreshment Break


11:15 a.m. Consumer Remedies After Concepcion - Mss. Gillies and Hoffa and Messrs. Jacobsen and Seeger
This panel will discuss whether individual consumers or Attorneys General are ready, willing, and able to pursue consumer remedies in the wake of the Supreme Court’s decisions in Concepcion and Italian Colors Restaurant.


12:15 p.m. Lunch Break




1:00 p.m. Views from the Bench - Judges Bernstein, Highberger, Scheindlin, and Scirica
A panel of some of the country’s most distinguished appellate and trial judges will share the wealth of their experience in groundbreaking class actions and aggregate litigation.


2:00 p.m. Rethinking the Theory of the Class Action: The Risks and Rewards of Capitalistic Socialism in the Litigation Process - Ms. Cabraser and Professor Redish
This panel will explore whether class actions are best viewed as a branch of traditional litigation or something else entirely, in particular the ethical implications of how the lawyer client relationship differs in the two models and whether the class action model should be changed as a result of those differences.


2:45 p.m. Networking and Refreshment Break


3:00 p.m. Ethics and Challenges of Aggregate Settlements and Public Compensation Funds - Mr. Feinberg
Ken Feinberg has guided and overseen settlements in some of the most noteworthy aggregate litigations on record. Mr. Feinberg will explore the ethical, practical, and other challenges posed by such cases and field questions from the audience. 


3:45 p.m. The Unsettled Questions about the Class Action Fairness Act - Messrs. Beisner, Donovan, and Susman
This panel will discuss the Supreme Court’s decision in Knowles, whether parens patriae actions can be removed to federal court, and other interesting interpretive issues arising under the Class Action Fairness Act.


4:15 p.m. Roundtable Discussion of Emerging Issues in Aggregate Litigation  - Faculty 
The day will conclude with a roundtable discussion of hot topics in aggregate litigation, during which the faculty will answer questions posed by the audience and each other.

4:55 p.m. Concluding Remarks

5:00 p.m. Adjournment

Total 60-minute hours of instruction: Total 60-minute hours of instruction: 6.75, including one hour of ethics credit

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments; development of proficiency in performance of intricate and complex legal tasks within a narrow area

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

"Very timely. Explored relevant next places the practice will go after recent Supreme Court decisions. Should be repeated annually."

"An enjoyable and informative CLE."

"A very relevant program to my practice area, with an excellent and well informed panel."

"The program was excellent."

"Terrific program - very well done."

"A nice set of knowledgeable members for each of the panels for this program."

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