aci’s cross-industry interdisciplinary summit on defending and managing class actions

Register Now | 888-224-2480 | AmericanConference.com/ClassActions

Earn CLE

ETHICS Credits

ACI’s Cross-Industry Interdisciplinary Summit On

Defending and Managing

CLASS ACTIONS

April 11–12, 2016 | The Carlton Hotel on Madison Avenue | New York, NY

Sessions include:

• Supreme Court Roundup — Gomez, Tyson Foods, Spokeo and Beyond: Expert Insights on Each Case, Critical Nuances to Consider When Developing Your Litigation Strategy, and Points to Drive Home to Your Clients/Business Leaders

• Standards for Obtaining Class Certification, Commonality Requirements, and What the Future Holds

• Why the Issue of Ascertainability is So Important in Your Case

• Assessing Strategic Venue and Removal Considerations Triggered by CAFA and Addressing the CAFA Issues Impacting Class Actions Today

• Statistical Sampling: Using Statistical Techniques that Presume All Class Members Are Identical; Proving Liability; and Damage Models, Calculations & Theories Used in Class Cases

• Getting Class Settlements Approved

• Settlement Best Practices — Plaintiff and Defense Leverage to Settle; Strategies on When, Why, and How to Settle a Claim; Factoring Supreme Court Activity on Class Action Waivers in Arbitration Agreements Into the Equation

• Appeals on Class Certification Under 23(f )

• Taking a Class Action to Trial

• Ethical Grey Areas (Featuring Ethics Credit)

Learn from renowned class action judges:

Hon. Ruben Castillo U.S. Dist., N.D. Ill.

Hon. Timothy C. Batten U.S. Dist. Ct., N.D. Ga.

Hon. Roslyn Silver U.S. Dist. Ct., D. Ariz.

Hon. James L. Robart U.S. Dist. Ct.‚ W.D. Wash.

Hon. Lee Yeakel U.S. Dist Ct., W.D. Tex.

Hon. Michael M. Baylson U.S. Dist. Ct., E.D. Pa.

Hon. Suzanne H. Segal U.S. Dist. Ct., C.D. Calif.

Hon. Lorenzo F. Garcia (ret.) U.S. Dist. Ct., D. N.M.

Mildred E. Methvin (recall) U.S. Dist. Ct., W.D. La.

Hon. Robert B. Freedman Calif. Super. Ct.

Hon. Richard Kramer (ret.) Calif. Super Ct.

Learn from and meet:

Lynne Bezikos LeBlanc Senior Counsel Philips Consumer Lifestyle

Richard Heller Senior Vice President and General Counsel Legal Sea Foods, LLC

Vincent G. Danzi SVP & Senior Counsel First Nationwide Title Agency

Alona V. Rindal Vice President & Assistant General Counsel U.S. Bank

Thomas Graber Vice President, Deputy General Counsel & Chief Litigation Counsel CoreLogic

Jason J. Stephans Senior Counsel DSM Nutritional Products, LLC and i-Health, Inc.

Jonathan Chiu Director, Assistant General Counsel Capital One

Amy Catherine Wagner Senior VP & Associate General Counsel EverBank

Penny Shemtob Senior Litigation Counsel Cavalry Portfolio Services, LLC

Alice Wang General Counsel National Creditors Connection, Inc.

Brendan Dowd Assistant General Counsel Bank of America

Inquire about in-house counsel, government and academic rates

Distinguished Co-Chairs:

John H. BeisnerSkadden

Adam L. HoeflichBartlit Beck

Associate Sponsors:

Join the Conversation @ACI_Legal / #ACIClassActions2

Here are just some of the companies and firms already participating:

ACI, the company that brings you leading litigation events in the substantive areas of employment law, products liability, toxic tort, securities, consumer fraud, and civil rights, now brings you its cross-industry and interdisciplinary summit on defending and managing complex CLASS ACTIONS. The agenda has been designed to provide you with strategic advice, critical insights, and comprehensive updates, including advanced analysis on:

• The Supreme Court Roundup: Gomez, Tyson Foods and Spokeo

• Standards for Obtaining Class Certification, Commonality Requirements, and What the Future Holds

• Ascertainability and Due Process Protections

• Statistical Sampling: Latest on Using Statistical Techniques that Presume All Class Members Are Identical; Proving Liability; and Damage Models, Calculations and Theories Used in Class Cases

• Getting Class Settlements Approved

• Settlement Best Practices — Plaintiff and Defense Leverage to Settle; Strategies on When, Why, and How to Settle a Claim; Factoring Supreme Court Activity on Class Action Waivers in Arbitration Agreements Into the Equation

• Appeals on Class Certification Under 23(f )

• The Anatomy of Taking a Class Action to Trial

• Ethical Grey Areas (Featuring Ethics Credit)

Register today to ensure your place by calling 888-224-2480, faxing your registration form to

877-927-1563 or registering online at www.AmericanConference.com/ClassActions.

ACIAmerican Conference InstituteBusiness Information in a Global Context

This year marks 30 years since the inception of C5 Group.

It is time for a brand, logo and language in keeping with the dynamic strides we have made as a company. It is time for a brand that will take us forward for the next 30 years.

C5 Group, comprising of American Conference Institute, The Canadian Institute and C5 in Europe, will unite under one central brand image, appropriately a globe. See how bringing together the power of people and the power of information can accelerate your growth and success.

Our new brand look and language will be fully revealed soon. Stay tuned for more exciting changes.

30 years expanding

across the globe

30 years building a network of

industry leaders

30 years hosting more than 6,000

conferences

Legal Sea Foods, LLC

First Nationwide Title Agency

U.S. Bank

CoreLogic

DSM Nutritional Products, LLC and i-Health, Inc.

Capital One

EverBank

Cavalry Portfolio Services, LLC

Philips Consumer Lifestyle

National Creditors Connection, Inc.

Bank of America

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Pierce Atwood LLP

Eimer Stahl LLP

Covington & Burling LLP

Jackson Lewis P.C.

Lipman Plesur, LLP

Nixon Peabody LLP

Shook, Hardy & Bacon LLP

Cadwalader, Wickersham & Taft LLP

Sedgwick LLP

Robinson & Cole LLP

Seyfarth Shaw LLP

Greenberg Traurig, LLP

Dorsey & Whitney LLP

Herzfeld & Rubin, P.C.

Schiff Hardin LLP

Epstein Becker & Green, P.C.

Hunton & Williams LLP

Venable LLP

McGlinchey Stafford PLLC

Steptoe & Johnson LLP

Bartlit Beck Herman Palenchar & Scott LLP

Gibbs Law Group LLP

Gibson, Dunn & Crutcher LLP

Labaton Sucharow LLP

Bass, Berry & Sims PLC

Edelson PC

Skadden, Arps, Slate, Meagher & Flom LLP

Winston & Strawn LLP

Karon LLC

Faruqi & Faruqi, LLP

McDermott Will & Emery LLP

Quinn Emanuel Urquhart & Sullivan, LLP

Goodwin Procter LLP

Carlson Lynch Sweet & Kilpela LLP

Drinker Biddle & Reath LLP

Register Now | 888-224-2480 | AmericanConference.com/ClassActions 3

Moderator:

Thomas M. HefferonPartnerGoodwin Procter LLP

• What happens right after the company is served or case is filed?

• How does in-house litigation counsel select which law firm to engage?

• What litigation costs, legal fees, and budget discussions happen internally and with outside counsel?

• Discussing the strengths and weakness of plaintiff ’s case, and strategy on how to defend against asserted claims

• Understanding the internal discussions between in-house counsel and management on whether to settle or take the case to trial

9:55 Morning Break

10:00 Supreme Court Roundup — Gomez, Tyson Foods, Spokeo and Beyond: Expert Insights on Each Case, Critical Nuances to Consider When Developing Your Litigation Strategy, and Points to Drive Home to Your Clients/Business Leaders

Michael McCluggagePartnerEimer Stahl LLP

Wystan M. AckermanPartnerRobinson & Cole LLP

Angel A. GargantaPartnerVenable LLP

Lawrence J. ZweifachPartnerGibson, Dunn & Crutcher LLP

Jay EdelsonPartnerEdelson PC

• Gomez v. Campbell-Ewald-Company- Whether settlement with a class representative can be

used to effectively terminate class claims. If so, defendants will be able to dispose of proposed class actions where the damages can be readily determined, and where the defendant is willing to pay those damages to the named plaintiffs

• Tyson Foods v. Bouaphakeo- The validity of statistical modeling to substantiate alleged

class-wide damage claims. This issue has the potential to narrow the circumstances in which a class action may be certified under FRCP 23

• Robins v. Spokeo- Whether a class action can proceed even though the

plaintiff representative has incurred no concrete, actual damage. If so, many class actions may be brought for a “technical violation”

DAY ONEMONDAY, APRIL 11, 20167:20 Registration and Continental Breakfast

8:00 Co-Chairs’ Welcome Remarks

John H. BeisnerPartnerSkadden, Arps, Slate, Meagher & Flom LLP

Adam L. HoeflichPartnerBartlit Beck Herman Palenchar & Scott LLP

8:05 In-House Roundtable: How Counsel Manage Class Actions from Start to Finish in Today’s Landscape

Richard HellerSenior Vice President and General CounselLegal Sea Foods, LLC

Thomas GraberVice President, Deputy General Counsel & Chief Litigation CounselCoreLogic

Jonathan ChiuDirector, Assistant General CounselCapital One

Amy Catherine WagnerSenior Vice President & Associate General CounselEverBank

Penny ShemtobSenior Litigation CounselCavalry Portfolio Services, LLC

Alice WangGeneral CounselNational Creditors Connection, Inc.

Vincent G. DanziSVP & Senior CounselFirst Nationwide Title Agency

Alona V. RindalVice President & Assistant General CounselU.S. Bank

Jason J. StephansSenior CounselDSM Nutritional Products, LLC and i-Health, Inc.

Lynne Bezikos LeBlancSenior CounselPhilips Consumer Lifestyle


11:10 The New Battleground for Class Certification: Plaintiff and Defense Burdens; Commonality Requirements; and What the Future Holds

Hon. Ruben CastilloChief JudgeU.S. Dist., N.D. Ill.

Seamus C. DuffyPartnerDrinker Biddle & Reath LLP

Gregory A. MarkelPartnerCadwalader, Wickersham & Taft LLP

Anthony AnscombePartnerSedgwick LLP

John H. BeisnerPartnerSkadden, Arps, Slate, Meagher & Flom LLP

Adam L. HoeflichPartnerBartlit Beck Herman Palenchar & Scott LLP

• The motion to deny class certification• Commonality requirements• Summary judgment and motions for reconsideration• Rebutting/avoiding presumptions of reliance• Looking at the merits at the class cert stage

12:30 Networking Luncheon

1:25 Statistical Sampling: Latest on Using Statistical Techniques that Presume All Class Members Are Identical; Proving Liability; and Damage Models, Calculations and Theories Used in Class Cases

Joseph J. OrtegoPartnerNixon Peabody LLP

A. Craig ClelandShareholderOgletree, Deakins, Nash, Smoak & Stewart, P.C.

Stephen ProwseSenior Managing DirectorFTI Consulting

• The need for statistical sampling• Can differences among individual class members be ignored,

and a class certified, when plaintiffs use statistical techniques that presume that all class members are identical?

• The validity of techniques used• The extrapolation method and conclusions drawn• Getting the statistical sampling into evidence• Challenging the findings

2:20 Why the Issue of Ascertainability is So Important in Your Case: Gain Crucial Insights From Seasoned Litigation Veterans in This Unique Session That Will Take You Through Scenarios Based on Real-Life Cases

John J. AromandoPartnerPierce Atwood LLP

Christopher M. MurphyPartnerMcDermott Will & Emery LLP

Gerald L. Maatman, Jr.PartnerSeyfarth Shaw LLP

Francis A. CiteraShareholderGreenberg Traurig, LLP

• Most persuasive arguments for ascertainability in the class certification phase

• Most strategic ways defendants attack ascertainability in the class certification phase

• Protecting the right to due process

3:15 Afternoon Break

3:25 Appeals on Class Certification Under 23(f)

Hon. Richard KramerRetired JudgeCalif. Super Ct., San Francisco Co.

Brendan DowdAssistant General CounselBank of America

Sonya D. WinnerPartnerCovington & Burling LLP

Anthony J. LauraMemberEpstein Becker & Green, P.C.

• Drafting an effective petition within the 20 page limit• Soliciting amicus support• Submitting the reply brief• The various circuits and their unfettered discretion

to permit the appeal• Choice of law


4:20 Given Intense Judicial Scrutiny Required of Proposed Class Action Settlements Including Close Watch on Attorney Fees, What Are the Best Strategies for Securing Class Settlement Approval?

Hon. Robert B. FreedmanState JudgeSuperior Court of California, Alameda County

Patrick J. IvieExecutive Vice PresidentKCC LLC

Michael B. GallubMemberHerzfeld & Rubin, P.C

Charles Seemann, IIIShareholderJackson Lewis P.C.

Daniel R. KaronPartnerKaron LLC

• Court examination of settlement proposition• Rule 23 and notice requirements• The claims process• Settlement Approval and Attorney’s Fees

- Procedural guidance for class action settlements and the issue of attorney’s fees

- Preliminary approval, settlement administration, notice, exclusions, objections, attorney’s fees, and what a court can and cannot do with cy pres awardees

5:35 Assessing Strategic Venue and Removal Considerations Triggered by CAFA and Addressing the CAFA Issues Impacting Class Actions Today

Michael D. FerachiMemberMcGlinchey Stafford PLLC

Aphrodite KokolisPartnerSchiff Hardin LLP

Gary LynchPartnerCarlson Lynch Sweet & Kilpela LLP

• Burden of removal on CAFA grounds and requirements• The U.S. Supreme Court’s three CAFA decisions and their

impact on class action practice• CAFA appellate decisions that may make it to the U.S.

Supreme Court• CAFA’s impact on settlement and CAFA’s notice requirements• A ten year look back at CAFA in practice

6:30 Conference Adjourns

DAY TWOTUESDAY, APRIL 12, 20167:30 Continental Breakfast

8:00 View from the Federal Bench on Litigating Class Actions: Judicial Perspectives on the Latest Plaintiff Theories, Emerging Defense Strategies, Case Management, E-Discovery, and Responding to and Pursuing Discovery in the Most Efficient and Cost-Effective Way for Your Client

Hon. Ruben CastilloChief JudgeU.S. Dist., N.D. Ill.

Hon. Timothy C. Batten, Sr.District JudgeU.S. Dist. Ct., N.D. Ga.

Hon. Roslyn SilverSenior District JudgeU.S. Dist. Ct., D. Ariz.

Hon. James L. RobartSenior District JudgeU.S. Dist. Ct.‚ W.D. Wash.

Hon. Lee YeakelDistrict JudgeU.S. Dist Ct., W.D. Tex.

Hon. Michael M. BaylsonSenior District JudgeU.S. Dist. Ct., E.D. Pa.

Hon. Suzanne H. SegalChief Magistrate JudgeU.S. Dist. Ct., C.D. Calif.

Hon. Mildred E. MethvinRecall Magistrate JudgeU.S. Dist. Ct., W.D. La.

Hon. Lorenzo F. Garcia (ret.)Magistrate JudgeU.S. Dist. Ct., D. N.M.

Co-Moderators:

Sheila L. BirnbaumPartnerQuinn Emanuel Urquhart & Sullivan, LLP

10:00 Morning Break

William C. MartucciPartnerShook, Hardy & Bacon L.L.P.


Each year more than 15,000 in-house counsel, attorneys in private practice and other senior executives participate in ACI events — and the numbers keep growing.

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ACI understands that gaining perspectives from — and building relationships with — your fellow delegates during the breaks can be just as valuable as the structured conference sessions. ACI strives to make both the formal and informal aspects of your conference as productive as possible.

American Conference Institute:The leading networking and information resource for counsel and senior executives.

10:15 Settlement Best Practices — Plaintiff and Defense Leverage to Settle; Strategies on When, Why, and How to Settle; Negotiating Strategies With an Eye Toward Avoiding Exorbitant Fees; and Factoring Supreme Court Activity on Class Action Waivers in Arbitration Agreements Into the Equation

Ted FrankSenior Attorney and DirectorCEI’s Center for Class Action Fairness

Britt K. LathamMemberBass, Berry & Sims PLC

Douglas WeinerOf CounselLipman Plesur, LLP

Eric GibbsPartnerGibbs Law Group LLP

Christopher KellerPartnerLabaton Sucharow LLP

In this interactive session, expert panelists will outline negotiation strategies on how to best settle your case. Negotiating the best financial resolution for your client is premised upon many different factors. This session will give attendees the unique vision from senior practitioners into how these cases are settled, and what to look out for.

• Under what circumstances should you settle a case — factors to consider

• How these factors change when considering an individual versus class settlement

• How to value and settle a case — a step by step approach• DIRECTV, Inc. v. Imburgia et al. and factoring Supreme

Court activity on class action waivers in arbitration agreements into the equation

11:30 Taking a Class Action to Trial

Hon. Mildred E. Methvin (recall)Recall Magistrate JudgeU.S. Dist. Ct., W.D. La.

James K. LangdonPartnerDorsey & Whitney LLP

Eric Jon TaylorPartnerHunton & Williams LLP

• The anatomy of a class action case• How to engage in a searching inquiry regarding how cases

are tried in various jurisdictions• Issues dealing with the economy• Consequences of removal• The downsides of multidistrict litigation, and how to try

to avoid it• Constitutional defenses

12:30 Navigating Ethical Grey Areas in Class Action Litigation, With a Focus on Privilege (featuring 1 Hour of CLE Ethics)

Eva W. ColePartnerWinston & Strawn LLP

P. Bruce ConversePartnerSteptoe & Johnson LLP

Antonio VozzoloPartnerFaruqi & Faruqi LLP

• Duty of loyalty• Conflicts within cases• State variations• Looking at the differences among class members• Rule 23• Preserving Privilege

- Best practices for preserving privilege- Legal communications- Witness interviews- E-Communicatinos- Common interest privileges- Joint defense privilege- Common defense privilege- Model rule review

1:30 Conference Ends

© American Conference Institute, 2015


Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies that the activity has been approved for CLE credit (including 1 hour of ethics) by the New York State Continuing Legal Education Board.

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Earn CLE

ETHICS Credits

Over a century ago, our luxury hotel in New York City’s Midtown area helped transform the neighborhood

into one of Manhattan’s most desirable areas. Today, our Midtown Manhattan hotel’s new, modernized look makes it a centerpiece of the city’s NoMad (North of Madison Square Park) neighborhood located north of the Flatiron building and south of Herald Square. At The Carlton Hotel in New York City, guests seeking an extraordinary urban getaway will be pleasantly surprised by our luxury hotel’s seamless integration of old-world charm and modern flare. Guests of The Carlton can experience the hotel’s unparalleled service and luxurious amenities, secluded in a unique urban setting and perfect for a romantic getaway to Manhattan. The Carlton Hotel features intimate spaces where guests can relax, away from the energy of Midtown New York, while also serving as an elegant backdrop for business meetings and special events. We are proud to serve our discerning hotel guests in any way we can and invite you to explore our contemporary retreat on Madison Avenue

ABOUT THE VENUE

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact The Carlton Hotel directly at (800) 601-8500 and mention the “ACI April Program” or code A64A64E to receive this rate. You can also book your room online at: http://tinyurl.com/ClassActions2016.

✓ In-House Counsel including:

• General Counsel

• Litigation Counsel

• Directors and Vice Presidents of Legal Affairs

✓ Law Firm Counsel practicing in:

• Class Action Litigation

• Complex Litigation

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Venue: The Carlton HotelAddress: 88 Madison Ave, New York, NY 10016Reservations: (800) 601-8500Online: http://tinyurl.com/ClassActions2016

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ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Class Actions Attorney, General Counsel, Litigation, Counsel

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ACI’s Cross-Industry Interdisciplinary Summit On

Defending and Managing

CLASS ACTIONSApril 11–12, 2016 | The Carlton Hotel on Madison Avenue | New York, NY

Earn CLE

ETHICS Credits

Inquire about in-house counsel, government and academic rates

http://www.AmericanConference.com/ClassActions