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.
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ACI’s Cross-Industry Interdisciplinary Summit On Defending and Managing CLASS ACTIONS
1. 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. Beisner
Skadden
Adam L. Hoeflich
Bartlit Beck
Associate Sponsors:
2. 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.
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30 years
expanding
across
the globe
30 years
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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
3. Register Now | 888-224-2480 | AmericanConference.com/ClassActions 3
Moderator:
Thomas M. Hefferon
Partner
Goodwin 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 McCluggage
Partner
Eimer Stahl LLP
Wystan M. Ackerman
Partner
Robinson & Cole LLP
Angel A. Garganta
Partner
Venable LLP
Lawrence J. Zweifach
Partner
Gibson, Dunn & Crutcher LLP
Jay Edelson
Partner
Edelson 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 ONE
MONDAY, APRIL 11, 2016
7:20 Registration and Continental Breakfast
8:00 Co-Chairs’ Welcome Remarks
John H. Beisner
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
Adam L. Hoeflich
Partner
Bartlit Beck Herman Palenchar & Scott LLP
8:05 In-House Roundtable: How Counsel Manage
Class Actions from Start to Finish in Today’s
Landscape
Richard Heller
Senior Vice President and General Counsel
Legal Sea Foods, LLC
Thomas Graber
Vice President, Deputy General Counsel
& Chief Litigation Counsel
CoreLogic
Jonathan Chiu
Director, Assistant General Counsel
Capital One
Amy Catherine Wagner
Senior Vice President & Associate General Counsel
EverBank
Penny Shemtob
Senior Litigation Counsel
Cavalry Portfolio Services, LLC
Alice Wang
General Counsel
National Creditors Connection, Inc.
Vincent G. Danzi
SVP & Senior Counsel
First Nationwide Title Agency
Alona V. Rindal
Vice President & Assistant General Counsel
U.S. Bank
Jason J. Stephans
Senior Counsel
DSM Nutritional Products, LLC and i-Health, Inc.
Lynne Bezikos LeBlanc
Senior Counsel
Philips Consumer Lifestyle
4. Join the Conversation @ACI_Legal / #ACIClassActions4
11:10 The New Battleground for Class Certification:
Plaintiff and Defense Burdens; Commonality
Requirements; and What the Future Holds
Hon. Ruben Castillo
Chief Judge
U.S. Dist., N.D. Ill.
Seamus C. Duffy
Partner
Drinker Biddle & Reath LLP
Gregory A. Markel
Partner
Cadwalader, Wickersham & Taft LLP
Anthony Anscombe
Partner
Sedgwick LLP
John H. Beisner
Partner
Skadden, Arps, Slate, Meagher & Flom LLP
Adam L. Hoeflich
Partner
Bartlit 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. Ortego
Partner
Nixon Peabody LLP
A. Craig Cleland
Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Stephen Prowse
Senior Managing Director
FTI 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. Aromando
Partner
Pierce Atwood LLP
Christopher M. Murphy
Partner
McDermott Will & Emery LLP
Gerald L. Maatman, Jr.
Partner
Seyfarth Shaw LLP
Francis A. Citera
Shareholder
Greenberg 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 Kramer
Retired Judge
Calif. Super Ct., San Francisco Co.
Brendan Dowd
Assistant General Counsel
Bank of America
Sonya D. Winner
Partner
Covington & Burling LLP
Anthony J. Laura
Member
Epstein 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
5. Register Now | 888-224-2480 | AmericanConference.com/ClassActions 5
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. Freedman
State Judge
Superior Court of California, Alameda County
Patrick J. Ivie
Executive Vice President
KCC LLC
Michael B. Gallub
Member
Herzfeld & Rubin, P.C
Charles Seemann, III
Shareholder
Jackson Lewis P.C.
Daniel R. Karon
Partner
Karon 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. Ferachi
Member
McGlinchey Stafford PLLC
Aphrodite Kokolis
Partner
Schiff Hardin LLP
Gary Lynch
Partner
Carlson 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 TWO
TUESDAY, APRIL 12, 2016
7:30 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 Castillo
Chief Judge
U.S. Dist., N.D. Ill.
Hon. Timothy C. Batten, Sr.
District Judge
U.S. Dist. Ct., N.D. Ga.
Hon. Roslyn Silver
Senior District Judge
U.S. Dist. Ct., D. Ariz.
Hon. James L. Robart
Senior District Judge
U.S. Dist. Ct.‚ W.D. Wash.
Hon. Lee Yeakel
District Judge
U.S. Dist Ct., W.D. Tex.
Hon. Michael M. Baylson
Senior District Judge
U.S. Dist. Ct., E.D. Pa.
Hon. Suzanne H. Segal
Chief Magistrate Judge
U.S. Dist. Ct., C.D. Calif.
Hon. Mildred E. Methvin
Recall Magistrate Judge
U.S. Dist. Ct., W.D. La.
Hon. Lorenzo F. Garcia (ret.)
Magistrate Judge
U.S. Dist. Ct., D. N.M.
Co-Moderators:
Sheila L. Birnbaum
Partner
Quinn Emanuel Urquhart
& Sullivan, LLP
10:00 Morning Break
William C. Martucci
Partner
Shook, Hardy
& Bacon L.L.P.
7. Register Now | 888-224-2480 | AmericanConference.com/ClassActions 7
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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
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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
Earn
CLE
ETHICS
Credits
Inquire about
in-house counsel,
government and
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