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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:
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 Institute
Business 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. 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
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
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.
Join the Conversation @ACI_Legal / #ACIClassActions6
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.
Guaranteed Value Based on Comprehensive Research
ACI’s highly trained team of attorney-producers are dedicated, full-time, to
developing the content and scope of our conferences based on comprehensive
research with you and others facing similar challenges. We speak your
language, ensuring that our programs provide strategic, cutting edge guidance
on practical issues.
Unparalleled Learning and Networking
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 Frank
Senior Attorney and Director
CEI’s Center for Class Action Fairness
Britt K. Latham
Member
Bass, Berry & Sims PLC
Douglas Weiner
Of Counsel
Lipman Plesur, LLP
Eric Gibbs
Partner
Gibbs Law Group LLP
Christopher Keller
Partner
Labaton Sucharow LLP
Inthisinteractivesession,expertpanelistswilloutlinenegotiation
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 Judge
U.S. Dist. Ct., W.D. La.
James K. Langdon
Partner
Dorsey & Whitney LLP
Eric Jon Taylor
Partner
Hunton & 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. Cole
Partner
Winston & Strawn LLP
P. Bruce Converse
Partner
Steptoe & Johnson LLP
Antonio Vozzolo
Partner
Faruqi & 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
Register Now | 888-224-2480 | AmericanConference.com/ClassActions 7
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.
ACI certifies that this activity has been approved for CLE credit
(including 1 hour of ethics) by the State Bar of California.
You are required to bring your state bar number to complete
the appropriate state forms during the conference. CLE credits
are processed in 4–8 weeks after a conference is held.
ACI has a dedicated team which processes requests for state
approval. Please note that event accreditation varies by state
and ACI will make every effort to process your request.
Questions about CLE credits for your state? Visit our online CLE
Help Center at www.AmericanConference.com/CLE
Continuing Legal Education Credits
With more than 300 conferences in the United States,
Europe, Asia Pacific, and Latin America, American
Conference Institute (ACI) provides a diverse portfolio
devoted to providing business intelligence to senior decision
makers who need to respond to challenges spanning various
industries in the US and around the world.
As a member of our sponsorship faculty, your organization
will be deemed as a partner. We will work closely with your
organization to create the perfect business development
solution catered exclusively to the needs of your practice
group, business line or corporation.
For more information about this program or our global
portfolio of events, please contact:
Wendy Tyler
Director of Sales, American Conference Institute
Tel: 212-352-3220 x5242
w.tyler@AmericanConference.com
Global Sponsorship Opportunities
Earn
CLE
ETHICS
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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
WHO YOU WILL MEET
R E G I S T R AT I O N F O R M
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Payment must be received in full by the conference date. All discounts
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be combined with any other offer, and must be paid in full at time of
order. Group discounts available to individuals employed by the same
organization.
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You must notify us by email at least 48 hrs in advance of the conference
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a substitute, please notify us in writing no later than 10 days prior to
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full amount paid, redeemable against any other American Conference
Institute conference in the next 12 months.
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prior authorization.
All cancelled registrations will be subject to a cancellation fee of $350.
If you prefer, you may request a refund of fees paid less the applicable
cancellation fee. No credits or refunds will be given for cancellations
received within 10 days of the conference start date. No liability is
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will, in such event, make a full refund of any registration fee, but will not
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limited number of hotel rooms at a preferential rate. Please contact the
hotel directly and mention the “ACI April Program” or code A64A64E
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Venue:	 The Carlton Hotel
Address:	 88 Madison Ave, New York, NY 10016
Reservations:	 (800) 601-8500
Online:	http://tinyurl.com/ClassActions2016
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breakfasts‚ lunches and refreshments.
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CONFERENCE CODE: 890L16-NYC
o YES! Please register the following delegate for CLASS ACTIONS
REGISTRATION CODE
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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
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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. ACIAmerican Conference Institute Business 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
  • 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.
  • 6. Join the Conversation @ACI_Legal / #ACIClassActions6 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. Guaranteed Value Based on Comprehensive Research ACI’s highly trained team of attorney-producers are dedicated, full-time, to developing the content and scope of our conferences based on comprehensive research with you and others facing similar challenges. We speak your language, ensuring that our programs provide strategic, cutting edge guidance on practical issues. Unparalleled Learning and Networking 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 Frank Senior Attorney and Director CEI’s Center for Class Action Fairness Britt K. Latham Member Bass, Berry & Sims PLC Douglas Weiner Of Counsel Lipman Plesur, LLP Eric Gibbs Partner Gibbs Law Group LLP Christopher Keller Partner Labaton Sucharow LLP Inthisinteractivesession,expertpanelistswilloutlinenegotiation 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 Judge U.S. Dist. Ct., W.D. La. James K. Langdon Partner Dorsey & Whitney LLP Eric Jon Taylor Partner Hunton & 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. Cole Partner Winston & Strawn LLP P. Bruce Converse Partner Steptoe & Johnson LLP Antonio Vozzolo Partner Faruqi & 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
  • 7. Register Now | 888-224-2480 | AmericanConference.com/ClassActions 7 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. ACI certifies that this activity has been approved for CLE credit (including 1 hour of ethics) by the State Bar of California. You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4–8 weeks after a conference is held. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. Questions about CLE credits for your state? Visit our online CLE Help Center at www.AmericanConference.com/CLE Continuing Legal Education Credits With more than 300 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world. As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation. For more information about this program or our global portfolio of events, please contact: Wendy Tyler Director of Sales, American Conference Institute Tel: 212-352-3220 x5242 w.tyler@AmericanConference.com Global Sponsorship Opportunities 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 WHO YOU WILL MEET
  • 8. R E G I S T R AT I O N F O R M CONTACT DETAILS NAME JOB TITLE APPROVING MANAGER ORGANIZATION ADDRESS CITY STATE ZIP CODE TELEPHONE FAX EMAIL TYPE OF BUSINESS Payment Policy Payment must be received in full by the conference date. All discounts will be applied to the Conference Only fee (excluding add-ons), cannot be combined with any other offer, and must be paid in full at time of order. Group discounts available to individuals employed by the same organization. Delegate Substitutions and Cancellations You must notify us by email at least 48 hrs in advance of the conference if you wish to send a substitute participant. If you are unable to find a substitute, please notify us in writing no later than 10 days prior to the conference date and a credit voucher will be issued to you for the full amount paid, redeemable against any other American Conference Institute conference in the next 12 months. Delegates may not “share” a pass between multiple attendees without prior authorization. All cancelled registrations will be subject to a cancellation fee of $350. If you prefer, you may request a refund of fees paid less the applicable cancellation fee. No credits or refunds will be given for cancellations received within 10 days of the conference start date. No liability is assumed by American Conference Institute for changes in program date, content, speakers or venue. American Conference Institute reserves the right to cancel any conference it deems necessary and will, in such event, make a full refund of any registration fee, but will not be responsible for airfare, hotel or other costs incurred by registrants. Hotel Information American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a preferential rate. Please contact the hotel directly and mention the “ACI April Program” or code A64A64E to receive this rate. Venue: The Carlton Hotel Address: 88 Madison Ave, New York, NY 10016 Reservations: (800) 601-8500 Online: http://tinyurl.com/ClassActions2016 Registration Fee The fee includes the conference‚ all program materials‚ continental breakfasts‚ lunches and refreshments. Incorrect Mailing Information If you would like us to change any of your details please fax the label on this brochure to our Database Administrator at 1-877-927-1563, or email data@AmericanConference.com. ACI reserves the right to deny admission to anyone, at any time, for any reason. Missed A Conference — Order The Conference Materials Now! If you missed the chance to attend an ACI event, you can still benefit from the conference presentation materials. To order the Conference Materials, please call +1-888-224-2480 or visit: www.americanconference.com/conference_papers ATTENTION MAILROOM: If undeliverable to addressee, please forward to: Class Actions Attorney, General Counsel, Litigation, Counsel CONFERENCE CODE: 890L16-NYC o YES! Please register the following delegate for CLASS ACTIONS REGISTRATION CODE 890L16.E Special Discount We offer special pricing for groups and government employees. Please email or call for details. Promotional discounts may not be combined. ACI offers financial scholarships for government employees, judges, law students, non- profit entities and others. For more information, please email or call customer service. ✃ o ACH Payment ($USD) Please quote the name of the attendee(s) and the event code 890L16 as a reference. For US registrants: Bank Name: HSBC USA Address: 800 6th Avenue, New York, NY 10001 Account Name: American Conference Institute UPIC Routing and Transit Number: 021-05205-3 UPIC Account Number: 74952405 Non-US residents please contact Customer Service for Wire Payment information o I would like to receive CLE accreditation for the following states: ___________________. See CLE details inside. PAYMENT Please charge my o VISA o MasterCard o AMEX o Discover Card o Please invoice me NUMBER EXP. DATE CARDHOLDER oI have enclosed my check for $_______ made payable to American Conference Institute (T.I.N.—98-0116207) 5Easy Ways to Register MAIL American Conference Institute 45 West 25th Street, 11th Floor New York, NY 10010 ONLINE AmericanConference.com/ClassActions GROUP PRICING 1-2 No Discount 3-4 10% Discount 5-6 15% Discount 7 20% Discount More than 7 Call 888-224-2480 FEE PER DELEGATE Register & Pay by Feb 5, 2016 Register & Pay by March 15, 2016 Register After March 15, 2016 o Conference $1995 $2095 $2295 o Please reserve ___ additional copies of the Conference Materials at $199 per copy. FAX 877-927-1563 PHONE 888-224-2480 EMAIL CustomerService@ AmericanConference.com 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 academic rates