McGuireWoods’ class action and data privacy and security teams will be presenting a webinar on the tactical defense of data privacy and breach class actions on April 5, 2017 at 1:00 p.m. EST.  Panelists Laura A. Lange, Jarrod D. Shaw, A. Brooks Gresham, and Andrew J. Trask will discuss merits issues, certification issues, and settlements in these increasing frequent cases. You can register here.… Continue Reading

This morning, I had the distinct pleasure of presenting alongside Chicago civil rights attorney Linda Friedman on two cases about which I’ve written before: McReynolds v. Merrill Lynch and Damasco v. Clearwire Corp.  As usual, I’m posting the slides here.  Three things I’d like to note, though:

  • Slide 3 contains a picture of my daughter Alex.  She was there to explain why her dad looked disheveled and may have sounded a little incoherent.  
  • Slide 4 has an arguable inaccuracy.  No opinion has engaged in single-issue certification, but on September 25, in Ellis v. Costco Wholesale Corp.,
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The other day, I had the distinct privilege of participating in a Strafford CLE on various aspects of ascertainability.  I was supposed to co-present with fellow blogger Russell Jackson, but he had a last-minute conflict.  His colleague Hayden Coleman (this one, not this one) ably filled in.  

I’ve attached a late draft of the slides I used for those curious about fail-safe classes or why you can’t just amend a class definition to get around its flaws.  I hope you find them helpful.   … Continue Reading

 Earlier today, I had the distinct pleasure of presenting at the CLE International Class Action conference in Los Angeles with an old friend of mine, plaintiff’s lawyer Garrett Wotkyns of Schneider Wallace.   The topic was The Gauntlet: Early Challenges to Class Certification, which regular readers will know is a topic near and dear to my heart.  (Cue joke about defense lawyers’ hearts.)

The slides, which contain only a few in-jokes and as many obscure Clint Eastwood references as we could cram in, are available for download here.  

Many thanks to the nice folks at CLE International for … Continue Reading

I’ve had an exhausting (but very fulfilling) US travel week.  As a result, I have not yet gotten together my notes on DePaul’s Symposium on Class Action Rollback.  My apologies; I will try to have a post on that later this week or early next.  

Meanwhile, as a peace offering, please accept this slide deck from my first presentation at the Symposium. I think it gives a flavor for my remarks.  … Continue Reading

 This month, we have an abundance of "other strategists." At the beginning of the month, I attended the 5th Annual Conference on the Globalization of Class Actions at the Hague. The conference was extremely informative, even though it focused more on mass litigation than class actions specifically. Fellow blogger (and extremely nice guy in-person) Paul Karlsgodt has been putting up excellent, comprehensive notes from the various panels, so I’m not going to try to duplicate his efforts. Instead, I’m going to just leave you with one idea from each panel; usually the one that got me thinking the most.… Continue Reading

 My apologies for posting late this week; I’m suffering from a little jet lag. I spent yesterday in Virginia at the annual conference for the American College of Court Business Judges, where John Beisner and I were presenting a number of developments in class action litigation.  Today I’m England, and by tonight, I will be in the Hague for the 5th Annual Conference on the Globalization of Class Actions and Mass Litigation, where Paul Karlsgodt (of ClassActionBlawg) and I will be eagerly taking notes.  

Before John and I presented on Monday, we were treated to a panel discussing … Continue Reading

Enron.  The Toyota sudden acceleration MDL.  The Microsoft antitrust class actions.  There are no shortage of class actions that have arisen from government investigations of various kinds.  But while seeing a class action complaint arrive on top of a government subpoena can be stressful, it’s not necessarily the end of the world.  In fact, the defenses of each can harmonize in surprising ways.

On Tuesday, my colleague John Adams and I presented a CLE session on how to defend class actions that arise from government investigations of various kinds.  In it, we explained:

  • best practices for handling government
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