Alternative Strategies in Putative Class Actions After Campbell Ewald Co. v. Gomez
Evaluating Mootness Issues, Placeholder Class Certification Motions, and Impact of Pick-Off Strategy
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine the strategic use of attempts to moot putative class actions, alternatives to use of Rule 68, and considerations for counsel on choice of jurisdiction and future issues the courts will face in this area.
Outline
- Rule 68 offers of judgment--overview and impact of Campbell Ewald and subsequent cases
- Strategic considerations
Benefits
The panel will review these and other relevant questions:
- What is the impact of the Supreme Court's Campbell Ewald ruling and its progeny for defense counsel seeking to moot putative class actions?
- What are the alternatives to a Rule 68 offer of judgment for defendants in class litigation?
- What are some considerations, under Rule 68 or otherwise, for defense counsel evaluating whether and how to seek to moot putative class actions?
Faculty
Michael P. Daly
Partner
Drinker Biddle & Reath
Mr. Daly has spent nearly twenty years defending, counseling, and advocating for clients that interact with consumers.... | Read More
Mr. Daly has spent nearly twenty years defending, counseling, and advocating for clients that interact with consumers. His practice focuses on defending class actions and other complex cases, handling critical motions and appeals in adversarial and administrative matters, and maximizing the defensibility of marketing and enforceability of consumer contracts. He is a Vice-Chair of the firm's class actions practice; the senior editor of its TCPA Blog; and a leader of its TCPA, Consumer Contracts, and Retail Industry Teams.
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Stuart M. Riback
Partner
Wilk Auslander
As a business litigator with more than 30 years of experience, Mr. Riback has handled a wide range of complex... | Read More
As a business litigator with more than 30 years of experience, Mr. Riback has handled a wide range of complex commercial, securities, IP and creditors’ rights disputes. He has represented clients in industries as diverse as hedge fund management, private equity, banking, entertainment, high technology, major league sports, manufacturing, biotechnology, niche lending, media, and aviation. Mr. Riback’s clients range from individual entrepreneurs and private equity investors to publicly traded Fortune 100 companies and multinational companies based overseas. His cases have involved some highly visible, cutting-edge litigation that established new rules of law, including arguing the U.S. Supreme Court case that defined the scope of trade dress protection under the Lanham Act.
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