New Amendments to Federal Rule 23: Impact on Class Action Practice
Revisions to Preliminary Approval, Notice Requirements, Settlement Approval, Class-Member Objections, and Appeals
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss the changes to the federal class action rule that took effect on Dec. 1, 2018. Our panel will explain the changes and address both the obvious and subtle impacts on class action practice and practitioners by the amendments to Rule 23, and will also discuss resulting new strategies for approaching class actions from both the plaintiff and defense perspectives.
Outline
- Overview of primary changes to Rule 23
- Preliminary approval
- Notice requirements
- Settlement approval
- Class member objections
- Interlocutory appeals
- Miscellaneous changes and considerations
- Strategies and implications
- For class action plaintiffs
- For class action defendants
Benefits
The panel will review these and other critical issues:
- What are the practical effects of the amendments?
- How do the new rules subtly impact class action practice?
- What are best practices for counsel to employ in light of the new rules?
- What strategies and tactics can be deployed to benefit from the amendments?
Faculty
Wystan M. Ackerman
Partner
Robinson & Cole
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been... | Read More
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been involved in defending more than 60 class actions in numerous jurisdictions and in many of those cases prevailed on a dispositive motion. Mr. Ackerman has defended putative class action cases involving insurance and financial services, products liability, data breaches, healthcare, consumer contracts, and securities. Mr. Ackerman has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the DRI, and is currently Vice Chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel.
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John M. Barkett
Partner
Shook Hardy & Bacon
Mr. Barkett is a commercial (contract, corporate, and banking disputes, employment, trademark, and antitrust) and... | Read More
Mr. Barkett is a commercial (contract, corporate, and banking disputes, employment, trademark, and antitrust) and environmental lawyer having handled scores of complex and simple litigation matters in federal and state courts or before an arbitration tribunal. Mr. Barkett has been a member of the Advisory Committee for Civil Rules of the Federal Judicial Conference since 2012 and has served on the Discovery Subcommittee that developed the Dec. 1, 2015 amendments to the rules, and the Rule 23 Subcommittee, and is now serving on the Rule 30(b)(6) and MDL subcommittees. He is now serving for the second time as a member of the ABA Standing Committee on Ethics and Professional Responsibility is also an adjunct professor of law at the University of Miami School of Law.
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Alexandra S. (Xan) Bernay
Partner
Robbins Geller Rudman & Dowd
Ms. Bernay specializes in antitrust and unfair competition class action litigation. She has also worked on some of the... | Read More
Ms. Bernay specializes in antitrust and unfair competition class action litigation. She has also worked on some of the firm’s largest securities fraud class actions, including the Enron litigation, which recovered an unprecedented $7.2 billion for investors. In In re Payment Card Interchange Fee and Merchant Discount Antitrust Litig. Ms. Bernay serves as co-lead counsel. That case, pending in the Eastern District of New York, is brought on behalf of millions of U.S. merchants against Visa and MasterCard and various card-issuing banks. The case challenges the way these companies set and collect tens of billions of dollars annually in merchant fees.
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Gary E. Mason
Founding Partner
Whitfield Bryson & Mason
Mr. Mason is a nationally recognized leader of the class action bar. Focusing on consumer class actions and mass torts,... | Read More
Mr. Mason is a nationally recognized leader of the class action bar. Focusing on consumer class actions and mass torts, he has recovered more than $1.5 billion in the 22 years he has represented plaintiffs. Mr. Mason is known for representing consumers in class actions involving a wide range of defective products, including Chinese drywall, fire retardant plywood, polybutylene pipe, high-temperature plastic venting, hardboard siding, pharmaceutical products, consumer electronics and automobiles.
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