Class Certification and Amended FRE 702: Using or Challenging Expert Testimony Amid Diverg...
January 28, 2025 • CLE • Live Webinar
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This CLE course will offer class counsel defense strategies to evaluate and determine whether and when to attack the admissibility of expert testimony, offered at the certification stage, under recently amended Federal Rule 702 and best options for prevailing. The panel will review how the circuits...
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Obtaining Class Action Sanctions: Monetary Fines, Dismissal of Pleadings, Attorneys' Fees,...
October 21, 2024 • CLE • CLE On-Demand
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This CLE webinar will discuss what may be an uptick in courts' willingness to grant sanctions in class actions, the types of sanctions available, significant cases granting or denying sanctions in class actions, and the types of conduct that warrant the most severe sanctions, as well as offer strate...
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Changes in Classwide Conduct: Leveraging Machine Learning to Overcome Challenges With Sent...
May 13, 2024 • CLE • CLE On-Demand
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This CLE webinar will assist class action lawyers and other litigators in understanding sentiment analysis, its value in litigation, and how the latest advances in machine learning and AI can overcome challenges presented by more traditional analytical approaches. The program will discuss what senti...
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Rule 23(c)(4) Issue Certification: Reconciling the Conflict With Rule 23(b)(3)'s Predomina...
May 9, 2024 • CLE • CLE On-Demand
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This CLE course will examine limited issue certification under Rule 23(c)(4) and how narrowly or broadly different circuits interpret that rule. The panel will provide instruction on considerations and strategies for litigating certification under Rule 23(c)(4) based on recent case law and their own...
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Class Action Trends Driving High Certification Rates: Key Issues and Defense Strategies
April 4, 2024 • CLE • CLE On-Demand
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This CLE webinar, led by the authors of the preeminent review of U.S. class action law, will discuss why the certification rates for class actions remain universally high, what types of cases are less easily certified or likely to be de-certified, and what this means for class action practitioners.
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Class Certification in Common Defect Cases: Proving or Attacking Commonality After In re F...
January 31, 2024 • CLE • CLE On-Demand
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This CLE webinar will review pursuing or challenging class certification in cases alleging common defects and the commonality requirement under Federal Rule of Civil Procedure 23 in light of the Sixth Circuit's decision in In re: Ford Motor Co., Case No. 22-0109, 2023 WL 7877971 (6th Cir. Nov. 16, 2...
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Striking Class Allegations Pre-Certification: Legal Standards, Grounds to Strike, Recent T...
Strategies and Tactical Considerations When Seeking Early Dismissal of Clas...
December 14, 2023 • CLE • CLE On-Demand
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This CLE course will discuss the if, when, and how of using motions to strike class allegations and defeating class actions pre-certification.
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Class Certification: Guidance From Olean v. Bumble Bee on Expert Testimony, Uninjured Clas...
Ongoing Implications of the Ninth Circuit's Groundbreaking En Banc Decision
November 16, 2023 • CLE • CLE On-Demand
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This CLE course will discuss the implications arising from the Ninth Circuit's en banc decision in Olean Wholesale Grocery v. Bumble Bee Foods, 31 F.4th 651 (9th Cir. 2022), addressing numerous important class certification issues. The program will address Olean ' s critical holdings regarding the e...
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Preparing For, Taking, and Defending Depositions of Class Representatives
Deposition Logistics; Key Topics; Questioning Techniques; Post-Deposition S...
October 26, 2023 • CLE • CLE On-Demand
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This CLE course will prepare defense counsel to depose and plaintiffs' counsel to defend depositions of class representatives in class litigation. The panel will outline techniques for effectively preparing or questioning class representatives and offer strategies to leverage deposition testimony du...
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Data Breach and Privacy Class Actions: New Lessons for Analyzing Standing, Webb v. Injured...
How Courts Decide if Plaintiffs' Injury is Concrete: What Attorneys Need to...
October 5, 2023 • CLE • CLE On-Demand
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This CLE webinar will analyze the spectrum of intangible harms that may confer federal standing in data breach and privacy class actions and how courts decide if the alleged injury is concrete, applying lessons from Webb v. Injured Workers Pharmacy L.L.C. (1st Cir. June 30, 2023). The panel will con...
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Getting Certified: Asserting and Navigating New Scrutiny of Expert Methodologies for Class...
August 10, 2023 • CLE • CLE On-Demand
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This CLE course will instruct class action attorneys on the state of the law and the latest developments in challenges to the sufficiency of the damages models that plaintiffs offer to support class certification, including attacks on those models based on asserted economic, statistical, or methodol...
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Class Action Defense and Pre-Certification Motions for Summary Judgment: Minimizing the Li...
July 20, 2023 • CLE • CLE On-Demand
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This CLE webinar will discuss the questions of can and should a corporate defendant move for summary judgment before class certification, and if so, as to the claims of individual plaintiffs or class claims as a whole. The panel will also examine the relationship between discovery strategy and summa...
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Price Premium Damages in Class Actions: Establishing Whether Losses Are Capable of Measure...
Understanding the Measure of Loss and How Economic Experts Attempt to Model...
June 22, 2023 • CLE • CLE On-Demand
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This CLE webinar will offer an in-depth discussion of price premium damages in consumer fraud and false advertising class actions and class actions alleging latent defects in a product. The webinar will review how losses are measured, ways of calculating price premiums, economic models, and possible...
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Beyond Predominance: Alternative Arguments Against Class Certification
Leveraging the Latest Court Decisions to Challenge Class Membership and Def...
May 18, 2023 • CLE • CLE On-Demand
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This CLE course will discuss various avenues for opposing class certification beyond Rule 23(b)(3)'s predominance requirement, including arguments related to ascertainability, typicality/adequacy, standing, and personal jurisdiction.
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Managing Class Representative Discovery: Plaintiffs' Strategies for Winning Certification
Preparing for Discovery Pre-Suit, Negotiating Fair Protocols, Defending Dep...
April 4, 2023 • CLE • CLE On-Demand
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This CLE webinar will provide strategies for plaintiffs' counsel to navigate class representative discovery. The panel will discuss best practices related to preparing for discovery, negotiating fair discovery protocols, responding to discovery requests, and defending class representative deposition...
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Class Certification Evidence: Standards of Admissibility and Probative Value Among the Cir...
Strategies for Opposing or Narrowing Class Certification and Preserving Obj...
March 2, 2023 • CLE • CLE On-Demand
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This CLE webinar will discuss what evidence courts in different circuits can, will, or may consider when ruling on a motion to certify a class under Federal Rule 23. The panel will review the existing split among the circuits regarding whether courts should entertain only admissible evidence or whet...
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TransUnion's Standing Analysis and Class Certification: Practical Defense Strategies for A...
February 2, 2023 • CLE • CLE On-Demand
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This CLE webinar will provide class counsel with an overview of the current legal landscape surrounding the U.S. Supreme Court's recent decision in TransUnion L.L.C. v. Ramirez, 141 S. Ct. 2190 (2021). The panelists will examine the latest and varying court rulings as to how the Supreme Court's stan...
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Viability of Nationwide Class Actions and Settlements in Light of Contracted Federal Juris...
Rethinking Certification and Settlement Strategies
January 18, 2023 • CLE • CLE On-Demand
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This CLE webinar will discuss the continuing viability and attractiveness of nationwide class actions in federal court. The panel will address the possibility and practicality of bringing claims arising in divergent jurisdictions against a defendant in a single forum, and whether the increasing impo...
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Classwide Damages Models in Misleading and False Advertising Consumer Class Actions
August 25, 2022 • CLE • CLE On-Demand
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This CLE course will discuss the types of classwide damages models that plaintiffs use to obtain certification and how to advance or oppose each of these types of damages. The program will discuss the use of expert witnesses to testify about the plaintiffs' damages calculations and defense experts t...
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Class Action and Limits on Federal Judicial Power: Demonstrating Insufficient Case or Cont...
July 21, 2022 • CLE • CLE On-Demand
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This CLE course will guide class action counsel in battles over whether the court has jurisdiction to hear the case in the first place, whether post-pleadings, pre-class certification actions can strip the court of authority to decide the case, and whether courts may approve cy-pres -only settlement...
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Defeating Class Certification by Attacking Plaintiffs' Classwide Damages Models
June 2, 2022 • CLE • CLE On-Demand
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This CLE course will instruct class action attorneys on how to oppose class certification by challenging the sufficiency of the damages models that plaintiffs offer to support class certification. The panel will examine the continuing legacy of the cornerstone Comcast decision and how federal courts...
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Defining or Challenging Class Membership: Evaluating Ascertainability Under New Decisions...
April 7, 2022 • CLE • CLE On-Demand
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This CLE course will provide class action counsel with guidance for addressing class definitions in light of new and evolving case law about Article III standing, personal jurisdiction, and ascertainability, including the current split among federal circuit courts of appeal over administrative feasi...
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Rule 23(f) Class Certification Appeals: Pursuing or Challenging Interlocutory Review of Ce...
Complying With Strict Procedural Requirements, Developing a Solid Appeal St...
March 17, 2022 • CLE • CLE On-Demand
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This CLE course will guide class litigators in appealing or challenging appellate review of class certification decisions under Rule 23(f) of the FRCP. The panel will examine how circuit courts exercise their discretion to permit or deny appeals and the differences among the circuits on essential is...
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Class Certification After TransUnion v. Ramirez: Assessing Intangible Injuries, Article II...
July 21, 2021 • CLE • CLE On-Demand
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This CLE course will discuss the Supreme Court's forthcoming decision in TransUnion v. Ramirez (U.S. 2021), which is expected to address a plaintiff's Article III standing when a defendant violates a plaintiff's statutory rights but there is allegedly no "concrete injury." The program will review th...
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Cross Examination of Experts Concerning Class Certification
Challenging Predominance and Methodology to Gain Leverage in Settlement
August 19, 2020 • CLE • CLE On-Demand
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This CLE course will provide advanced techniques for deposing adverse expert witnesses in class action certification litigation, with particular focus on establishing or attacking predominance.
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Personal Jurisdiction in Class Actions After Bristol-Myers Squibb Co. v. Super. Ct. of Cal...
Strategies for Using a Personal Jurisdiction Challenge to Defeat Class Cert...
July 28, 2020 • CLE • CLE On-Demand
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This CLE course will offer counsel new arguments for challenging class actions at the pleadings and the pre-certification and certification stages on jurisdictional grounds, as well as guidance in applying a landmark Supreme Court decision to class actions.
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Class Action Litigation Insurance Coverage: Avoiding Exclusions and Denials of Coverage
March 11, 2020 • CLE • CLE On-Demand
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This CLE course will provide the class action litigator with a full arsenal to ensure that the client receives coverage from its existing insurance even in the event of a class action. This issue crosses substantive grounds as class actions are everyday occurrences in securities law, employment law,...
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Litigation Holds in Class Actions: Triggering Events, Scope of Hold, Termination, Forms
Avoiding Costly Missteps that Empower the Other Side
February 5, 2020 • CLE • CLE On-Demand
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This CLE course will help class action lawyers avoid empowering their opponents in litigation by failing to follow the law on litigation holds. Unless counsel is conversant in when the hold obligation begins, who and what is subject to the hold, and when the hold obligation ends, the client is at th...
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Defeating Class Certification: Using Personal Jurisdiction to Defeat Litigation Tourism
Navigating the District Court Split Over Bristol-Meyers Squibb; Grounds for...
December 5, 2019 • CLE • CLE On-Demand
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This CLE course will discuss using personal jurisdiction arguments after the Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court (BMS) to defeat class actions pre-certification. The panel will address recent cases applying BMS to class actions and discuss successful strategie...
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Pursuing or Challenging Rule 23(b)(3) Class Certification: Lessons From In Re Hyundai
Strategies for Plaintiff and Defense Counsel
October 30, 2019 • CLE • CLE On-Demand
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This CLE course will examine new challenges facing class counsel in certifying a nationwide class after the Ninth Circuit's June 2019 en banc decision in In re Hyundai and Kia Fuel Econ. Litig. The panel will examine the scope and impact of the decision and discuss best practices for counsel to chal...
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Defeating Class Certification Through Enhanced Discovery Strategies
Rigorous Analysis Standard, Rule 23(a)(1) Numerosity, Rule 23(a)(2) Commona...
September 19, 2019 • CLE • CLE On-Demand
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This CLE course will discuss using evidence obtained during discovery to defeat class actions pre-certification. The panel will identify the latest trends and developments in Rule 23 case law and offer practical advice and strategies for successfully narrowing the class, limiting the scope of liabil...
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Alternative Strategies in Putative Class Actions After Campbell Ewald Co. v. Gomez
Evaluating Mootness Issues, Placeholder Class Certification Motions, and Im...
July 18, 2019 • CLE • CLE On-Demand
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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.
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Class Action Waivers in Arbitration Agreements: Lessons From Case Law and New CFPB Regulat...
Avoiding or Defeating Challenges to Scope or Enforceability of Arbitration...
August 24, 2017 • CLE • CLE On-Demand
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This CLE course will discuss the continuing issues surrounding the enforceability of arbitration agreements prohibiting class or representative arbitration. The panel will discuss key takeaways from recent Supreme Court and appellate court decisions, as well as the final rule just issued by the Cons...
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Defending No-Injury Class Actions Post-Spokeo: Standing for Statutory Violations, State Co...
April 27, 2017 • CLE • CLE On-Demand
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This CLE course will discuss the impact of Spokeo on "no-injury" class action cases, primarily in consumer protection and data privacy cases, how challenges to Article III standing in federal court impact plaintiffs who try to shift such class actions into state court where different standing rules...
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Navigating Intra-Class Conflicts: Basis for Certification of Sub-Classes or Denial of Clas...
September 22, 2016 • CLE • CLE On-Demand
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This CLE course will address intra-class conflicts that can arise in class action litigation, attempts to have subclasses certified to resolve these conflicts, and attacks on class certification based upon intra-class conflicts.
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Defeating Class Claims by Attacking the Pleadings and Leveraging Other Early Dispositive M...
March 29, 2016 • CLE • CLE On-Demand
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This CLE course will provide guidance to class action defense counsel for defeating class claims by strategically attacking the pleadings or leveraging other dispositive motions, including summary judgment motions and motions to deny certification. The panelists will provide their perspectives on wh...
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