AGENDA | Wednesday, MAY 9, 2018

7:30am
Legal Marketing Seminar Check-In and Breakfast

NEW! Optional Marketing Pre-Conference Seminar
8:30am-12:15pm
The Future of Legal Marketing & How You Can Take Control of It

What you will learn:
Marketing changes you must make to stay competitive in 2018 and beyond.
A new approach that will convert more leads into more strong cases.
How to swap ineffective methods for data-driven ways to grow your practice. Bonus: Leave with insights plus more than 100 pages of reference material!

Featuring
Steve Nober, founder of Consumer Attorney Marketing Group

Learn more!

11:00
Class Actions Mastery Registration Opens with Brunch

1:00
Welcome

Class actions. They have been responsible for attacking bad behavior and preventing powerful organizations from turning a profit on the backs of individuals. But class action practice is complex and risky. It is also experiencing significant changes and challenges. Join a plaintiff-only seminar where leading plaintiff class action practitioners and related experts will address the practical aspects of this important area of law and practice.

Speakers
Eric Gibbs | Gibbs Law Group
Ariana Tadler | Milberg Tadler Phillips Grossman

1:15
Class Settlements and Certification in the Wake of  In Re Hyundai and Kia Fuel Economy Litigation

Speakers
Cari Campen Laufenberg | Keller Rohrback
Andre Mura | Gibbs Law Group
Matthew Wessler | Gupta Wessler

2:00
Determining Damages in Class Actions

Once you know what the claims are you must be able to establish the monetary extent of the harm. Our panel will address:

• Proving damages on a class-wide basis: methods, models & experts
• Economic tools and case studies
• Tailoring tools for the specific needs of cases
• Cutting-edge theories in determining damages
• Interplay between damages / restitution and class certification

Speakers
John Yanchunis | Morgan & Morgan
Gary Mason | Whitfield Bryson & Mason
Hassan Murphy | Murphy Falcon & Murphy
David Stein | Gibbs Law Group
Peggy Wedgworth | Milberg Tadler Phillips Grossman

2:50
Coffee Break sponsored by RG2 Claims

3:10
New Adventures in Personal Jurisdiction

In its BNSF Railway Co. v. Tyrrell decision, the Supreme Court held that its general jurisdiction holding in Daimler AG v. Bauman wasn’t limited to only certain types claims. Shortly after that the high court handed down its much-anticipated jurisdiction ruling in Bristol-Myers Squibb v. Superior Court, a win for defendants who had argued against litigation in states in which they are neither incorporated nor do business. Against this backdrop our panel will discuss:

• Prosecuting multi-state actions, especially non-MDLs
• Effect of uniform contract terms / privacy policies on choice of law in class cases
• Dealing with the ubiquity of terms of service agreements
• Geographical limitations following Bristol-Myers Squibb
• Relevant local rules

Speakers
Katrina Carroll | Lite DePalma Greenberg
Jonathan Jagher | Spector Roseman & Kodroff
Beth Terrell | Terrell Marshall Law Group

4:00
Class Certification

The procedure for certifying a class differs slightly among the federal system and states rules, but many states mirror what is set out in FRCP 23. Going beyond the basics of numerosity and commonality, our panel will dive into the following concepts:

• Ascertainability: How to objectively determine the members of your class
• Multi-state actions: Choice of law, handling differences in state laws
• Issue classes: When they are appropriate and how they work
• 23(b)(2) classes: Recent developments for ‘one remedy’ actions
• Injury, harm and damages
• In Re Hyundai and Kia Fuel Economy Litigation

Speaker
Annika K. Martin | Lieff Cabraser Heimann & Bernstein
Michael Ram | Robins Kaplan
John Yanchunis | Morgan & Morgan

NEW!
4:50 – 5:15
Risks and Regulations: Best Practices that Protect Class Member Confidentiality

Hear from an information security professional and head of a leading class claims management provider on the selection of vendors and subsequent compliance with the regulations enforced by the Federal Trade Commission and the Consumer Finance Protection Bureau.

Richard Simmons | President & Chief Information Security Officer | Analytics

6:00 pm – 8:00pm
Rooftop Reception at The Knickerbocker Hotel’s St. Cloud private patio!  Sponsored by Counsel Financial and Intake Desk!

AGENDA | Thursday, MAY 10, 2018

8:00
Registration & Breakfast

9:00
Discovery Under (26)(b)(1): Proportionality

An article in The Sedona Conference Journal reminded readers that “achieving proportionality in civil discovery is critically important to securing the ‘just, speedy, and inexpensive resolution of civil disputes’ as mandated by Federal Rule of Civil Procedure 1.” Even with changes in the rules over the years, designed to address excessive discovery, the article says, dissatisfaction continues particularly with  regard to digital discovery. “Much of this continued frustration appeared to be rooted in the perception that preservation and production burdens were not always proportional to the particular lawsuits at issue . . . .  The practical ramifications of including the proportionality factors in the scope of discovery are evolving and many questions remain concerning how practitioners and judges will adjust.” Our panel of professionals with deep experience in discovery will address these questions.

• Insights from the Sedona Working Group on Document Retention & Production
• The impact of recent changes in the rules.
• A review of recent court decisions.
• An important update about ethics.

Speakers
Ariana Tadler | Milberg Tadler Phillips Grossman
Joseph P. Guglielmo | Scott & Scott

9:45
Vetting & Preparing Plaintiffs

Cases are only as strong as the claimants. Identifying claimants, selecting the lead plaintiff, and preparing them for litigation is critical to your success. Our panel will discuss:

• Preparing class representatives
• Preparing and defending a named plaintiff deposition
• Traps that will be used to attack adequacy and commonality
• Recent case law developments concerning adequacy of representation

Speakers
Donald R. Hall | Kaplan Fox & Kilsheimer
Hadley L. Matarazzo | Faraci Lange
Lynn A. Toops | Cohen & Malad
Mark H. Troutman | Isaac Wiles Burkholder & Teetor

10:40
Coffee Break

11:00
Communicating with the Class

You know who they are. Now you just need to find them and communicate with them. Our panel will discuss these important elements to assembling and educating your class:

• Use of technology, websites and other internet platforms
• Building a database of potential claimants
• Directly reaching class members and avoiding Rule 23
• Current state of arbitration agreements and class action waivers
• Using (or threatening) mass actions to overcome class waivers in arbitration clauses

Speakers

Christian J. Clapp | Angeion Group
Ray Gallo | Gallo LLP
Tom Sauter, Garretson Resolution Group
Brandon Schwartz | Garden City Group
A.J. de Bartolomeo | Gibbs Law Group

11:50
Ethics in Attorney Advertising

Understand the ABA Model Rules of Professional Conduct as they relate to attorney communications with potential class members. Know the important nuances, how technology plays into the equation, and what changes might be on the horizon. Our speakers will discuss:

• Rule 7.1: The need for the public to hear from attorneys and the need to prevent false and misleading advertising. How does this apply to television, internet, social media and other forms of digital advertising?
• Rule 7.2: The right and wrong of direct communications with potential clients. Email and digital newsletters vs. telephone or face-to-face communications.
• Proposed changes to the ABA model rules and how they impact your practice.

Speakers
Scott Hardy | Top Class Actions
Steve Nober | Consumer Attorney Marketing Group
Scott D. Nader | General Counsel | Garden City Group

12:50
Luncheon sponsored by Analytics LLC

7pm
Broadway Show!