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2012 Developments in Class Action Litigation


Product Code - LGN75
Speaker(s): Stacey P. Slaughter, Robins, Kaplan, Miller & Ciresi L.L.P.; George D. Carroll, Robins, Kaplan, Miller & Ciresi L.L.P.
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This program will focus on what is new in class action litigation in 2012. The faculty will discuss the fallout from the AT&T Mobility v. Concepcion and Wal-Mart v. Dukes decisions, including the impact of these cases on class action litigation. Lower court application of Concepcion has changed the landscape of consumer class actions, but decisions such as In re Amex III and others show that the arbitration clause and class waiver has not ended consumer class actions. Meanwhile, Dukes has changed the face of nationwide class actions, particularly in employment. The program will address subsequent case developments and the application of Dukes and will briefly touch on proposed legislation that may undermine the Supreme Court’s decision.

A summary of the Supreme Court’s docket of class action cases will be provided. The Court will be hearing argument in Comcast v. Behrend, which will turn on what plaintiffs must present by way of a viable damages theory for a class action to proceed to trial. The Court will also hear cases relating to the “fraud on the market” theory and the Class Action Fairness Act. Finally, the presenters will discuss developments surrounding judicial scrutiny of attorney fees and in particular cy pres settlements.

Educational Objectives:

• Learn how plaintiffs have sought (and sometimes succeeded) in bringing cases despite Concepcion-style waivers.
• Find out about the 2012 Supreme Court’s term’s class action cases.
• Understand recent developments in cy pres settlements and the judicial scrutiny of settlements in class action cases.

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the "CLE Credit" tab.

Stacey P. Slaughter, Robins, Kaplan, Miller & Ciresi L.L.P.; George D. Carroll, Robins, Kaplan, Miller & Ciresi L.L.P.

Stacey P. Slaughter, Robins, Kaplan, Miller & Ciresi L.L.P.
Stacey P. Slaughter is a partner in Robins Kaplan’s business litigation department. She is a member of the complex business litigation, antitrust and trade regulation, and securities and financial litigation practices. Before joining her firm, Ms. Slaughter clerked in the United States District Court for the District of Minnesota for Judge Michael J. Davis and Judge Paul A. Magnuson.

Ms. Slaughter represents businesses and organizations that face significant commercial disputes, complex business problems, and novel legal issues. She has represented clients in a wide range of industries including banking, commodities, consumer goods and products, food, logistics, securities, technology, and travel. Ms. Slaughter is also dedicated to Robins Kaplan’s commitment to pro bono work.

Ms. Slaughter earned a J.D. cum laude from the University of Minnesota Law School, a Master’s degree from the University of Minnesota, and a B.A. degree magna cum laude with honors from Florida State University.

George D. Carroll, Robins, Kaplan, Miller & Ciresi L.L.P.
Mr. Carroll focuses his practice on international arbitration, business litigation, antitrust and trade regulation, and securities and financial litigation. He currently represents a group of merchants in their antitrust challenge against certain practices within the payment card industry. He represented a business in Estonia against an Italian company in international arbitration proceeding before the International Chamber of Commerce, which resulted in confidential settlement agreement.

Mr. Carroll was a member of a trial team for Guardian ad Litem in a complex termination of parental rights case and later a contested adoption involving multiple parties and the application of the federal Indian Child Welfare Act and Minnesota Child Welfare Law. He also represented a robotics company in a series of patent infringement actions. All cases resulted in confidential settlement agreements.

Before joining Robins Kaplan, Mr. Carroll served as clerk for the National Legal Aid & Defender Association. He earned a J.D. from the University of Chicago Law School and a B.A. in History and Political Science, with honors, from Grinnell College.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to Lindsey Pace, CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.