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Significant Circuit-Level Developments in the Law of Class Actions



Thursday, July 26, 2012
Product Code - LGN41
Speaker(s): Julian W. Poon, Gibson, Dunn & Crutcher LLP; Blaine H. Evanson, Gibson, Dunn & Crutcher LLP
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In recent years, courts of appeals have divided sharply on many of the core issues involved with the certification of a class action, which has resulted in a great deal of uncertainty among the circuits. In addition, the Supreme Court’s decisions in Wal-Mart v. Dukes, AT&T Mobility v. Concepcion, and Fund v. Halliburton (to name just a few) have fundamentally changed the class-certification landscape and have led to many new and interesting developments in the lower courts.

Some of the core issues that this program will address include: (1) the use of so-called “hybrid” class actions; (2) certification of “issue” classes under Rule 23(c)(4); (3) the standing requirements for absent class members and the propriety of “no injury” class actions; (4) the burden of proof on plaintiffs at the class-certification and decertification stages; and (5) the certification of punitive damages and statutory penalties and the “aggregation” problem to which they give rise. Each issue raises core concerns over not only the proper interpretation of Rule 23, but also the due process rights of plaintiffs and defendants alike. The federal courts of appeals that have confronted these issues have divided on their proper resolution, in many cases sharply. Our faculty will discuss each of these issues in turn, highlighting the splits and confusion among the courts of appeals, and explaining how class action counsel should navigate the changing legal landscape.

Educational Objectives:

• Get a comprehensive overview of the state of class-certification law as it is developing in the courts of appeals.
• Learn how to use these developments to their advantage in seeking or opposing class certification and, in particularly, in seeking interlocutory appellate review in the case of an adverse class-certification decision.

Who would benefit from attending this program?

All class action practitioners will benefit from the webinar. The issues discussed will cut across a broad range of areas of law, including wage-and-hour, consumer protection, and securities class actions.

Program Level: Intermediate

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

Julian W. Poon, Gibson, Dunn & Crutcher LLP; Blaine H. Evanson, Gibson, Dunn & Crutcher LLP

Julian W. Poon, Gibson, Dunn & Crutcher LLP
Julian W. Poon is a partner in the Los Angeles office of Gibson, Dunn & Crutcher LLP. He has successfully defended numerous wage-and-hour, labor, and other class actions at both the appellate and trial court levels, recently defeating some on the pleadings and without discovery, and is a member of the firm’s Class Actions and Appellate & Constitutional Law practice groups. Before joining Gibson Dunn, he clerked for Justice Scalia of the U.S. Supreme Court, and Judge Luttig, formerly of the U.S. Court of Appeals for the Fourth Circuit, and also graduated first in his class and summa cum laude from Harvard Law School and with distinction and honors from Stanford University.

Blaine H. Evanson, Gibson, Dunn & Crutcher LLP
Blaine H. Evanson is a litigation associate in the Los Angeles office of Gibson, Dunn & Crutcher, and practicing in the firm’s Appellate and Constitutional Law and Class Action Practice Groups. He has represented clients in several federal and state appellate courts, in wide variety of cases, and has significant experience litigating class actions both at the trial level and on appeal. Mr. Evanson graduated from Columbia Law School in 2006, where he was a James Kent Scholar and a Senior Editor on the Columbia Law Review. He also graduated with University Honors from Brigham Young University. Prior to joining Gibson Dunn, he served as a law clerk for Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit.

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 any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

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.