Agenda - CLASS ACTION MONEY & ETHICS 2020

CLASS ACTION MONEY & ETHICS 2020

Conference Agenda

Conference Agenda

Monday, Sept. 21

11:00 a.m.
Opening Remarks

Jeffrey Klenk, Director, Berkeley Research Group
Christopher Ritchie, Senior Managing Director, Huntington Bank

11:10 a.m.
Keynote Speaker

Brian T. Fitzpatrick, Law Professor, Vanderbilt University

Brian T. Fitzpatrick is the author of “The Conservative Case for Class Actions,” which argues that lifelong Republicans like himself should embrace class actions as a private-sector mechanism to combat commercial malfeasance, as opposed to government regulation and oversight. Fitzpatrick is Professor of Law at Vanderbilt Law School in Nashville, Tenn. Before joining Vanderbilt, he graduated first in his class at Harvard Law School, served as a law clerk on the U.S. Supreme Court to Justice Antonin Scalia, practiced corporate litigation in Washington, D.C. and worked as Special Counsel to John Cornyn in the U.S. Senate. Download a sample chapter from his book below.

Sample Chapter - The Conservative Case for Class Actions
File Size:	382 kb
File Type:	pdf

12:00 p.m.
Data, Technology and Privacy

Karen Hanson Riebel, Partner, Lockridge Grindal Nauen
John A. Yanchunis, Attorney, Morgan & Morgan

Moderated by Amy Worley, Managing Director, Berkeley Research Group, this panel will discuss trends in class action litigation arising out of data breaches and related privacy claims, especially in the wake of the California Consumer Privacy Act.

Companies Facilitating Ransomware Payments Could Face Penalties
File Size:	99 kb
File Type:	pdf

1:00 p.m.
Mass Arbitrations

Ray E. Gallo, Senior Partner, Gallo LLP; and Founder, Gallo Digital LLC
Joshua G. Konecky, Partner, Schneider Wallace Cottrell Konecky LLP
Travis Lenkner, Managing Partner, Keller Lenkner LLC
Wesley A. Prichard, Associate, K&L Gates LLP
Hon. Shira A. Scheindlin, Of Counsel, Stroock & Stroock & Lavan LLP

Moderated by Matthew Dundon, Principal at Dundon Advisers, this panel will examine the emerging tactic by the plaintiff bar of advanced marketing and intake techniques to recruit and coordinate arbitration plaintiffs to confront pre-dispute class waivers and arbitration agreements in consumer and employment contracts. Could these violate the spirit of the class waiver, as the defense bar is trying to establish? Are plaintiff lawyers properly marketing and vetting for clients using mass-tort style engagement? How do defendants avoid or mitigate the costs, which can amount to tens of millions of dollars in arbitration fees? Could this trend spell changes in the Federal Arbitration Act? Below are supplemental materials for the discussion.

Employment-Related Mass Claims Protocol - CPR
File Size:	507 kb
File Type:	pdf

Class-Action Procedures may Guide Solutions in Mass Arbitrations - K&L Gates
File Size:	267 kb
File Type:	pdf

Mass Action - Joshua Konecky and Leslie Joyner
File Size:	7896 kb
File Type:	pdf

Technology-Driven Mass Actions - Ray Gallo
File Size:	183 kb
File Type:	pdf

Power in Numbers - Nathan Piller_ Joshua Konecky and Leslie Joyner
File Size:	821 kb
File Type:	pdf

Tuesday, Sept. 22

11:00 a.m.
Opening Remarks

Jeffrey Klenk, Director, Berkeley Research Group
Christopher Ritchie, Senior Managing Director, Huntington Bank

11:10 a.m.
An Analysis of the Antitrust Landscape over 10 Years

Nathaniel Ament-Stone, Associate, Curtis, Mallet-Prevost, Colt & Mosle
Joshua Davis, Professor, University of San Francisco Law School
Pamela Gilbert, Partner, Cuneo Gilbert & LaDuca
Jeffrey Klenk, Director, Berkeley Research Group
Moderated by Rose Kohles, Assistant Vice President, Huntington Bank, this panel will review the 2019 Antitrust Annual Report, published by Huntington Bank and the University of San Francisco Law School. The first of its kind, the Antitrust Annual Report analyzes private class action lawsuit settlements in the United States Federal Court System to better understand how class action litigation is changing and how those changes affect class action professionals.

2019 Antitrust Annual Report
File Size:	6844 kb
File Type:	pdf

AAI Commentary on 2019 Antitrust Annual Report
File Size:	2284 kb
File Type:	pdf

12:00 p.m.
ERISA, Labor and Employment

Seth Kaufman, Partner, Fisher Phillips LLP
Randy Moon, Managing Director, Berkeley Research Group

Moderated by David Lewin, Managing Director, Berkeley Research Group, this panel will examine class actions and compensation disputes. Labor and employment litigation is usually about money. Such litigation, both individual and class action, ranges across issues involving wages and hours, discrimination, no-poaching and non-compete agreements, independent contractor v. employee status, executive compensation and benefits. This panel will address several money issues: the reasonableness of executive compensation, challenges to ERISA and related benefits and class actions involving discrimination, wages and hours.

Resolving Workplace Conflicts through Litigation - David Lewin
File Size:	331 kb
File Type:	pdf

1:00 p.m.
Recent Trends in Securities Litigation

Stephen Cirami, Head of Class Actions and Corporate Actions, Broadridge Financial Solutions
Dean Seal, Senior Reporter, Law360
Jeroen Van Kwawegen, Partner, Bernstein Litowitz Berger Grossmann
Glenn K. Vanzura, Partner, Mayer Brown

Moderated by Robyn Griffin, Managing Director, Huntington Bank, this panel will discuss recent trends in securities litigation including global developments such as in the Netherlands, the increased complexity of cases and the increased duration of class settlements.

Wednesday, Sept. 23
Registered to attend the conference events for Wednesday at zoom.us/webinar/92307264786. Once registered, you will receive a unique link via email from Zoom.

11:00 a.m.
Opening Remarks

Jeffrey Klenk, Director, Berkeley Research Group
Christopher Ritchie, Senior Managing Director, Huntington Bank

11:10 a.m.
No-Injury Class Actions

Eric Cramer, Chairman, Berger Montague
Michael P. Daly, Partner, Faegre Drinker Biddle & Reath LLP
David Kalat, Director, Berkeley Research Group

Moderated by Robin Cantor, Managing Director, Berkeley Research Group. So-called “no-injury” class actions are the subject of substantial debate not only in the law, but also among experts charged with examining the proximate cause of economic losses and the reliable measurement of damages, if any. Increasingly in these matters, courts must address standing, predominance, and due process challenges. The panel will discuss some recent decisions and their potential importance for the treatment of no-injury class actions. Get a primer on "no injury" class actions with the articles below.

Defining and Measuring Damages in 'No-Injury' Class Actions
File Size:	2487 kb
File Type:	pdf

A Puzzle of Class Actions with Uninjured Members
File Size:	111 kb
File Type:	pdf

Antitrust Class Certification and the Politics of Procedure
File Size:	52043 kb
File Type:	pdf

Vulnerable Monopolists - Joshua Davis and Eric Cramer
File Size:	37757 kb
File Type:	pdf

a_questionable_new_standard_for_class_certification_in_antitrust_cases.pdf
File Size:	3626 kb
File Type:	pdf

Continued Confusion Whether Pro Plaintiffs Have Standing
File Size:	1310 kb
File Type:	pdf

Court Refuses to Reduce Aggregate Statutory Damages
File Size:	1098 kb
File Type:	pdf

Eighth Circuit Supports Radical Reduction of Damages Award from Telemarketers
File Size:	827 kb
File Type:	pdf

State Courts Disagree About Statutory Damages - TCPA Blog
File Size:	2021 kb
File Type:	pdf

12:00 p.m.
Ethics: Protecting Data in Class Actions and Fund Administration

Christopher J. Dalton, Shareholder, Buchanan Ingersoll & Rooney PC
Allison Grande, Senior Reporter, Law360
Brent Landau, Global Managing Partner, Hausfeld, and Lecturer in Law, University of Pennsylvania Carey Law School

With claimant information typically submitted electronically and data breaches on the rise, how can class counsel and fund administrators most effectively protect the confidential information with which they are entrusted? The panel will discuss lawyers’ duties under the rules of professional responsibility in the event of a data breach or cyberattack, as well as how best to mitigate risks associated with handling sensitive claimant data, including protected health information.

Lawyers’ Obligations After an Electronic Data Breach or Cyberattack - ABA
File Size:	303 kb
File Type:	pdf

1:00 p.m.
Climate Change

Katie Beran, Partner, Hausfeld LLP
Mike Gerrard, Professor, Columbia Law School
Gabrielle Sigel, Partner, Jenner & Block

Moderated by Bradford Cornell, Managing Director, Berkeley Research Group, this panel will look at environmental litigation. If there is one issue that affects virtually everyone, from local communities to the world as a whole, it is climate change. For some time, various legal approaches have been tried with climate change claims. Will these lawsuits eventually evolve into class action matters, or are climate change impacts poorly suited for the courts and best addressed by policy makers? The panel will consider recent court decisions such as Juliana vs. United States and the potential role of class action litigation as a response to the consequences of climate change.

The Role of Lawyers in Decarbonizing Society - Michael B Gerrard
File Size:	226 kb
File Type:	pdf

Valuing ESG - Bradford Cornell and Aswath Damodaran
File Size:	2117 kb
File Type:	pdf

2:00 p.m.
Closing Remarks

Robin Cantor, Managing Director, Berkeley Research Group
Christopher Ritchie, Senior Managing Director, Huntington Bank