CafaLawBlog: Time for today's final topic- emerging trends in class actions, here and abroad. Led by John Beisner and Keara Gordon.
#ACI09CafaLawBlog: Just finished a good panel on MDL. Moving on to a discussion of trying the class action case.
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CafaLawBlog: Having and following a good document retention policy has become critical.
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CafaLawBlog: Back from lunch. Todd Noteboom and Dan Blouin to discuss E-discovery.
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CafaLawBlog: Some courts starting to find that Cafa allows class action counterclaim removal, shifting away from Shamrock. But issue not settled.
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CafaLawBlog: Anthony discussing plaintiffs' attempts to avoid fed court by bringing class action counterclaims in state court.
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CafaLawBlog: Federal courts are widely split over whether they retain Cafa jurisdiction after a denial of class cert.
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CafaLawBlog: And now for something totally different- Cafa. Presenters are Ernest Vargo and Cafalawblog's Anthony Rollo.
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CafaLawBlog: Great session from the judges. Lots of good stories. Panel on seeking class decertification coming up next.
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CafaLawBlog: Typicality is one of the most challenged and difficult class cert issues to resolve.
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CafaLawBlog: Judges rarely want to hear from expert witnesses presented to testify on the law and how it should be applied on class cert issues.
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CafaLawBlog: Here come the judges-Hons. Harry Leinenweber (ND Ill), Richard Kramer (Superior Ct. Cal), and Susan Forsling (Ga.-Fulton County).
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CafaLawBlog: That's a wrap for day one. We'll pick up in the morning with views from the bench-- judges, judges, and more judges.
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CafaLawBlog: Be very careful when communicating with putatuve class members. Courts differ widely on whether it is allowable.
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CafaLawBlog: Last session of the day- ethical issues when interacting with opposing counsel and class members.
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CafaLawBlog: Build relationships with the plaintiff's attorney. It's easier to settle when trust has been established.
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CafaLawBlog: A discussion of class settlements and minimizing future liability is starting. Panel lead by Sheila Birnbaum and Howard Suskin.
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CafaLawBlog: Lively discussion on how to handle plaintiffs' attempts to use law professors as experts.
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CafaLawBlog: Courts are aware that certification of a class places pressure on defendants to settle.
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CafaLawBlog: On a side note, got to have lunch with Alan Sternberg and Ed Sarskas. Good company.
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CafaLawBlog: Moving on to managing Daubert concerns in the class cert process. Alan Sternberg, Cari Dawson, and S. Edward Sarskas to lead.
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CafaLawBlog: There has been an increase in Rule 23(f) de-cert petitions. Grant rates have increased slightly too.
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CafaLawBlog: Tip: deposing the named plaintiff early can be very useful. The named plaintiff's deposition testimony is often key on class cert.
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CafaLawBlog: Panel discussion on challenging and defeating class certification coming up- led by Gail Lees and Chris Chorba.
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CafaLawBlog: First things first- know your plaintiffs' counsel and the named plaintiffs themselves. Who are they and what do they really want?
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CafaLawBlog: Opening remarks from Sheila Birnbaum and John Beisner. Conference will focus on class action defense litigation tactics.
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CafaLawBlog: Follow @
CafaLawBlog and
#ACI09 for live tweets from ACI's Defense Counsel Forum on Positioning the Class Action Defense for Early Success