What You Will Learn
- Case law and legislative updates
- Effective decision-making and collaboration with in-house counsel
- Legal and empirical aspects of "new wave" wage and hour cases
- Updates on the role of DFEH
- Gender discrimination class actions
- Working effectively and efficiently with testifying and consulting experts
- New U.S. Department of Labor regulations
- Judicial views of class action litigation
- Managing e-discovery issues in labor class actions
- Innovative structures for negotiated settlements
- Avoiding ethical traps in setting class actions
AGENDA
| Monday, July 27, 2009 |
| 8:00 a.m. |
Registration and Continental Breakfast |
| 8:30 a.m. |
Introduction and Overview |
| 8:45 a.m. |
The Critical New Issues in Litigating , Settling, and Preventing Employment Law Class Actions
Case law and legislative updates; new proposals in more heavily Democratic 111th Congress; Obama's tough enforcement; economy impact; new liability theories, potential for ERISA claims and converting workplace micro-inequities into class actions |
| 9:30 a.m. |
Effective Decision Making and Collaboration with In-House Counsel
Real-life examples: What are companies doing to prevent class actions? How do they approach litigation? |
| 10:30 a.m. |
Break |
| 10:45 a.m. |
Wage and Hour: Advanced Topics in Litigation
Latest developments that could lead to class actions: Legal and empirical aspects of "new wave" wage and hour cases, including merits and damages
Unique requirements under California's Labor Code and Industrial Welfare Commission's Wage Orders; impact of Brinker Restaurant v. Superior Court of San Diego decision, currently on appeal; opt-in/opt-out wage class action settlements |
| 12:00 p.m. |
Lunch (on your own) |
| 1:15 p.m. |
Update on the Role of DFEH in Civil Action Litigation
Special class action dangers of mass reduction |
| 2:00 p.m. |
Gender Discrimination Class Actions
EEOC policies and enforcement priorities under the Obama Administration; provisions and implementation of the recently enacted Ledbetter Act, and the real prospects for litigation over historical events
Plaintiff perspective on the process from EEOC filing a complaint through civil litigation: Key issues; use of statistics; nature of proof disputes |
| 3:30 p.m. |
Break |
| 3:45 p.m. |
Class Certification Standards: A Trend Towards More Rigorous Analysis; Nuances in California Practice
What are the standards that apply? What does commonality mean? The Subjective Decision Paradigm; Why are standards in various circuits so different? |
| 4:30 p.m. |
Lawyer and Consultant Perspectives on Working Effectively and Efficiently with Testifying and Consulting Experts
When and how to use economic experts; finding the right people; common lawyer mistakes; problems with market research surveys, demonstrating similarity or dissimilarity of experiences, numerosity, commonality, and adequacy of representation |
| 5:30 p.m. |
Continue the Exchange of Ideas: Reception for Faculty and Attendees |
| Tuesday, July 28, 2009 |
| 8:00 a.m. |
Registration and Continental Breakfast |
| 8:30 a.m. |
Introduction and Overview |
| 8:45 a.m. |
Changes in Washington in Labor Relations and Employment Law
New U.S. Department of Labor (DOL) regulations such as those interpreting the Family and Medical Leave Act (FMLA); prospects for new labor and employment legislation and the potential impact on employment class actions |
| 9:30 a.m. |
Judicial Views of Class Action Litigation
Problematic class action issues for plaintiffs and defendants |
| 10:15 a.m. |
Break |
| 10:30 a.m. |
Managing the Data: E-Discovery Issues in Labor Class Actions
Meeting the magnified e-discovery challenges of large-scale cases, including with respect to leveraging the new rules and leading industry guidance; avoiding issues like spoliation that can lead to unproductive side shows and case-crippling sanctions |
| 11:45 a.m. |
Lunch (on your own) |
| 1:00 p.m. |
Neutral and Litigator Perspectives Through Alternative Dispute Resolution Including Mediation
View from the Bench: Innovative structures for negotiated settlements
JAMS Speaker: Hon. James L. Warren (Ret.)
Litigator perspective: Implications of California's Gentry v. Superior Court case invalidating Circuit City's employment agreement dispute arbitration clause; pending federal legislation |
| 2:00 p.m. |
Legal Ethics: Avoiding Ethical Traps in Settling Class Actions
How and when to contact under Title VII |
| 3:00 p.m. |
Evaluations and Adjourn |
July 27 and 28, 2009
San Francisco Marriott Union Square Hotel
480 Sutter Street
San Francisco, California
For additional information and to register, visit
www.lawseminars.com.