The Ghost in the Darkness—Advanced Techniques for Defending Against Class Action Litigation
Trenton H. Norris
Partner & Head, Consumer Protection Practice
Arnold & Porter LLP (San Francisco, CA)
Neal H. Klausner
Partner
Davis & Gilbert LLP
Francis A. Citera
Shareholder; Co-Chair, Products Liability & Mass Torts Litigation Group
Greenberg Traurig, LLP
Lawrence I. Weinstein
Partner
Proskauer Rose LLP
- Dissecting the scope of deceptive advertising claims
- Identifying common issues ripe for litigation
- Evaluating the efficacy of claims based on the medium of advertising (label, tv/radio/print commercial, website, video on social media, etc.)
- Are there lessons to be learned and applied from the “all natural” litigation against the food industry?
- Exploring the issue of class certification
- Analyzing the effects of the recent Supreme Court decisions of Dukes v. Wal-Mart and Comcast Corp. v. Behrend
- Evaluating the impact of Carrera v. Bayer Corp. (3d Cir.)
- Debating the issues of standing (e.g., purchaser of single product suing on behalf of purchasers of “substantially similar” products)
- Observing performance levels of challenges to class certification—embracing effective arguments and discarding antiquated positions
- Conducting cost effective and strategic discovery
- Negotiating e-discovery schedules—the advantages of agreeing to search terms and limiting custodians
- Safeguarding trade secrets
- Being vigilant of privacy issues (e.g., where survey data from Lanham Act litigation is demanded)
- Knowing when to request court intervention
- Analyzing the efficacy of bifurcating discovery, and identifying jurisdictions where bifurcation is preferred
- Considering settlement related issues
- Noticing the class
- Anticipating the number of claims
- Identifying techniques for reducing fraudulent claims