Class Actions & Derivative Suits


Learn while you’re on the go. Listen to the Class Actions & Derivative Suits Committee’s audio recordings on this archive page.

Observations from Virtual Testimony
Virtual testimony brings new challenges, some expected and some unexpected. Angela Sabbe reviews observations from virtual depositions during this new environment.

COVID-19 and the Tuition Refund Class Actions
Since March 2020, more than 200 tuition refund class actions have been filed against universities because of COVID-19 campus closures. In this podcast, Don Frederico and Melanie Conroy of Pierce Atwood LLP describe the cases, discuss the legal challenges they present, and forecast future developments.

How to Change Legal Jobs in the Midst of a Global Pandemic
Lindsay Breedlove, former partner at Troutman Pepper, provides tips about finding a new job in the legal industry based on her recent experience securing an in-house job at a biotech company. She focuses on the continued importance of networking and tips for interviewing on video.

Remote Mediation: The Good, the Bad, and the Practical
Superstar mediator Judge Jay Gandhi (Ret.) is interviewed by CADS committee co-chair Adam Polk about the ins and outs of remote mediation during the COVID-19 pandemic. Please enjoy this candid discussion and learn about how remote mediation works, benefits, potential pitfalls, and when you should consider remotely mediating your cases.

New Supreme Court Chapter of the ABA's Federal Survey of Class Action Law Treatise
Class action practitioner Jordan Elias, who recently authored the new Supreme Court chapter of the ABA's Federal Survey of Class Action Law treatise discusses the addition with CADS co-chair Adam Polk, and provides insights on how the Supreme Court's approach to class actions has evolved over the years.

Top Tips for Taking and Defending Remote Depositions
Considering taking a remote deposition while working from home? Learn from Mason Farmani, CEO of Barkley Court Reporters, about the various virtual options, how to prepare, and avoiding technical snafus!

Tips for Selecting the Right Expert
There's no Yelp for experts. In this Sound Advice, Angela Sabbe and Scott Carlton discuss tips for finding expert witnesses and considerations to evaluate when identifying the right expert for litigation matters.

Confronting the Question: Does BMS Apply to Class Actions?
Adam Polk discuss the Supreme Court's 2017 BMS decision, subsequent district court decisions' application of the decision to the claims of absent class members, and two recent appellate courts who have been asked to decide: "Does BMS apply to class actions?"

Coordinating North American Securities Class Actions: A Canadian Lawyer's Perspective: Part II
Join Hadi Davarinia of Morganti & Co. in this Sound Advice for a discussion of possible methods of coordination of U.S. and Canadian Securities class actions, including best procedural practices in the early stages of litigation.

Coordinating North American Securities Class Actions: A Canadian Lawyer's Perspective: Part I
Darryl Kyte, member of cross-border firm Morganti & Co., provides his opinions and insight into how to effectively coordinate United States and Canadian securities class actions in their early stages. The first in a two-part series.

A Roadmap to Avoid Class Antitrust Claims
Learn whether federal or state law governs the interpretation of arbitration clauses, whether antitrust claims "arise out of of" or "relate to" a distribution contract under the relevant law, and whether a broad arbitration provision can function as an implicit waiver of the right to pursue statutory antitrust claim in court.

Plaintiff and Defense Perspectives on the Implications of the First Circuit’s Asacol Decision
Britta Stamps and Brad Bodamer offer the defendants' perspective on the First Circuit's recent class certification decision in the In re Asacol Antitrust Litigation, while Adam Polk and Scott Grzenczyk provide insights on the decision from the plaintiffs' side.

Multidistrict Litigation Process
If you are involved in a multidistrict litigation case it may seem overwhelming—but fear not. Listen as veteran litigator Greg Cook explains the process and rules regarding the Multidistrict Litigation Panel (MDL Panel). (8:12 min)

Numerosity as It Pertains to Class Certification
Rule 23(a) has four elements that must be proven prior to class certification. Listen as Kathryn Honecker explains salient points of one of the elements—numerosity. (14:17 min)

Understanding the Demand Futility Exception
Civil litigation generally involves direct claims by an injured party against a wrongdoer. Derivative actions are different. Hear as Jeff Gardner explains how this exception works and the ways in which it may affect your clients. (8:54 min)

Basic Requirements for Class Certification: Commonality
Although Dukes v. Walmart gave more teeth to the commonality requirement and made it more difficult to achieve class certification under Rule23, certifications continue. Hear David Prahl as he discusses changes to requirements for commonality and what this means for you. (10:13 min)

Comcast Today: The Uninjured Class Member Conundrum
Lindsay Breedlove, a commercial litigator at Pepper Hamilton, addresses the contradictory jurisprudence interpreting the Supreme Court's 2013 decision in Comcast v. Behrend, and whether the Court's 2016 decision in Tyson Foods v. Bouaphakeo sheds any light on whether a class can include uninjured members.  

Class Actions and Data Complexity
Just because the data are complex does not mean that commonality and predominance do not exist. Peter Breslauer and Jeremy Guinta walk through lessons to be learned from over-reliance on Dukes.

Developments in Data Privacy Class Action Settlements
Angela Sabbe and Paul Karlsgodt discuss recent trends in settlements of class actions arising out of data breaches. The discussion covers key recent statistics, settlement structures, current barriers to settlement, and potential future developments.

Changes to the Rules of Civil Procedure 16, 26, and 34.
Listen to Adam Polk as he discusses how the recent changes to case management and discovery processes set forth in the Rules of Civil Procedure are likely to affect the small firm practitioner.

Five Practical Considerations for Defending Class Actions
Delving beyond the familiar Rule 23 factors, Ashley Bruce Trehan shares practical tips for representing a defendant in a class action case.

The Current & Future of Class Action Notice Campaigns
The speakers discuss Mullane v. Central Hanover Bank & Trust Co. and how due process implications should be considered when designing a notice program to reach today’s consumers.

Data Breach Class Action Cases
Amanda Fitzsimmons discusses the issue of standing in data breach class action cases and the importance of Remijas v. Neiman Marcus Group.

Five Practical Considerations for Defending Class Actions
Delving beyond the familiar Rule 23 factors, Ashley Bruce Trehan shares practical tips for representing a defendant in a class action case.

Experts in Class Actions and Derivative Suits
Although most litigators would view destroying an opposition expert witness in a deposition as a good thing, veteran litigator Curt Hineline says that may not be the case.

Discovery of Electronically Stored Information (ESI)
Jennie Lee Anderson suggests that when it comes to e-discovery, early planning and cooperation are key to building a successful strategy to best help your clients.

Overview of Class Actions Settlements in the Federal Courts
Longtime litigator Margaret Lyle gives both a step-by-step review of the process and the history of class action settlements within the federal courts.

Ethical Issues Related to Incentive Payments for Class Representatives
Incentive payments for class-action litigants can be tricky to handle. Listen as Mike Downey highlights which practices to employ and which to avoid. (08:28 min.)