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A successful attorney, whether outside counsel or in-house, needs to understand class actions. The stakes are too high and the results critical. This course provides a detailed breakdown of the information attorneys need to know to excel in this arena: what topics are at issue in today’s class action litigation; what are the requirements; what rules apply, in particular Federal Rule of Civil Procedure Rule 23; what you must demonstrate to succeed in bringing or opposing a class action; how the courts have interpreted the requirements in granting or denying class certification and upholding and dismissing class actions; the timing on a class certification motion; the different types of class actions; the importance of defining the class and the latest issues being litigated; what notice is required to class members and what options prospective class members have; successful decisions in maintaining and challenging class actions; what you need to know about settling class actions; when you can settle a class action complaint; your best options as a defendant to settle a class action; how the rules on offer of judgment and statutory limits on damages affect settlement possibility; how the merits affect class certification; how discovery is used in class actions; the Class Action Fairness Act (CAFA); how class actions for injunctive relief are treated; how class actions treat damages and the different types of awards to class members; the requirements to be an adequate class action representative, to be class action counsel, and to be lead counsel; how attorney’s fees are considered in class actions; how class action waivers and arbitration clauses have affected class actions; what the Consumer Financial Protection Bureau (CFPB) is considering about class actions; and the important rulings by the U.S. Supreme Court and what is currently before the Court in the class action field.
In this comprehensive presentation, attorney Jay Safer guides viewers in making important decisions on how to proceed or defend class actions. Whether new or experienced, in-house or outside counsel, viewers will finish the program primed with the knowledge necessary to be successful class action litigators, benefiting both their practice and their clients.
I. Identify the applicable rules applying to class actions
II. Comprehend the requirements to bring or oppose a class action and how they are being applied today
III. Grasp the different types of class actions and how they affect your case
IV. Learn the rules on class certification
V. Delineate the issues in defining the class
VI. Understand notice requirements
VII. Identify the decisions that must be considered as counsel for the plaintiff class and defendants
Jay G. Safer is a Partner at the law firm of Wollmuth, Maher & Deutsch LLP in New York City. Jay handles complex litigation and arbitration in the United States and abroad. Jay represents clients in matters concerning contracts, antitrust, securities, RICO, qui tam, FCPA, international litigation and arbitration, including application of the New York Convention and enforcement of foreign judgments and arbitration awards, banking, financial institutions, corporate governance, technology, privacy, insurance, construction, real estate, labor and employment, product liability, health care, professional ethics, financial, constitutional, and regulatory issues, mediation, class actions, defamation, and media.
He also counsels clients on commercial matters, including protection and preventive measures and pre-litigation analysis. He has represented clients in international litigation, including domestic and foreign clients in courts outside the United States and foreign clients in United States courts. He has represented clients from the United States and around the world in international arbitrations. Jay has served on panels, bench-bar forums, and is a member of committees with judges and attorneys discussing and speaking on a wide range of civil litigation issues, litigation skills, and U.S. and international arbitration and international litigation practice. He has presented numerous programs and seminars on U.S. and international arbitration and litigation to foreign judges, lawyers, and law students visiting the United States and at seminars abroad. He frequently presents webinars and CLE programs to national audiences.
He is an Adjunct Professor of Law at Fordham Law School teaching foreign lawyers on the management of U.S. Litigation, and the role of arbitration and mediation in U.S. Proceedings. Jay was appointed to the advisory group to the New York State Federal Judicial Council consisting of federal and state judges appointed by the Chief Judge of the State of New York and the United States Court of Appeals for the Second Circuit. Jay was appointed by the Chief Judge of the State of New York to the Commercial Division Advisory Council that advises the Chief Judge and the judiciary on matters involving the Commercial Division of the State of New York.
Jay was appointed by the New York State Chief Administrative Judge to serve on the Advisory Committee on the New York State Civil Practice Law and Rules. Jay is involved in leadership positions in numerous bar associations, including as past and present chair and member of many bar association sections, executive committees, and committees. He has also made appearances on television and authored numerous articles and publications.
Terrific, very informative course.
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