The 22nd Annual Golden State Antitrust and Unfair Competition Law Institute, sponsored by the State Bar of California, will take place on October 25, 2012 at the St. Regis Hotel in San Francisco. Click here to register.
Here is the complete brochure for the event. The morning plenary "updates" panel is always very good, and the two afternoon UCL breakout sessions (see below) are of particular interest. This is the third year in a row that I've had a significant level of involvement in organizing this event, and I hope folks will register and attend.
UCL Breakout Session #1: CAFA at Age Seven: State and Federal Court Differences in Litigating UCL Cases
As a result of the Class Action Fairness Act of 2005 (“CAFA”), many more UCL cases are finding their way into the federal court system. This panel will discuss the procedural and substantive differences between litigating a UCL case in state court vs. federal court. Topics include removal under CAFA, pleading and the particularity requirement, how the standing rules operate differently in federal and state courts, and the impact of forum on the class certification analysis in the post-Tobacco II and post-Dukes world. Our distinguished panelists will offer practical, real-world advice on shepherding a UCL case through the two different court systems.
- Hon. Robert D. Freedman, Judge of the Superior Court, Alameda County Superior Court, Oakland
- Hon. Elizabeth D. Laporte, U.S. Magistrate Judge, Northern District of California, San Francisco
- Paula L. Blizzard,. Keker & Van Nest LLP, San Francisco
- Eric B. Fastiff, Lieff Cabraser Heimann & Bernstein LLP, San Francisco
- Susan G. Kupfer, moderator; Glancy Binkow & Goldberg LLP, San Francisco
UCL Breakout Session #2: The Supreme Court Theater: Now Playing and Coming Soon
This panel will cover the cutting-edge UCL cases now pending before the California Supreme Court, including Rose v. Bank of America and the “unlawful” prong, Sanchez v. Valencia Holding and arbitration clauses in UCL actions, Zhang v. Superior Court and UCL claims against insurers, and the sleeper UCL issue in In re Cipro Cases I & II. The panel will also cover critical unresolved issues the Supreme Court may take up. The panel will offer best strategies on litigating UCL cases when so many important questions remain unresolved, and will forecast the Supreme Court’s UCL jurisprudence in the coming years.
- Hon. Kathleen M. Banke, Associate Justice of the California Court of Appeal, First District, San Francisco
- Sarah A. Good, Pillsbury Winthrop Shaw Pittman LLP, San Francisco
- Kevin K. Green, Robbins Geller Rudman & Dowd LLP, San Diego
- Angel A. Garganta, moderator; Arnold & Porter LLP, San Francisco