The UCL Practitioner

2024 UCL Institute this coming Thursday, January 18 in Los Angeles

Happy 2024! It's been a while since I've done any blogging here but of course I want to encourage everyone to attend the upcoming UCL Institute, organized and sponsored by the Antitrust and Unfair Competition Law Section of the California Lawyers Association. The Institute will take place this Thursday, January 18, 2024 from 9:00 a.m. to 3:30 p.m.at the City Club Los Angeles. Click here for more information and to register. The cost is a mere $40 for Section members and $50 for non-members (lower for government, non-profit and in-house employees).

Here's the schedule. It looks really great this year:

Coffee & Registration | 9:00-9:30 a.m.

Panel 1: UCL and FTC Enforcement Priorities | 9:30-10:30 a.m.

This panel of federal, state, and local government enforcers will discuss recent enforcement activity in the unfair competition and consumer protection arena and provide insight into 2024 enforcement priorities.

Break | 10:30-10:45 a.m.

Panel 2: Privacy and the UCL | 10:45-11:45 a.m.

While privacy is now an important practice area in its own right, the unfair competition and consumer protection laws remain essential vehicles for the enforcement of individual privacy rights.  Our panelists from the government and the private plaintiffs and defense bar will discuss the latest litigation trends at the intersection of privacy and unfair competition law.

Networking Lunch & Fireside Chat | 11:45 a.m.-1:15 p.m.

Sam Levine, Director of the FTC’s Bureau of Consumer Protection will share the latest from Washington on consumer protection in conversation with moderator Ted Mermin, Executive Director of Berkeley Law’s Center for Consumer Law and Economic Justice.

Panel 3: Epic Reverberations | 1:15-1:45 p.m.

Hear practitioners on both sides of the “v” discuss the dueling amici perspectives on appeal and how this important case will affect UCL litigation going forward.

Panel 4: Developments in Discovery | 1:45-2:15 p.m.

Daniel Garrie, a practitioner (Zeichner Ellman & Krause), neutral (JAMS), and legal engineering entrepreneur (Law & Forensics), will discuss the abuses in class discovery that have become all too common in UCL matters.

Break | 2:15-2:30 p.m.

Panel 5: Mediating UCL Cases | 2:30-3:30 p.m.

These former state and federal judges will share their experience mediating unfair competition and consumer protection cases and advise on best practices to successfully resolve thorny consumer class actions and other high stakes unfair competition matters.

UCL Institute to take place this Thursday, Jan. 12, 2023 in Los Angeles

The first annual UCL Institute sponsored by the Antitrust and Unfair Competition Law Section of the California Lawyers Association (formerly the State Bar of California) will happen this Thursday, January 12, 2023 at 1:00 p.m. at the Omni Hotel in downtown Los Angeles.  It looks like it's going to be a really great program and I'd encourage everyone to sign up and attend. 

The Institute "will feature leading UCL practitioners from across the private and public sector. This multi-session conference will feature programs on government enforcement activity, recent developments in unfair competition law, and practical advice for litigating a UCL case. Following these panels, all attendees are invited to stay for an outdoor reception featuring an open bar and hors d’oeuvres." 

Click here for more information and to register. 

Upcoming MCLE program: UCL Institute, Thursday, September 29, 2022 in Los Angeles (postponed)

UPDATE 9/12/22: This event has been postponed to January 2023. The new date will be announced later in the year. UPDATE 1/10/22: The new date for this program is January 12, 2023.

I would encourage everyone to sign up and attend the first annual UCL Institute sponsored by the Antitrust and Unfair Competition Law Section of the California Lawyers Association (formerly the State Bar of California).  The event will take place starting at 2:00 p.m. at the Omni Hotel in downtown Los Angeles.

The Institute "will feature leading UCL practitioners from across the private and public sector. This multi-session conference will feature programs on government enforcement activity, recent developments in unfair competition law, and practical advice for litigating a UCL case. Following these panels, all attendees are invited to stay for an outdoor reception featuring an open bar and hors d’oeuvres." 

Click here for more information and to register. 

Interesting panels during this year's virtual Golden State Institute, October 27-29, 2020

Some interesting panels are offered during this year's Golden State Institute, which is the big annual educational event organized by the Antitrust, UCL, and Privacy Section of the California Lawyers Association.  This year's Institute will take place entirely online, on October 27-29, 2020.  The cost to attend the entire Institute is only $50!  Usually the fees run several hundred dollars, so this is a bargain.  (A reduced price of $25 is offered for government lawyers, academics and non-practicing attorneys, and students can attend for free.) 

A couple of the panels sound particularly interesting.  The opening panel, "Recent Developments in Antitrust and Unfair Competition Law" (scheduled for 12:00 p.m. on October 27), is always very thorough and covers recent UCL decisions as well as antitrust cases.  I'm also looking forward to the conversation with California Supreme Court Justice Joshua P. Groban, which will take place at 1:10 p.m. on October 27.  Every year for some time, a different Supreme Court justice has agreed to come and talk to the Section, and this year's discussion with Justice Groban should be really great.  I remember the year Justice Corrigan spoke and I learned we have something in common:  we are both cat people! 

You can earn up to 5 hours of MCLE credits, including an hour of bias credit if you join the "Antitrust and Social Justice" panel on October 28 at 1:00 p.m.  That's $10 per credit, folks.  Click here for more information and to register. 

Interesting webinar next week on UCL and CLRA omissions cases

Next Wednesday, September 20, 2017, from noon to 1:00 p.m., the Antitrust, UCL and Privacy Section of the State Bar of California will hold  a webinar entitled: "Material Omission Claims Under California's UCL, FAL, and CLRA." 

The program "will offer plaintiff and defense perspectives on the issues that arise when your case involves a material omission cause of action under the California statutes, including discussion of recent appellate decisions."  The speakers are my good friend Kevin Green of Hagens Berman, who will provide the plaintiffs' perspective, along with Timothy W. Loose of Gibson, Dunn and Crutcher, on the defense side.   

This sounds like a very interesting program.  For more information and to register, click here. 

Complex Court Symposium, November 9, 2016 in Los Angeles

The 2016 Complex Court Symposium, organized by Litigation Section of the Los Angeles County Bar Association, will take place on November 9, 2016 from 3:30 to 6:30 p.m. at the Millenium Biltmore in Los Angeles. 

This looks like a really great event. All of the judges listed below are slated as speakers.  For more information and to register, click here.

Speakers:
Hon. Elihu M. Berle (Los Angeles)
Hon. William D. Claster (Orange County)
Hon. Kenneth R. Freeman (Los Angeles)
Hon. Barry P. Goode (Contra Costa County)
Hon. George Hernandez, Jr. (Alameda)
Hon. William F. Highberger (Los Angeles)
Hon. Curtis E. A. Karnow (San Francisco)
Hon. Peter H. Kirwan (Santa Clara)
Hon. Steven J. Kleifield (Los Angeles)
Hon. John J. Kralik (Los Angeles)
Hon. Carolyn B. Kuhl (Los Angeles)
Hon. Brad Seligman (Alameda)
Hon. Winifred Y. Smith (Alameda)
Hon. Sharon J. Waters (Riverside) 
Hon. Marie Weiner (San Mateo)
Hon. Mary E. Wiss (San Francisco)
Hon. John S. Wiley, Jr. (Los Angeles)

San Diego County Bar Association webinar next week on Duran

On Wednesday, June 18, 2014 at noon, the San Diego County Bar Association will present a webinar entitled "Duran v. U.S. Bank — New Guidance on Complex/Class Action Case Management and Trial Methodology." 

The webinar will feature plaintiff-side attorney Michael D. Singer of Cohelan Khoury & Singer and a defense-side panelist.  Michael has represented the plaintiffs in Brinker from the inception of that case, and he also worked closely on CELA's amicus brief in Duran.  His perspectives will be well worth hearing. 

This is the first MCLE panel that I'm aware of focusing specifically on the Duran opinion.  It sounds like it will be quite interesting.  Click here for more information and to register.

Register now for the State Bar's Golden State Antitrust and Unfair Competition Law Institute next week (Updated)

The 23rd annual State Bar Golden State Antitrust and Unfair Competition Law Institute will take place next Thursday, October 25 October 24, 2013 at the Julia Morgan Ballroom in San Francisco. [UPDATED:  Please note that the correct date is Thursday, October 24th (not Friday the 25th).]

This is going to be a really interesting event, and I would encourage everyone who handles UCL and CLRA matters to sign up and attend.  During the afternoon, yours truly will be moderating a panel on UCL and CLRA trials.  The panel will feature the attorneys who tried the McAdams v. Monier class action (discussed here, here and here) earlier this year.  McAdams resulted in one of the nine published post-Tobacco II appellate opinions, in which the Court of Appeal reversed the trial court's order denying class certification. 

When McAdams went to trial, the defendant was represented by Will Stern of MoFo, author of the Rutter Group guide on 17200 practice.  Attorney Jeff Cereghino of Ram Olson Cereghino & Kopczynski represented the plaintiffs.  They and I have had several preparatory calls, and I have already learned some facsinating things about the practical aspects of taking a class action case to trial in the post-Dukes and post-Duran world. We will be talking about the jury instructions, the special verdict, the post-trial ruling (it was a remarkable one), and more. 

In addition to that panel, the morning update session will cover UCL developments (in addition to antitrust ones), and the big-stakes trials panel will be of interest to anyone who tries class action cases. 

If that is not enough to tempt you, at lunchtime, we will be welcoming California Supreme Court Justice Goodwin Liu as our keynote speaker.  I am very much looking forward to hearing his remarks. 

And last but not least, at the dinner, we will honor Senior Assistant Attorney General Kathleen E. Foote, of the California Department of Justice, who has been named 2013 Antitrust Lawyer of the Year.  Ms. Foote is only the second woman to be so honored in the history of the award. 

I hope to see you there.  The complete schedule for the day appears below.  Click here to register. 

8 a.m. - 9 a.m.	Registration & Continental Breakfast
8:30 a.m. - 8:45 a.m.	General Session Welcoming Remarks Kenneth R. O’Rourke – Incoming Section Chair O’Melveny & Myers LLP - Los Angeles, CA Paul J. Riehle – Incoming Section Vice Chair, Golden State Institute Sedgwick LLP - San Francisco, CA
8:45 a.m. - 10:15 a.m.	Plenary Session #1 Legal Update: Recent Developments in Antitrust and Unfair Competition Law This popular panel returns once again this year. Our dynamic speakers will provide an overview of recent California and federal developments in antitrust and unfair competition law. Thomas A. Papageorge, Professor, University of San Diego School of Law, Special Prosecutor, San Diego County District Attorney’s Office - San Diego, CA Thomas Greene, Special Litigation Counsel, Bureau of Competition of the Federal Trade Commission - San Francisco, CA Hon. J. Thomas Rosch, Latham & Watkins LLP - San Francisco, CA
10:15 a.m. - 10:30 a.m.	Morning Break
10:30 a.m. - 12:30 p.m.	Plenary Session #2: Trials “Big Stakes” Antitrust Trials For years, very few large antitrust cases went to trial let alone reached a jury verdict. That era has changed. We have witnessed an abundance of high stakes antitrust jury trials in the past couple of years. Last year, trial lawyers from two of these important cases, USA v. AU Optronics and Rambus v. Micron and Hynix, spoke to us about trial challenges they faced and how they addressed them. This year we are again very fortunate to have some of the country’s leading antitrust trial lawyers tell us about their recent trial experiences and, importantly, lessons they learned that will benefit litigators on both sides of a case as well as the in-house lawyers and clients overseeing antitrust litigation. The trials on our agenda for this year are: In re Vitamin C Antitrust Litigation In March 2013, a federal court jury in Brooklyn, New York, returned a $54.1 million verdict (trebled to $162.3 million) in favor of a class of vitamin C buyers. Plaintiffs claimed that the defendants, four Chinese producers of vitamin.C, conspired to fix prices and production levels for vitamin C exported to the United States. A key part of their defense was that their prices were set at the direction of the Chinese government. In re TFT-LCD Antitrust Litigation / Direct Purchasers Class v. Toshiba In July 2012, a San Francisco federal court jury found Toshiba liable for participating in an international price fixing cartel in violation of the Sherman Act. This trial was one of the first direct purchaser antitrust class actions to be tried to a jury in a long time. Plaintiffs claimed that Toshiba conspired with other international manufacturers to fix the prices at which LCDs were sold. The jury agreed, finding for the plaintiffs and awarding $87 million. In re Urethanes Antitrust Litigation / Direct Purchasers Class v. Dow Chemical In February 2013, a federal court jury in Kansas returned a verdict in favor of a class of purchasers of urethanes for $400 million (trebled to $1.2 billion). Post-trial motions and briefing are underway. Co-moderators:  Niall E. Lynch, Latham & Watkins LLP - San Francisco, CA  Heather S. Tewksbury, U.S. Department of Justice, Antitrust Division Panelists: Robert E. Freitas, Freitas Tseng & Kaufman LLP – Redwood Shores, CA Joseph Goldberg, Freedman Boyd Hollander Goldberg Urias & Ward PA- Albuquerque, New Mexico Co-Lead Plaintiffs’ Counsel for Direct Purchaser Class - Urethanes William A. Isaacson, Boies Schiller & Flexner LLPWashington, D.C. Lead Trial Counsel for Plaintiffs Class of Direct Purchasers - Vitamin C Daniel S. Mason, Zelle Hofmann Voelbel & Mason LLP - San Francisco, CA Lead Trial Counsel for Defendant Weisheng Pharmaceutical Co. Ltd. - Vitamin C Bruce L. Simon, Pearson Simon & Warshaw LLP -San Francisco, CA Co-Lead Trial Counsel for Direct  Purchaser Class - LCD Howard Varinsky, Varinsky & Associates - Emeryville, CA Jury Consultant - LCD
12:30 p.m. - 2 p.m.	Golden State Institute Luncheon Luncheon Keynote Speaker: Hon. Goodwin Liu, Associate Justice of the California Supreme Court - San Francisco, CA We are honored to have Justice Liu, the newest member of our state’s highest court, join us to present his keynote address.
2:15 p.m. - 3 p.m.	Plenary Session #3: Antitrust and IP Reverse Payment Settlements The U.S. Supreme Court issued a watershed ruling this summer on “reverse payment” settlements -- settlements of pharmaceutical patent litigation in which a branded drug company compensates a generic entrant to delay its entry into the market. In FTC v. Actavis, the Court held these agreements are to be analyzed using the Rule of Reason, not a presumption of unlawfulness or lawfulness. Our distinguished panelists will discuss the Court’s opinion and what it means for litigation challenging these agreements, patent litigation settlements, and the pharmaceutical industry and beyond, as well as for the California Supreme Court’s decision in the pending Cipro case. Our panelists include the attorney who argued Actavis in the Supreme Court, the leading academician on the subject, trial counsel in Cipro and other class action challenges to reverse settlements, and is moderated by the attorney who filed the Actavis Case. Moderator: Cheryl L. Johnson, Office of California Attorney General - Los Angeles, CA Panelists: Professor Michael A. Carrier, Rutgers Law School - Camden, NJ J Douglas Richards, Cohen Milstein -New York, NY Jeffrey I. Weinberger, Munger Tolles & Olson LLP - Los Angeles, CA
2:15 p.m. - 3 p.m.	Plenary Session #4: Unfair Competition Law and Consumers Legal Remedies Act - Class Certification Issues and Trial Techniques for UCL and CLRA Class Actions This outstanding panel is comprised of lead plaintiffs’ and defense counsel from McAdams v. Monier, Inc., a UCL/CLRA trial that went to verdict earlier this year. The plaintiffs consisted of a certified class of 128,000 members who sought more $250 million. The trial court overturned a $7.4 million plaintiffs’ verdict after rejecting their expert’s testimony. Our panelists will discuss the issues they faced regarding class certification, as well as how they presented their liability case and damages and restitution theories. The panel includes the author of The Rutter Group’s UCL treatise and is moderated by the author of the “The UCL Practitioner” blog and plaintiffs’ oral advocate before the California Supreme Court in Brinker. Moderator Kimberly Kralowec, The Kralowec Law Group - San Francisco, CA Panelists: Jeffrey B. Cereghino, Ram Olson Cereghino & Kopczynski LLP - San Francisco, CA William L. Stern Morrison, Foerster LLP - San Francisco, CA
3:45 p.m. - 4 p.m.	Afternoon Break
4 p.m. - 5:15 p.m.	Plenary Session #5: Judge's Panel Class Certification Proceedings in Antitrust and Unfair Competition Law Cases A distinguished group of state and federal judges will discuss certification of class actions and other pretrial and trial proceedings in complex litigation. The focus will be their “real world” experiences and practice pointers. This is a unique opportunity to learn directly from these highly experienced state and federal judges who adjudicate major class actions, antitrust and unfair competition cases, and other complex business litigation. Moderator: Penny Preovolos, Morrison & Foerster LLP - San Francisco, CA Panelists: Hon. Marsha S. Berzon, U.S. Circuit Judge, Ninth Circuit Court of Appeals - San Francisco, CA Hon. Curtis Karnow, Complex Litigation Judge, San Francisco Superior Court – San Francisco, CA Hon. Virginia A. Phillips, U.S. District Court Judge for the Central District of California - Riverside, CA Hon. John S. Wiley, Complex Litigation Judge, Los Angeles County Superior Court - Los Angeles, CA
5:30 p.m. - 7 p.m.	Reception for Antitrust Lawyer of the Year – Hosted Reception
7 p.m. - 9:30 p.m.	Antitrust Lawyer of the Year Award Dinner and Program Honoree Kathleen E. Foote, Senior Assistant Attorney General, California Department of Justice

Webinar on Rose and Zhang today (Weds. 8/21) at noon

It's not too late to register for today's webinar on the California Supreme Court's Rose and Zhang decisions.  The webinar, entitled Recent Developments in Unfair Competition Law: A View from the Supreme Court, is presented by the Antitrust and Unfair Competition Law Section of the State Bar of Califronia, and will take place today (Wednesday, August 21, 2013) from noon to 1:00 p.m.  Click here for more information and to register.

It should be a great program.  It will feature Peter Abrahams, defense counsel in Zhang; Henry Rossbacher, plaintiff's counsel in Rose; and Will Stern as the moderator.

State Bar webinar next Wednesday on Rose and Zhang

Next Wednesday, August 21, 2013 at 12:00-1:00 p.m., the Antitrust and Unfair Competition Law Section of the State Bar of California will present a webinar on Rose and Zhang.

It looks like it's going to to be very good, as well as a bargain at $55.  The webinar will feature defense counsel from Zhang, plaintiff's counsel from Rose, and Will Stern as the moderator.  

Recent Developments in Unfair Competition Law:
A View from the Supreme Court

This month the California Supreme Court issued two significant Unfair Competition Law cases, Zhang v. Superior Court and Rose v. Bank of America.  With these two decisions, the California Supreme Court appears to be embracing a more expansive interpretation of UCL. In this informative program, the lawyers who argued the two cases before the California Supreme Court will discuss the impact these decisions will have on future UCL cases.

Speakers:

Peter Abrahams, Horvitz & Levy LLP (defense counsel in Zhang)

Henry Rossbacher, The Rossbacher Firm (plaintiff's counsel in Rose)

William L. Stern, Morrison & Foerster LLP (moderator)

Click here for more information and to register.

For more on the Rose and Zhang opinions, see these blog posts. 

MCLE program this week: Class Action Litigation (Rutter Group)

This week, the Rutter Group will present "Class Action Litigation: New Strategies for California Practitioners."  The program will take place in San Francisco at Hotel Nikko on Wednesday, May 22, 2013 from 6:00-9:15 p.m. (registration begins at 5:30) and in Los Angeles at L.A. Hotel Downtown (formerly the Marriott) on Thursday, May 23, 2013 at the same time.

The program features a particularly good panel of presenters.  The co-moderators are Los Angeles County Superior Court Judge Lee Smalley Edmon and San Francisco Superior Court Judge Richard A. Kramer.  Elizabeth Cabraser will speak at the San Francisco program, while Richard Goetz of O'Melveny & Meyers will be the practitioner-panelist in Los Angeles. 

Upcoming MCLE program on Comcast Corp. v. Behrend

On April 16, 2013 at noon Pacific, the Antitrust and Unfair Competition Law Section and the Labor and Employment Law Section of the State Bar of California will jointly present a webinar called "Comcast v. Behrend – View from the United States Supreme Court." 

The webinar should be very interesting.  It will feature the two attorneys who argued the case in the United States Supreme Court:  Barry Barnett of Susman Godfrey (for Ms. Behrend and the class) and Miguel Estrada of Gibson Dunn (for Comcast).  The moderator will be Christopher Handman of Hogan Lovells.

This is the program description:

Comcast v. Behrend is the latest word from the United States Supreme Court on class certification. Hear the attorneys who argued the case before the Supreme Court discuss the Court’s opinion – and the impact it will have on class action litigation.

Barry Barnett writes a weblog called Blawgletter where he had this post on the Comcast decision.  He says that he and his co-counsel "look forward to satisfying the Court's narrow methodological concerns on remand to the trial court and to trying the case on the merits as soon as practicable."

Upcoming MCLE program features Orange County Superior Court complex panel judges

On Monday, January 14, 2013 at 12:00-1:30 p.m., the Labor and Employment Law Section of the Orange County Bar Association will present a program featuring four of the five judges of the Orange County Superior Court's complex litigation panel:

Orange County Superior Court Complex Panel’s Interactive “Class”

Our panelists will address the procedural and substantive issues the OCSC complex panel sees:

• In class action litigation
• Wage-and-hour class action
• Dialogue based on pre-submitted questions
• No “How would you rule” type questions, please
• Submit your questions to [email protected] or [email protected]

Orange County Complex Panel:

Honorable Gail A. Andler
Honorable Kim G. Dunning
Honorable Steven L. Perk
Honorable Nancy Wieben Stock

Sounds like a great opportunity to learn more about the workings of this court.  The program will take place in Santa Ana at the Civil Complex Center, Department CX101. Click here for more information or to register.

"Shaking the Class Action Settlement Tree: Cy Pres Distributions in the Wake of Dennis v. Kellogg"

The Private Advertising Litigation Committee of the American Bar Association will present a free teleseminar on Wednesday, December 5, 2012 at 9:30 a.m. Pacific (12:30 Eastern) called "Shaking the Class Action Settlement Tree: Cy Pres Distributions in the Wake of Dennis v. Kellogg." 

This is the seminar description:

On September 4, 2012, in Dennis v. Kellogg Co., 2012 WL 3800230 (9th Cir. Sept. 4, 2012), the U.S. Court of Appeals for the Ninth Circuit reissued its July 2012 opinion striking down a consumer class action settlement solely on the basis of a faulty cy pres distribution provision.  Among other things, the court found that the cy pres distribution of Kellogg product to "unspecified charities involved in feeding the indigent" did not bear a sufficient nexus to the claims in the false advertising action to support a class settlement. The panel of experts will discuss the Dennis decision and others, and offer their insights into the future of class settlements containing cy pres provisions.

Moderator:

• Aaron Blynn,Genovese Joblove & Battista P.A.

Panelists:

• Alexis Amezcua, Morrison Foerster
• Don Beshada, Beshada Farnese LLP
• Lee Peeler, Advertising Self-Regulatory Council, Council of Better Business Bureaus

 Click here for more information or to register.

Upcoming appellate MCLE programs of interest

Two MCLE programs of interest to appellate lawyers are coming up in San Francisco this month:

• On November 9, 2012, the Appellate Practice Section of the Bar Association of San Francisco will present "The First District Appellate Symposium," a day-long program (9:00-4:30) at the Administrative Office of the Courts, 455 Golden Gate Avenue:

This unique full-day program is returning after a four-year hiatus. Justices from every Division of the First District Appellate Court of Appeal will address critical areas of practice, from nuts and bolts to recent developments such as the advent of e-filing. This program is a must for anyone practicing before the First District.  The program features Associate Justice Carol Corrigan, California Supreme Court as the luncheon speaker.

• On November 28, 2012, the Impact Fund will present "Writing Effective Amicus Briefs," a lunchtime program (12:00-1:15 p.m.) at the State Bar offices on Howard Street:

In appeals raising important legal issues, an amicus curiae or “friend of the court” brief can make a difference. When done well, an amicus brief can alert a reviewing court to the broader implications of a case or bring a different perspective to the issues. This CLE program will provide a rare opportunity to hear from two respected jurists about effective amicus briefs.

The first event unfortunately conflicts with the CAOC Convention, but I'm planning to attend the second. For those attending the CAOC Convention, I will hope to see you on Saturday afternoon, when I will be presenting a panel segment on Brinker.

22nd Annual Golden State Antitrust and UCL Institute, Thursday, October 25, 2012 in San Francisco

Registration is still open for the 22nd Annal Golden State Antitrust and Unfair Competition Law Institute, which will take place on Thursday, October 25, 2012 at the St. Regis Hotel in San Francisco.  (That is the same day as Game 2 of the World Series, Go Giants!)  I encourage everyone to register and attend.  This event is always excellent, and it was my privilege to assist with organizing it once again this year.

We are expecting to have some very great panels, including two afternoon sessions on UCL issues in particular.  I'm looking forward to those panels very much.  I hope to see some of you there on Thursday.  Click here for more information and to register.

Registration now open for 22nd Annual Golden State Antitrust and UCL Institute, Oct. 25, 2012

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

MCLE program: Consumer Attorneys of San Diego 5th Annual Class Action Symposium

The 5th Annual Class Action Symposium sponsored by Consumer Attorneys of San Diego will take place on September 14 and 15, 2012 at the Rancho Bernardo Inn Hotel and Resort in San Diego. 

The symposium is always excellent and this year it looks like a particularly good group of speakers has been lined up.  The panelists include both plaintiff-side and defense-side attorneys, as well as numerous judges.  Dean Erwin Chemerinsky of U.C. Irvine Law School will give the keynote address.

MCLE program: "Hot Topics in Employment Class Actions"

On August 8, 2012 from noon to 1:45 p.m., the Bar Association of San Francisco will present "Hot Topics in Employment Class Actions," featuring Jeff Grube of Paul Hastings and David Lowe of Rudy, Exelrod, Zieff & Lowe. 

The program will take place in the BASF Conference Center, 301 Battery Street, San Francisco. 

Tomorrow's Brinker program CANCELLED

If you registered for the Alameda County Bar Association panel on Brinker, which was to take place tomorrow (Tuesday, July 24) in Oakland, please note that the event has been cancelled.  I will let everyone know when the program is rescheduled. 

MCLE program on Brinker tomorrow in Oakland CANCELLED

UPDATE: Tomorrow's panel on Brinker has been CANCELLED.

There is still time to register for  Tomorrow's MCLE program on Brinker, sponsored by the Labor and Employment Section of the Alameda County Bar Association, has been CANCELLED.

The program will run from 12:00 to 1:30 p.m. in Oakland.  I will be one of the speakers, and I hope to see some of you there!  Click here for more details and to register.

This is the panel description:

Please join the Labor & Employment section for this MCLE program that will provide a thorough analysis of the Supreme Court’s decision in Brinker v. Superior Court of San Diego County. The discussion will include analysis of the ruling and the scope of an employer’s duty to provide meal and rest breaks. The panelists will also explain how the ruling may impact wage and hour litigation going forward.

Speakers:

• Latika Malkani, Partner, Siegel, LeWitter & Malkani, Oakland
• Rhonda Nelson, Shareholder, Severson & Werson, San Francisco
• Kimberly Kralowec, Principal, The Kralowec Law Group, San Francisco
• Matthew Bainer, Senior Associate, Scott Cole and Associates, Oakland

MCLE program on Brinker next Tuesday in Oakland

On Tuesday, July 24, 2o12 from 12:00-1:30 p.m., the Labor and Employment Section of the Alameda County Bar Association will present a seminar on the Brinker decision.  I will be one of the speakers, along with three experienced and knowledgeable co-panelists.  Click here for more details and to register.

Here is the panel description:

Please join the Labor & Employment section for this MCLE program that will provide a thorough analysis of the Supreme Court’s decision in Brinker v. Superior Court of San Diego County. The discussion will include analysis of the ruling and the scope of an employer’s duty to provide meal and rest breaks. The panelists will also explain how the ruling may impact wage and hour litigation going forward.

Speakers:

• Latika Malkani, Partner, Siegel, LeWitter & Malkani, Oakland
• Rhonda Nelson, Shareholder, Severson & Werson, San Francisco
• Kimberly Kralowec, Principal, The Kralowec Law Group, San Francisco
• Matthew Bainer, Senior Associate, Scott Cole and Associates, Oakland

Free webinar on Dukes, June 21, 2012, 9:00 a.m.

The law firm Arnold & Porter will be presenting a free webinar on Dukes on Thursday, June 21, 2012 at 9:00 a.m. Pacific.  Click here for more information and to register. 

I am assured that the webinar will be balanced even though all the presenters are Arnold & Porter attorneys (including my friend Angel Garganta).  This is the panel description:

Wal-Mart v. Dukes: One Year Later

In June 2011, the Supreme Court decided Wal-Mart v. Dukes,  arguably the most significant class action opinion ever issued by the Court. Wal-Mart imposed uniform, and uniformly rigorous, class certification standards in all federal courts. On the first anniversary of this landmark decision, members of Arnold & Porter LLP's litigation practice group and consumer industry group will provide in-house counsel with practical analyses of the Supreme Court's decision and will examine its impact to date on class actions and class action law.

 Speakers:

• Angel A. Garganta
• James F. Speyer
• Kelly A. Welchans

On a related note, I will have an article forthcoming in the next issue of Competition, the journal of the State Bar's Antitrust and Unfair Competition Law Section, called "Dukes and Common Proof in California Class Actions."   The article covers Dukes, Brinker and Duran, among other decisions.

Free teleseminar on Mazza v. American Honda tomorrow morning (Thursday, May 31) at 10:00 a.m. Pacific

The American Bar Association (Section of Antitrust Law, Public Advertising Litigation Committee) will present a free teleseminar tomorrow morning (Thursday, May 31) at 10:00 a.m. Pacific on Mazza v. Honda.  The program looks very interesting:

A Discussion of the Impact of Mazza v. American Honda Co. on the Future of Nationwide Class Action Litigation Under California's Consumer Protection Laws

On January 12, 2011, the Ninth Circuit Court of Appeals issued an important decision in Mazza v. American Honda Co., Inc., No. 09-55376 (9th Cir. 2012), holding that individualized choice-of-law issues preclude certification of a nationwide class action brought under California's consumer protection laws, and that individualized reliance issues precluded certification of a California-only class of consumers.  This panel will feature California class action experts, representing both plaintiff and defense perspectives, who will discuss the implications of the Mazza decision for future nationwide consumer protection class action litigation.

Moderator:  Ben Whitwell, Partner, Venable LLP
Speakers:      Keri Campbell, Partner, Kelley Drye & Warren LLP
                         Dina Micheletti, Partner, Fazio | Micheletti LLP

It is not too late to register.  Participatory MCLE credits are not being offered, but you may be able to claim self-study credit under the State Bar Rules. 

"The Supreme Court Redirects Class Action Defense"

That is the name of my panel this morning at the ABA Section of Antitrust Law Spring Meeting, which is taking place this week in Washington, D.C.  For those in attendance, and for my readers at home, here is a copy of the handout with cites to some of the more recent cases construing Dukes and Concepcion. 

Our wonderful and very diligent moderator is Amy Ralph Mudge of Venable LLP.  Amy co-authors the blog All About Advertising Law.  My three co-panelists could not be more distinguished:  Miguel A. Estrada of Gibson Dunn & Crutcher LLP, Professor Alan B. Morrison of George Washington University Law School, and Andrew J. Pincus of Mayer Brown LLP. 

One of Andy's many claims to fame is that he argued the Concepcion case before the U.S. Supreme Court.  His client was AT&T Mobility.  Miguel, too, is an experienced U.S. Supreme Court advocate with many arguments under his belt.  Alan co-founded the Public Citizen Litigation Group with Ralph Nader in 1972 before turning to academia.  He is also a U.S. Supreme Court litigator who has handled many arguments. 

This is the description of our panel:

Will the 2011 term decisions represent a sea change in the treatment of class action litigation, or will they be narrowly interpreted by lower courts? At issue -- binding arbitration clauses in consumer contracts (Concepcion), class certification (Dukes), jurisdiction over foreign corporations after Goodyear/Nicastro, and re-litigating dismissed class allegations after Bayer.

I highly recommend the articles that each of my co-panelists submitted (available to Spring Meeting attendees on the flash drive).  These are the titles:

• "The Impacts of McIntyre on Minimum Contacts" by Alan B. Morrison
• "The Supreme Court's Strict Application of Rules Governing Access to the Courts:  Implications of the Court's 2010 Term on the Availability of Judicial Remedies in the Antitrust and Consumer Protection Contexts" by Miguel A. Estrada and Jesenka Mrdjenovic
• "In re American Express: Erroneously Limiting Concepcion to State-Law Claims" by Andrew Pincus
• "The Impact of Wal-Mart and Concepcion on Antitrust and Consumer Protection Class Actions:  A Brief Survey of Recent Developments in the Lower Courts" by Robert J. Katerberg, Adam Linkner and Amy Ralph Mudge
• "Dukes and Common Proof in California" by Kimberly A. Kralowec

MCLE program on Concepcion tomorrow in San Francisco

On Wednesday, March 21, 2012 from 12:00 to 1:30 p.m., the ADR and Antitrust and Business Regulation Sections of the Bar Association of San Francisco will present "AT&T Mobility v. Concepcion: A Year Later."

The panel will feature Donald M. Falk of Mayer Brown LLP, Jonathan E. Gertler of Chavez & Gertler LLP, and moderator John S. Worden of Schiff Hardin, LLP.   Topics to be addressed include:

• How has the decision shaken out so far? - including a review of the Second Circuit’s recent AmEx III decision
  
• What is left to find out on the California and federal levels?
• What is the next shoe to drop?
• What is the plaintiffs bar doing to adjust/adapt?
• Is there any chance of legislative or executive intervention?
• How does the defense bar view the future?

Click here for more information and to register. 

Rutter Group 17200 program tonight in San Francisco, Thursday in Los Angeles

It's not too late to register and attend the Rutter Group's annual 17200 program, at which I am speaking tonight along with Will Stern and Justice Victoria Chaney of the Second District Court of Appeal.  This year, the program is called "Kwikset and Beyond: Advanced Topics in §17200 Practice."  It promises to be a great program. 

We will be presenting live tonight at the Hotel Nikko, 222 Mason Street, in San Francisco. Registration will open at 5:30 p.m. and the program will run from 6:00-9:15 p.m.  I hope to see some of you there.

On Thursday night, we will present the program live in Los Angeles at the Marriott Downtown, 333 S. Figueroa Street.  Video replays will be presented in Sherman Oaks on March 21, San Diego on March 22, and Costa Mesa on March 27.  (Details available at this link.)  The cost is $160 for three hours of MCLE credit (including 0.5 hours of ethics). 

Please sign up to attend!

CAOC Sixth Annual Class Action Seminar

The Sixth Annual Class Action Seminar sponsored by CAOC College of Trial Arts and SFTLA will take place from noon to 6:00 p.m. on Tuesday, February 28, 2012 at the Parc 55 Hotel in San Francisco.  This seminar is always very good and I'm planning to attend myself.  I'm looking forward in particular to the last panel of the day, which will feature perspectives from the bench.  Hope to see some of you there. 

MCLE program: "Kwikset and Beyond: Advanced Topics in §17200 Practice"

In March, I will have the pleasure of joining Will Stern and Justice Victoria Chaney of the Second District Court of Appeal as a panelist for the Rutter Group's annual 17200 program. This year, the program is called "Kwikset and Beyond: Advanced Topics in §17200 Practice."

We will be presenting live in San Francisco at the Hotel Nikko on March 6 and in Los Angeles at the Marriott Downtown on March 8.  Video replays will be presented in Sherman Oaks on March 21, San Diego on March 22, and Costa Mesa on March 27.  Registration will open at 5:30 p.m. on each of these dates, and the program will run from 6:00-9:15 p.m.  The cost is $160 for three hours of MCLE credit (including 0.5 hours of ethics). 

I hope you will sign up to attend.  It should be a very interesting program.  More information is available at this link. 

MCLE program: AT&T Mobility v. Concepcion and its Aftermath

On Thursday, December 1, 2011, the Arbitration Committe of the ADR Section of the Bar Association of San Francisco will present AT&T Mobility v. Concepcion and its Aftermath.  It sounds like an excellent program: 

Speakers
Donald M. Falk
Mayer Brown LLP
Represented AT&T in the case

Jonathan E. Gertler
Chavez & Gertler
President, San Francisco Trial Lawyers Association

Moderator
John S Worden
Schiff Hardin, LLP
Chair, Arbitration Committee

Topics
On April 27, 2011, the United States Supreme Court ruled (5–4) that the Federal Arbitration Act preempts state laws that prohibit contracts from disallowing class action lawsuits. By permitting contracts that exclude class action arbitration, the high court’s decision will make it much harder for consumers to file class action lawsuits. The lawyers who handled the case and oppose its result will discuss and debate the following:

• How has the decision shaken out so far?
• What is left to find out on the California and federal levels?
• What is the next shoe to drop?
• What is the plaintiffs bar doing to adjust/adapt?
• Is there any chance of legislative or executive intervention?
• How does the defense bar view the future?

Location

BASF Conference Center
301 Battery Street
3rd Floor
San Francisco, CA 94111

Schedule

MCLE Registration: 11:30 a.m. - 12:00 p.m.
Program: 12:00 - 1:30 p.m.