The UCL Practitioner

MCLE reminder: Complex Courts Symposium tomorrow afternoon in San Francisco

Don't forget to register for the Complex Courts Symposium 2011, which will take place tomorrow at 3:30-6:30 p.m., followed by a reception with the (many) participating judges. Registration opens at 3:00 at the auditorium of the Administrative Office of the Courts, 445 Golden Gate Avenue, San Francisco.

This event is sponsored by the Litigation Section of the Bar Association of San Francisco and the Association of Business Trial Lawyers.  It sounds like it will be an extremely interesting program.  It's not every day that practitioners have an opportunity to hear practical advice and wisdom from a dozen judges presiding over complex litigation departments in counties across the state.

Click here for more information and to preregister. 

Golden State Antitrust and UCL Institute - thanks for coming!

Thanks to everyone who attended the State Bar's Antitrust and Unfair Competition Law Institute last Thursday.  All the panels that I attended were really great. I missed the first breakout panel on the intersection between UCL and high tech, but I heard it was a particularly interesting program, and of course the latest developments panel with Will Stern, Pam Parker, Susan Kupfer, and Judge Kramer was a top-notch panel essential for lawyers handling UCL cases. 

If you were not able to attend, the State Bar has made the recording available for purchase through Versa-Tape.  If you click here, then choose "Antitrust Law" in the pulldown menu and hit "go," the program is listed at the bottom of the page.  The cost is $190 for the whole day, including both sets of breakout panels as well as the keynote luncheon address by Deputy Assistant Attorney General Joe Wayland of the Department of Justice (8.5 hours of MCLE credits). 

Golden State Antitrust and Unfair Competition Law Institute this Thursday, October 27 in San Francisco

Please register for the State Bar's 21st Annual Golden State Antitrust and Unfair Competition Law Institute, which will take place this Thursday, October 27, 2011 at the Westin St. Francis Hotel in San Francisco.  I will be attending myself, and I hope to see many of you there.  Here is the link to register.

This year's Institute will feature several panels of particular interest to attorneys handling UCL cases in state and federal court.  I am particularly looking forward to our special plenary panel on the impact of the U.S. Supreme Court's class-action-related decisions last Term, including Dukes, Concepcion, and Smith v. Bayer.  Judge Susan Illston, Elizabeth Cabraser, and our other distinguished panelists will focus on these decisions' impact on UCL and antitrust cases in particular. 

We will also have two great breakout panels on the UCL.  The first will focus on the UCL's operation in the world of the internet and high-tech, featuring Colin Stretch (in-house counsel at Facebook), Professor Eric Goldman (director of the high-tech institute at Santa Clara University School of Law), Jill Manning of Steyer Lowenthal, and Ashlie Beringer of Gibson Dunn & Crutcher as moderator.  The second panel will track the latest UCL developments, with Judge Richard A. Kramer, Will Stern (author of the Rutter Group 17200 practice guide), Pam Parker (plaintiffs' counsel in Kwikset) and Susan Kupfer of Glancy Binkow as moderator. 

Here is the complete program schedule:

REGISTRATION AND CONTINENTAL BREAKFAST, 8:00 a.m. - 9:00 a.m.

WELCOME REMARKS, 9:00 a.m. – 9:15 a.m.

• Kimberly A. Kralowec – Section Vice Chair, The Kralowec Law Group
• Daveed A. Schwartz – Section Vice Chair, Locke Lord Bissell & Liddell LLP

PLENARY SESSION #1, 9:15 a.m. – 10:45 a.m.

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.

• Professor Thomas A. Papageorge, University of San Diego School of Law, Special Prosecutor, San Diego County District Attorney’s Office
• Thomas Greene, Executive Director, Financial Crisis Inquiry Commission
• Professor Jesse W. Markham, University of San Francisco School of Law

PLENARY SESSION #2, 11:00 a.m. – 12:30 p.m.

Landmark Class Action Decisions of 2011—Their Impact in Antitrust and UCL Litigation

The panel will break down and analyze the U.S. Supreme Court’s milestone class action decisions of 2011—AT&T Mobility LLC v. Concepcion, Smith v. Bayer Corp., and Wal-Mart Stores, Inc. v. Dukes—with a special focus on their impact on antitrust and  UCL litigation in California and across the nation.  The panel will consider the reasons for the Supreme Court’s heightened interest in class action cases, the continued vitality of notable past Supreme Court decisions such as Eisen v. Carlisle & Jacquelin, and where these new opinions will lead us.

• Albert J. Boro, Jr., Moderator, General Counsel, SoloPower, Inc.
• Hon. Susan Illston, Judge, United States District Court, Northern District of California
• Aton Arbisser, Kaye Scholer LLP
• Elizabeth J. Cabraser, Lieff Cabraser Heimann & Bernstein, LLP
• Tracy R. Kirkham, Cooper & Kirkham, P.C.
• Donn P. Pickett, Bingham McCutchen LLP

 GOLDEN STATE INSTUTE LUNCHEON, 12:30 p.m. – 2:00 p.m.

Luncheon Speaker:  We are honored to have Joseph F. Wayland, Deputy Assistant Attorney General for Civil Enforcement, Antitrust Division, U.S. Department of Justice, speak to us about recent civil enforcement activity. 

CONCURRENT PANELS (CHOOSE ONE)

ANTITRUST BREAKOUT #1, 2:15 p.m. – 3:45 p.m.

The Law of Pricing, Including Resale Price Maintenance in California After Leegin

Participants in twenty-first-century commerce face many price-related issues, including bundling, below cost pricing, price discrimination, and resale price maintenance.  This panel will use practical examples and hypotheticals to explain legal principles and address some of the more challenging nuances faced by practitioners. 

• Elaine F. Foreman, Moderator, Senior Director of Legal Services, Cisco Systems, Inc.
• Jonathan M. Eisenberg, Deputy Attorney General, California Department of Justice
• Penelope A. Preovolos, Morrison & Foerster LLP
• Dr. Lawrence Wu, Senior Vice President, NERA Economic Consulting
• Judith A. Zahid, Zelle Hofmann Voelbel & Mason LLP

 UCL BREAKOUT #1, 2:15 p.m. – 3:45 p.m.

The UCL, FAL, and CLRA "Go Viral":  Facebook, Google, Apple, Yahoo!, Zynga, and Other High-Tech Cases

California is the undisputed epicenter of a critical mass of social networking sites, search engine companies, and other high-tech corporations, many of whom have been or may become the target of Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act class actions in federal and state courts.  This panel will discuss key issues, strategic considerations, and cutting-edge trends in the context of such litigation. 

• Ashlie Beringer, Moderator, Gibson, Dunn & Crutcher LLP
• Colin Stretch, Deputy General Counsel, Facebook, Inc.
• Eric Goldman, Associate Professor and Director of the High Tech Law Institute, Santa Clara University School of Law 
• Jill Manning, Steyer Lowenthal Boodrookas Alvarez & Smith LLP

CONCURRENT PANELS (CHOOSE ONE)

ANTITRUST BREAKOUT #2, 4:00 p.m. – 5:15 p.m.

Trial Complexities in Antitrust Cases following Clayworth:  Competing Views of Different Plaintiffs’ Groups and Defendants

This panel will discuss strategic and procedural complexities and opportunities when antitrust claims brought by a class of direct purchasers, by a class of indirect purchasers, direct action plaintiffs (i.e., opt outs) and/or by State Attorneys General are on the brink of trial and the parties and the court are wrestling with how to structure the trial or series of trials.

• Michael F. Tubach, Moderator, O’Melveny & Myers LLP
• Martha Boersch, Jones Day
• Craig C. Corbitt, Zelle Hofmann Voelbel & Mason LLP
• Steven N. Williams, Cotchett, Pitre & McCarthy, LLP

UCL BREAKOUT #2, 4:00 p.m. – 5:15 p.m.

“Labels Matter”: Emerging Trends in UCL, FAL, and CLRA False Advertising Litigation

This panel will focus on the impact of recent California Supreme Court and appellate court decisions – including Kwikset, In re Tobacco II, Daugherty v. American Honda Co., Pfizer Inc. v. Superior Court -- on false and misleading advertising class action litigation brought under the Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act.  

• Susan G. Kupfer, Moderator, Glancy Binkow & Goldberg LLP
• Hon. Richard A. Kramer, Judge, Complex Litigation Department, San Francisco Superior Court
• Pamela M. Parker, Robbins Geller Rudman & Dowd LLP
• William L. Stern, Morrison & Foerster LLP

HOSTED COCKTAIL RECEPTION, 5:30-7:00 p.m.

ANTITRUST LAWYER OF THE YEAR AWARD DINNER AND PROGRAM, 7:00-9:30 p.m.

Upcoming MCLE program: Complex Courts Symposium

The Litigation Section of the Bar Association of San Francisco and the Association of Business Trial Lawyers are putting on a great event on November 15, 2011 in San Francisco.  The program, Complex Courts Symposium 2011, will feature no fewer than 13 complex litigation department judges from Alameda, Contra Costa, Los Angeles, Orange, San Francisco, San Mateo, and Santa Clara Counties. 

Here is the complete program schedule:

Agenda

3:00 p.m. - 3:30 p.m. Registration

3:30 - 3:45 p.m.
OPENING SESSION

A report on the state of the complex courts
Honorable Steven A. Brick, Alameda County Superior Court

3:45 - 5:00 p.m.
FIRST GROUP SESSIONS • Please choose one

Track One: Innovations in the Complex Courts
•  Alternative approaches to litigating complex cases in 2011 and beyond
•  Administrative and facilities support for complex cases: an update
•  Bifurcation and mini trials

Lawyer Moderators:
Ben Riley • Bartko, Zankel, Tarrant & Miller
Ragesh Tangri • Durie Tangri

Complex Judge Panelists:
Judge Gail Andler • Orange County
Judge Steven A. Brick • Alameda County
Judge Carl West • Los Angeles County

OR

Track Two: Discovery in the Complex Courts
•  How e-discovery is different in complex courts
•  The value of judicially managed discovery
•  International discovery
•  Phasing deposition discovery
•  Social media sources of information

Lawyer Moderators:
Danny Chou • Office of the San Francisco City Attorney
Raymond C. Marshall • Bingham McCutchen, LLP

Complex Judge Panelists:
Judge Barry P. Goode • Contra Costa County
Judge William F. Highberger • Los Angeles County
Judge Richard Kramer • San Francisco County
Judge Marie Weiner • San Mateo County

5:00 - 5:15 p.m. Break

5:15-6:30 p.m.
SECOND GROUP SESSIONS • Please choose one

Track One: Resolving Cases in the Complex Courts
•  When are complex cases ripe for mediation
•  Why settlment of class actions is different
•  Tools complex judges use to further potential settelment
•  Relationship between ADR providers and the court

Lawyer Moderators:
Khaldoun Baghdadi • Walkup, Melodia, Kelly & Schoenberger
Patricia Gillette • Orrick Herrington & Sutcliffe, LLP

Complex Judge Panelists:
Judge Ronald L. Bauer • Orange County
Judge James P. Kleinberg • Santa Clara County
Judge Nancy Wieben Stock • Orange County

OR

Track Two: Multi-Jurisdiction Complex Cases
•  Why be in the complex state courts
•  Class actions and CAFA
•  Intersection of Delaware Chancery derivative suits and California complex cases
•  How bankruptcies affect complex cases
•  JCCP and the complex departments
•  Coordination with MDL and other state cases

Lawyer Moderators:
Kelly Dermody • Lieff Cabraser Heimann & Bernstein, LLP
Peter Larson • Jones Day

Complex Judge Panelists:
Judge Emilie Elias • Los Angeles County
Judge Robert Freedman • Alameda County
Judge Anthony Mohr • Los Angeles County

6:30 p.m. - Cocktail Reception

Location

Administrative Office of the Courts
455 Golden Gate Avenue
Auditorium
San Francisco, CA

San Francisco networking reception cancelled

If you were planning to attend the ABA Section of Antitrust Law, Private Advertising Law Committee reception in San Francisco on Wednesday, please note that the San Francisco event has unfortunately been cancelled.  The Los Angeles reception is still going forward. 

Networking receptions for consumer protection lawyers next week in San Francisco and Los Angeles

Next Wednesday, October 19, 2011, the ABA Section of Antitrust Law will be hosting simultaneous networking receptions for consumer protection lawyers, including government lawyers, in San Francisco and Los Angeles.  All are welcome!  More information is available on the flyer:

Complimentary San Francisco and Los Angeles Networking Receptions for Consumer Protection Law Practitioners and Regulators

It’s Not Just CLE You Need; You Need CLC

Continuing Lawyer Contact with other advertising law practitioners, regulators, and those with related interests. Come and be an active part of the vibrant and growing ABA Antitrust Section Advertising Law Community! Join your peers at gatherings in support of the Private Advertising Litigation, Consumer Protection, and Privacy & Information Security Committees. Hear about our plans for the year and how you can take part. This is the third of our informal networking events and the first on the West Coast. We are expecting a good turnout from our California friends, private and enforcement bar alike, and hope that you will join us!

The San Francisco reception will take place at Shook Hardy & Bacon and the Los Angeles event at Arnold & Porter.  (See the flyer for the addresses.)  I'm planning to attend in San Francisco and will hope to see you there.  I've been asked to encourage plaintiffs' lawyers in particular to attend.   It's not necessary to be an ABA member, but you do need to RSVP.  

UPDATE 10/17/11:  The San Francisco reception has been cancelled.  The Los Angeles reception will still go forward on Wednesday evening. 

Two-day consumer privacy law conference this week in Berkeley

Boalt is sponsoring what sounds like an extremely interesting conference this week: "Effective Consumer Privacy Enforcement."  The two-day conference will take place on Thursday and Friday, October 13-14, 2011, at the Bancroft Hotel in Berkeley.

This was originally an invitation-only conference, but registration has now been opened up to all plaintiffs' attorneys.  Click here to access the registration form. The complete agenda is here.  The cost is $250 and MCLE credits will be provided. 

I wish I could attend this, because it sounds really good, but unfortunately I've got multiple scheduling conflicts. 

Second Annual Alameda County Employment Law Symposium this Friday, September 30, 2011

The Second Annual Alameda County Employment Law Symposium is scheduled for this Friday afternoon, September 30, 2011, at the Lake Chalet Seafood Bar & Grill in Oakland.  The first panel, starting at noon and featuring Judges Freedman and Brick and their research attorneys, will be of interest to attorneys handling all kinds of class actions in Alameda County Superior Court (not just employment cases). I believe you can sign up for each panel separately or you can register for the entire afternoon. 

Here are the panel descriptions from the Bar Association's website:

Friday, September 30, 2011
11:30 - 12:00 P.M.
Registration (buffet lunch provided)

12:00 - 1:30 P.M.
Complex Litigation in Alameda County: How to Be Most Successful and Effective in Departments 17 and 20
Panel: Judge Steven Brick (Dept. 17), Judge Robert Freedman (Dept. 20), Jenna Whitman (Research Attorney, Dept. 17), and Walter Stemmler (Research Attorney, Dept. 20);  Moderator: Hunter Pyle (Sundeen Salinas & Pyle)
1.5 hours of general MCLE credit will be provided

Who should attend: Attorneys who have filed, or are considering filing class actions in Alameda County.

1:40 - 3:10 P.M.
2011 Employment Law/Wage and Hour Case Update
Panel: Michael Loeb (JAMS), Hunter Pyle (Sundeen Salinas & Pyle), and Mark Delgado (Fitzgerald Abbott & Beardsley)
1.5 hours of general MCLE credit will be provided.

Who should attend: Attorneys interested in recent developments in employment and wage & hour law.

3:20 - 4:20 P.M.
Mediation of Employment Cases
Panel: Jeff Ross (Employment Mediation), James Diamond (Goldfarb & Lipman), and Scott Cole (Scott Cole & Associates);  Moderator: Matthew Bainer (Scott Cole & Associates)
1 hour of general MCLE credit will be provided

Who should attend: Trial attorneys interested in learning when and how to mediate their cases.

4:30 - 5:30 P.M.
Subconscious Bias in Discrimination Cases
Panel: Jocelyn Larkin (Impact Fund);  Patrice Truman (Truman & Associates); Charlotte Fishman (Pick Up the Pace). Moderator: Jocelyn Burton (Burton Employment Law)
1 hour of general MCLE credit will be provided.

Who should attend: Employment Discrimination Attorneys.

5:30 - 7:00 P.M.
Reception
No-host bar and hors d'oeuvres will be provided.

CASD 4th Annual Class Action Symposium, October 14-15, 2011

Consumer Attorneys of San Diego will be holding its 4th Annual Class Action Symposium on Friday and Saturday, October 14 and 15, 2011, at the Hilton San Diego Bayfront.  The Symposium is always excellent,  in part because the organizers make a special effort to include both plaintiff- and defense-side speakers.  I encourage everyone to attend.  More information is available at this link.

Registration now open for the Golden State Antitrust and Unfair Competition Law Institute

Registration is now open for the 21st Annual Golden State Antitrust and Unfair Competition Law Institute, sponsored by the State Bar of California, Antitrust and Unfair Competition Law Section.  The all-day Institute (followed by the Antitrust Lawyer of the Year Award Dinner) will take place on Thursday, October 27, 2011 at the Westin St. Francis Hotel in San Francisco.

I am a Vice Chair of the Section and am responsible for organizing this year's Institute.  We've put together a great lineup of panels and panelists, if I do say so myself.  I encourage everyone to register and attend, and also to join the Section if you are not already a member.

Click here to view the complete program schedule.  Click here for the printable brochure in .pdf format.  Click here for the registration page. 

MCLE teleseminar next week on Twombly pleading standards

Next Wednesday, September 7, 2011 at 9:00 a.m. Pacific, the American Bar Association Section of Antitrust Law will present "OMG!  Has Twombly Been Overturned? The 7th Circuit's Text Messaging Case." 

The teleseminar is free, although no participatory MCLE credit is provided.  California attorneys may be able to claim self-study credit under State Bar Rule 2.83(A). 

MCLE program: "Wage & Hour Class Actions After AT&T Mobility v. Concepcion"

On Wednesday, August 17, 2011, the Labor and Employment Law Section of the State Bar of California will present a full-day seminar entitled "Wage & Hour Class Actions After AT&T Mobility v. Concepcion."  The seminar will take place at the JW Marriot Los Angeles, 900 West Olympic Blvd.

This looks like an excellent program.  One of the afternoon panels will feature Judge Emilie Elias, Judge Anthony Mohr and Judge Carl West of the Los Angeles County Superior Court and Judge David Velasquez of the Orange County Superior Court.  

ABA Section of Antitrust Law free teleseminar on Wal-Mart Stores, Inc. v. Dukes

On Thursday Friday, July 22, 2011 at 10:00 a.m. Pacific, the American Bar Association, Section of Antitrust Law, Private Advertising Litigation and Civil Practice & Procedure Committees, will present a one-hour teleseminar entitled "Class Certification in Consumer Fraud Class Actions After Wal-Mart v. Dukes."

Click here to register.  Registration is free, but no MCLE credit is provided. (I imagine the program would qualify for self-study credit under California State Bar Rule 2.83(A).) 

Save the date of October 27, 2011 for the 21st Annual Golden State Antitrust and Unfair Competition Law Institute, presented by the State Bar of California, Antitrust and Unfair Competition Law Section.  I am a Vice Chair of the Section and am responsible for co-organizing the event again this year.  We will have a special plenary panel on the impact of the U.S. Supreme Court's class-action-related decisions this Term, including Wal-Mart, Concepcion, and Smith v. Bayer, on antitrust and UCL class actions.  If the Third Circuit hands down the Sullivan decision by the time of the Institute, that case will be covered as well.  More details will be posted on the Section's website soon. 

Upcoming MCLE program on Wal-Mart v. Dukes and AT&T Mobility v. Concepcion

On July 19, 2011 at 5:30-7:30 p.m., the Los Angeles County Bar Association will present "Is There Consumer Class Action Life After Concepcion? The View of the Bench and Bar About the Impact of AT&T Mobility, LLC v. Concepcion and Wal-Mart Stores, Inc. v. Dukes."  Los Angeles County Superior Court Judge William F. Highberger and Judge Anthony J. Mohr will be among the speakers. 

Upcoming CLE programs of interest

Here are a few interesting CLE programs:

• Wednesday, June 8, 2011, 9:00 a.m. - 11:00 a.m.:  Recorder Roundtable, "In Practice: Class Action Arbitration" (focusing on the impact of Concepcion v. AT&T Mobility in California) (featuring moderator Erik Cummins and speakers Donald M. Falk of Mayer Brown, Thomas R. Kaufman of Sheppard Mullin, Cliff Palefsky of McGuinn Hillsman & Palefsky, and Jonathan E. Gertler of Chavez & Gertler)


• Thursday, June 9, 2011, 12:00 p.m. - 1:30 p.m.: Bar Association of San Francisco, Disability Rights Committee of the Equality Committee, "Anatomy of a Systemic Class Action Impact Lawsuit" (the program will cover class certification issues in Unruh Civil Rights Act class actions, such as National Federation of the Blind v. Target) (featuring Larry Paradis and Rebecca Williford of Disability Rights Advocates)


• Friday, June 17, 2011, 12:00 p.m. - 1:30 p.m.: Alameda County Bar Association, Labor and Employment Section, "PAGA for the Masses: How to Litigate under California's Private Attorney General Act PAGA claims in the wake of AT&T v. Concepcion" (featuring Cynthia Rice, Director of Litigation, Advocacy and Training at California Rural Legal Assistance)


• Tuesday, June 21, 2011, 9:30 a.m. - 10:30 a.m. (teleconference):  American Bar Association Section of Antitrust Law, Private Advertising Litigation Committee, "In the Wake of AT&T Mobility v. Concepcion: Perspectives on the Future of Class Litigation" (featuring moderator Daniel Blynn of Kelley Drye & Warren and speakers Arthur Bryant of Public Justice, Dean Harvey of Lieff Cabraser Heimann & Bernstein, and Archis Parasharami of Mayer Brown)

Also, save the date of October 27, 2011 for the 21st annual Golden State Antitrust and Unfair Competition Law Institute, sponsored by the State Bar of California, Antitrust and Unfair Competition Law Section.  I'm co-organizing the event again this year. 

ABA program on California consumer protection laws starts in 35 minutes and it's not too late to register

You can still register for the ABA teleseminar on California consumer protection laws, which starts at 10:00 a.m. this morning.  The program will run one hour; registration is free; MCLE credits are not provided.  Once you register, you will receive an email with the dial-in information. 

As a preview, here is our powerpoint for the program. 

REMINDER: Teleseminar on California consumer protection laws tomorrow

Don't forget to register for State Consumer Protection Laws: Enforcement and Litigation Trends in California, sponsored by the American Bar Association, Section of Antitrust Law, Private Advertising Litigation and Consumer Protection Committees. 

The teleconference will take place tomorrow, May 11, 2011, at 10:00 a.m. Pacific.  It is free to register. 

I will be one of the speakers, along with Dale J. Giali of Mayer Brown LLP, Deputy Attorney General Sheldon H. Jaffe of the California Department of Justice, and our moderator, Keri E. Campbell of Kelley Drye/White O’Connor.  Here is the description of the program from the flyer:

An expert panel with diverse perspectives will review California’s major consumer protection laws, including the Unfair Competition Law, the False Advertising Law and the Consumers Legal Remedies Act. The panel will discuss these laws’ uses in recent private civil and public enforcement actions. This will be the first in a state-by-state series looking at the particularities of each state’s consumer protection statues and common law and discussing what makes the state an attractive or unattractive venue for consumer fraud class action challenges and/or competitor challenges, as well as hearing from the regulators on the current consumer protection enforcement priorities.

Click here to register.

Upcoming MCLE teleseminar on California consumer protection laws

On Wednesday, May 11, 2011 at 10:00 a.m. Pacific, I will be a participant in the first of a new series of bi-monthly teleseminars sponsored by the American Bar Association, Section of Antitrust Law, Private Advertising Litigation and Consumer Protection Committees. 

The teleseminars will cover the consumer protection laws of the various states, starting with California.  The first one is called State Consumer Protection Laws: Enforcement and Litigation Trends in California: 

An expert panel with diverse perspectives will review California’s major consumer protection laws, including the Unfair Competition Law, the False Advertising Law and the Consumers Legal Remedies Act. The panel will discuss these laws’ uses in recent private civil and public enforcement actions. This will be the first in a state-by-state series looking at the particularities of each state’s consumer protection statues and common law and discussing what makes the state an attractive or unattractive venue for consumer fraud class action challenges and/or competitor challenges, as well as hearing from the regulators on the current consumer protection enforcement priorities.

Moderator:

Keri E. Campbell, Kelley Drye/White O’Connor

Presenters:

Dale J. Giali, Mayer Brown LLP

Kimberly A. Kralowec, The Kralowec Law Group and author of http://www.uclpractitioner.com/

Sheldon H. Jaffe, Deputy Attorney General, California Department of Justice

Click here to register.  Registration is free!

"California’s Unfair Competition Law and the No-Injury Class Action"

That is the title of my panel at the ABA Section of Antitrust Law's 59th Annual Spring Meeting, which will take place on March 30-April 1, 2011 at the JW Mariott in Washington, D.C. 

Here's the detailed panel description:

California’s Unfair Competition Law may make it easier for plaintiffs to maintain false advertising and other consumer class actions without demonstrating reliance or injury to absent class members. What are the implications of Tobacco II and its progeny, as well other recent trends regarding class certification and available monetary relief?

Session Chair and Moderator:

• William F. Tarantino, Morrison & Foerster LLP, San Francisco, CA

Speakers:

• Angel Garganta, Arnold & Porter LLP, San Francisco, CA
• Kimberly Kralowec, The Kralowec Law Group, San Francisco, CA
• The Honorable Richard Kramer, Judge, San Francisco Superior Court Complex Litigation Department, San Francisco, CA

If our planning calls are any indication, this is going to be a very lively panel indeed.  Of course we'll also be talking about Kwikset.  I hope to see some of you, especially East Coast friends, at the Spring Meeting in a few weeks.  

ABA teleseminar on Kwikset coming up on Tuesday

The American Bar Association, Section of Antitrust Law, Private Advertising Litigation Committee is putting on a free teleseminar on the Kwikset decision this Tuesday, February 15, 2011 at noon Pacific.  Click here to register.

The moderator of the panel will be Dale Giali of Howrey LLP.  The panelists are Jeff LeVee of Jones Day, Lisa Perrochet of Horvitz & Levy, and Jamie Speyer of Arnold & Porter.  This is the panel description:

California's Kwikset Decision and Its Effect on Standing and Monetary Recovery under California Unfair Competition Laws
In a state known for its consumer fraud class action cases, all of those who do business or litigate in California have been waiting for the state Supreme Court's Kwikset decision. The opinion decided an important question of standing in unfair competition cases. This timely panel will explore the consequences of the decision in terms of case strategies for plaintiffs and defendants, and will also debate the implications of the decision's discussion of the monetary relief available under the unfair competition laws.

Despite the lack of any plaintiff-side panelists, I am assured that the presentation is intended to be balanced. 

Pre-registration deadline today for upcoming CAOC Class Action Seminar

Today is the last day to pre-register and get the reduced rate for CAOC's Fifth Annual Class Action Seminar, which will take place next Wednesday, January 26 from noon to 6:00 p.m. at the Sir Francis Drake Hotel in San Francisco. 

I would encourage all plaintiff-side attorneys to register today if you have not already done so.  I have been asked to assist in moderating the event, so I'll look forward to seeing you all there next week. 

Two MCLE programs on class action practice in January

Two MCLE programs of interest are coming up in January:

• Wednesday, January 26, 2011:  CAOC College of Trial Arts, SFTLA, and the Bar Association of San Francisco are jointly sponsoring their 5th Annual Class Action Seminar on Wednesday, January 26, 2011 from noon to 6:00 p.m. at the Sir Francis Drake Hotel in San Francisco.  This program is always excellent.


• Friday, January 28, 2011:  The Antitrust & Business Regluation Section of the Bar Association of San Francisco will present "Antitrust Class Actions after Sullivan v. DB Investments?" on Friday, January 28, 2011 at 12:00-1:30 at the BASF Conference Center, 301 Battery Street, 3rd Floor, San Francisco.  Sullivan is the settlement approval case currently scheduled for en banc rehearing on February 23, 2010.  According to the flyer, this program will also address In re Hydrogen Peroxide and Dukes v. Walmart Stores.  Sounds interesting.

Upcoming appellate-related MCLE programs in San Francisco

The Appellate Practice Section of the Bar Association of San Francisco is sponsoring or co-sponsoring three events in November and December.  The following is from the Section's announcement email:  

On November 17th from 12-1:30, the Section will co-sponsor (along with the Labor &Employment Section) “How Reid v. Google Will Affect You.”  The program will feature former section Chair Don Willenburg of Gordon & Rees LLP speaking about the evidentiary and appellate review aspects of this recent, major California Supreme Court case and Marvin Dunson III of Valdez Dunson & Doyle LLP speaking about the case’s employment aspects.   For registration, click here. 
 
On December 6th, from 12:00-1:15, the Section will sponsor “Effective Oral Argument on Appeal,” which will offer great tips and address some recent debate about the utility of oral argument.  The program will feature former section member Justice Kathleen Banke, Associate Justice of the First District Court of Appeal, Division One; former section Chair Raymond Cardozo of Reed Smith LLP; current Vice Chair Ethan Schulman of Crowell & Moring LLP; and myself as speakers.  For registration, click here.
 
On December 9th, from 12:00-1:45, the Section will sponsor “The George Court:  A Thematic Retrospective.”  We are honored to have as speakers for this timely program Professor Gerald Uelmen from Santa Clara University School of Law; Honorable Joseph Grodin, former Justice of the California Supreme Court  and Distinguished Emeritus Professor of Law from UC Hastings College of the Law; and Professor Shaun Martin of USD School of Law and host of the lawblog California Appellate Report.  The program should be very interesting and will highlight some of the identifiable themes and trends of the Supreme Court under Chief Justice George and address some specific topics.  For registration, click here.

Appellate specialization credit will be offered for all three programs and you can sign up for them on line at www.sfbar.org/calendars.

Reminder: Alameda County Bar Association Employment Law Symposium today in Oakland

A reminder that the Alameda County Bar Association's Employment Law Symposium starts today at 1:00 p.m. (registration and optional lunch at noon) at the Lake Chalet in Oakland, and it's not too late to sign up.  The fourth panel, running from 5:15-7:00 p.m., is called "Complex Litigation in Alameda County: How to Be Most Successful and Effective in Departments 17 and 20."  This panel will feature Judges Freedman and Brick and their current and former research attorneys, Mr. Stemmler, Ms. Whitman, and Mr. Obbard.  You may separately register for each individual panel.  A reception follows from 7:05-8:00 p.m.

It's too bad this event conflicts with Game 2 of the World Series.  Go Giants!  Last Saturday night after we won the NLCS the cheering and honking could be heard through the city literally for hours.  It reminded me of election night two years ago.  Go Giants!  

State Bar's Antitrust and UCL Institute: Thanks for coming!

Thanks to everyone who attended the State Bar's 20th Annual Golden State Antitrust and Unfair Competition Law Institute yesterday.  As one of the co-organizers of the event, I could not have been more pleased with the two UCL panels.  My colleague Craig Corbitt did a wonderful job putting together the antitrust panels as well.  A special thanks to Los Angeles County Superior Court Judge Zaven V. Sinanian for coming up from down south to join us, and of course to Mitch Wood and Ana Castillo at the State Bar for all their hard work.  The bar has certainly been set high for next year.

Please attend the State Bar's 20th Annual Golden State Antitrust and Unfair Competition Law Institute this Thursday

It's not too late to register for the State Bar's 20th Annual Golden State Antitrust and Unfair Competition Law Institute, which will take place this Thursday, October 21, 2010 at the Westin St. Francis Hotel in San Francisco.

The panels are going to be great.  In the afternoon, there will be two advanced UCL panels, one focusing on standing and class certification and the other on remedies and defenses.  I've seen the program materials, and they are superb.  The panelists are all top practitioners in this field:

UCL Breakout #1: Advanced Principles: UCL Standing and Class Certification. This panel will address standing and class certification under the UCL’s three prongs, with particular focus on the differences (if any) between UCL class action practice in state and federal courts.

• Daveed A. Schwartz, Moderator, Bullivant Houser Bailey PC
• David W. Kesselman, Blecher & Collins
• Monique Olivier, Duckworth Peters Lebowitz Olivier LLP
• Roxane A. Polidora, Pillsbury Winthrop Shaw Pittman LLP

UCL Breakout #2: Advanced Principles: UCL Remedies and Defenses.  This panel will discuss the UCL’s restitution and injunctive relief remedies, the interplay between the two, including the impact of Clayworth v. Pfizer, and the continued development of defenses in UCL actions.

• H. Scott Leviant, Moderator, Spiro Moss LLP
• Dina E. Micheletti, Fazio | Micheletti LLP
• Heather A. Moser, Morrison & Foerster LLP
• Paul J. Riehle, Sedgwick, Detert, Moran & Arnold LLP
• Honorable Zaven V. Sinanian, Los Angeles County Superior Court

The State Bar's annual program is always excellent, and I encourage everyone to register and attend.  See the program brochure for more details, or click here to register.

BASF Oct. 23 program CANCELLED

If you registered for the BASF program, "Strategies for Launching and Running a Small Law Office," scheduled for Saturday, October 23, the program has unfortunately been cancelled.  The BASF Solo & Small Firm Committee is planning to run each of the scheduled panels as a stand-alone lunchtime program starting in January 2011.  Check the BASF events page for updates in the coming months. 

CASD Class Action Symposium starts today in San Diego

I'm in San Diego today for the Consumer Attorneys of San Diego 3rd Annual Class Action Symposium.  If you are here please come up to me and say hi.  I will also be at the judges' reception tonight. 

Today also happens to be the seventh anniversary of the day on which I first created The UCL Practitioner.  It's interesting how things end up happening in life.  I'm not so sure I'd have my own firm in 2010 if I hadn't created this blog in 2003.  What I do know is that such a result was very far from my mind at the time.

More on upcoming MCLE programs

Last week I put up a post with four upcoming MCLE programs, including the Employment Law Symposium sponsored by the Alameda County Bar Association, which is coming up on October 28.  It turns out that you can separately register for each of the four panels being offered.  The last panel of the day is of particular interest.  It's called "Complex Litigation in Alameda County: How to Be Most Successful and Effective in Departments 17 and 20."  The other panels also look quite good.  Each panel costs $30 for non-ACBA members (or $95 for all four panels) if you register by September 30. 

Also, this coming Wednesday, September 15, 2010, don't miss "Making Your Point: Effective Advocacy for Women," which will take place from noon to 1:30 at the City Club of San Francisco.  The program is sponsored by the CAOC Women's Caucus and the CAOC College of Trial Arts.  

Finally, registration is now open for the 49th Annual CAOC Convention, which is scheduled for November 19-21, 2010 at the Fairmont Hotel in San Francisco.  I will be speaking on the morning of the first day on recent developments in 17200 practice.  Early bird registration (with discounted pricing) closes on Oct. 22.  Plaintiffs' attorneys, please register!  Registration is free for all sitting judges and justices, whom I would also encourage to attend if you can. 

Upcoming MCLE conferences in October

October will be a good month to get some MCLE credits under your belt: 

• Friday-Saturday, October 8-9, 2010: Consumer Attorneys of San Diego 3rd Annual Class Action Symposium, Hilton San Diego Bayfront (my panel is called "Year in Review: Hot Cases and Practice-Changing Developments")
• Thursday, October 21, 2010 (all day): State Bar of California, Antitrust and Unfair Competition Law Section, 20th Annual Golden State Institute, Westin St. Francis Hotel, San Francisco (with some great UCL panels)
• Saturday, October 23, 2010 (8:30-2:00 p.m.): Bar Association of San Francisco, Solo & Small Firm Section, Strategies for Launching and Running a Small Law Office, BASF Conference Center, San Francisco
• Thursday, October 28, 2010 (1:00-6:30 p.m., with optional lunch and reception): Alameda County Bar Association, Employment Law Symposium, Lake Chalet, Oakland (featuring a panel on complex litigation in Alameda County with Judges Brick and Freedman and their research attorneys)