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HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT. Introductions. MODERATOR: Howard S. Suskin, Esq., Partner, Jenner & Block LLP PANELISTS : Brian Kristiansen, Esq., Vice President - Claims, AXIS Professional Lines

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HOW SHOULD WE PLEAD? THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

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  1. HOW SHOULD WE PLEAD?THE FUTURE OF CLASS ACTIONS, ACCORDING TO THE U.S. SUPREME COURT

  2. Introductions MODERATOR: • Howard S. Suskin, Esq., Partner, Jenner & Block LLP PANELISTS: • Brian Kristiansen, Esq., Vice President - Claims, AXIS Professional Lines • Janene M. Marasciullo, Esq., Partner, Kaufman Dolowich Voluck & Gonzo LLP • Mark A. Perry, Esq., Partner, Gibson, Dunn & Crutcher LLP • Samuel H. Rudman, Esq., Partner, Robbins Geller Rudman &Dowd LLP

  3. Agenda • Key Class Action Law Developments • Key Securities Class Action Developments • Pleading Standards • Class Action Fairness Act • Predictions for Future Class Action Developments

  4. Key Class Action Law Developments • Dukes v. Wal-Mart – The consequences for large class actions

  5. Key Class Action Law Developments • Smith v. Bayer – The tension between federal and state class actions

  6. Key Class Action Law Developments • AT&T Mobility v. Concepcion- Class action waivers

  7. Key Securities Class Action Developments • Matrixx Initiatives v. Siracusano- Materiality

  8. Key Securities Class Action Developments • Janus Capital v. First Derivative Traders- The limits on Section 10(b) exposure

  9. Key Securities Class Action Developments • Erica P. John Fund v. Halliburton- The class certification battle.

  10. Key Securities Class Action Developments • Morrison v. National Australia Bank- Foreign class actions – one year later

  11. Pleading Standards What has the impact of the Supreme Court’s heightened pleading requirements been?

  12. Class Action Fairness Act What are the most significant issues currently being litigated in the battle between federal and state jurisdictional turf?

  13. Predictions for Future Class Action Developments • Plaintiff’s Perspective

  14. Predictions for Future Class Action Developments • Defendant’s Perspective

  15. Questions & Answers

  16. Many thanks to … • Brian Kristiansen • Janene Marasciullo • Mark A. Perry • Sam Rudman

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