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American Bar Association

Class Actions & Derivative Suits
Mission

The Class Actions and Derivative Suits Committee is one of the 40 practice groups open to all members of the American Bar Association’s Section of Litigation. Joining the committee entitles a member to a number of benefits (see list below). The committee consists of practitioners, corporate counsel, and academicians interested in class actions and stockholder derivative suits. Its leadership of top practitioners works to keep members abreast of issues in the class actions area.


To accomplish this goal, the committee provides its members with these benefits:


  • CADS newsletter, a quarterly publication

  • the renowned annual National Class Action Institute

  • the Survey of Class Action Law

  • networking opportunities with leading practitioners

  • discounted CLE programs

  • online access to case notes

  • past issues of CADS Report and other helpful information

  • opportunities to write for committee publications, speak on committee panels, and participate in the activities of our subcommittees


Whether you want to receive CADS Report, learn from and network with top litigators, or contribute to our programs and publications, or all of the above, join us. Section of Litigation members may join up to three committees at no charge.


To join, you must first be a member of the ABA and also a member of the ABA Section of Litigation.

 

 
Announcements

CADS Committee Conference Calls

Please join us for the CADS' Committee's bi-monthly call on Wednesday, December 10, 2014 at noon (PT) / 2 p.m. (CT) / 3 p.m. (ET). The dial in number is 800-504-8071; the access code is 7765933.

 

Please also mark your calendars for the upcoming calls:


  • February 11, 2015

  • March 18

  • May 13

  • July 15


Mark Your Calendars: SAC 2015

The 2015 Section Annual Conference will take place in New Orleans on April 15 through 17. Keep an eye out for additional information as the date approaches.


Upcoming Roundtable: Navigating Today's eDiscovery Issues

Please join us for the upcoming Roundtable, "Navigating Today's eDiscovery Issues," taking place at 3 p.m. Eastern on December 11, 2014. Within the course of a free 45–60 minute conference call placed from the convenience of your office, experienced class action litigators from around the country will present invaluable information on the following topics:


1. A recent ethics opinion and trends concerning an attorney's ethical duties during the discovery of electronically stored information, the attorney’s associated competency requirements, and options available for those lacking the required competency for e-discovery issues

2. A suggested checklist of ESI topics to discuss at Rule 26 conferences and explanations as to why those topics should be discussed

3. Plaintiffs' entitlement to know how defendants are using technology assisted research (TAR), and defendants' duties to ensure that relevant documents are being identified/captured in the eDiscovery process.


This Roundtable is co-sponsored by the Class Actions and Derivative Suits and Technology for the Litigator Committees to educate litigators on important issues impacting today's practices. Attorneys face growing competency obligations to properly manage eDiscovery.  Let this Roundtable discussion guide you in your practice.


CADS Members

Are you interested in publishing an article that will be read by the leading class action practitioners in the United States and Canada? Then the ABA Section of Litigation Class Actions & Derivative Suits Committee has just the right forum for you.


Our committee's newsletter, the CADS Report, will be publishing an issue on the topic of Class Actions 3.0: What's Next for Class Actions. Potential topics could include:


  • Survey of the ways courts have found to invalidate arbitration clauses post-Concepcion

  • Regulatory hostility to Concepcion - NLRB/DOL/CFPB/FTC (Magnuson-Moss)

  • Issue- or liability-only class actions

  • Small claims court aggregation, highlighting the Honda and AT&T examples

  • Using social media to aggregate claims/create a "virtual" class action

  • Proceeding on mass basis in arbitration or court—a "be careful what you wish for"-type article

  • Strategic uses of collateral estoppel/res judicata/injunctive relief following individual arbitration or litigation

  • Public/private partnerships to prosecute class actions


We are also looking for someone to author a Class Actions 101 article setting forth in a Q&A format helpful information on one or more of these (or related) topics for the young class action attorney. If you are interested in writing an article for this issue, or know someone who might be, please contact one of our newsletter editors: 


Robert Herrington—herringtonr@gtlaw.com
Ben Seessel—bvs@jordenusa.com
Matthew Stein—matthew.stein@skadden.com
Melissa DeHonney—mdehonney@gibbonslaw.com


A Brief Guide to Removal

Removing a case to federal court is a technical and detail-oriented process. It can sometimes be difficult to determine the proper approach, given various interconnected and interrelated statutes governing federal jurisdiction and removal. Matthew M.K. Stein and Abra C. Bron have provided a brief guide to those statutes and related interpretative case law, incorporating the Federal Courts Jurisdiction & Venue Clarifications Act of 2011, which applies to actions commenced after January 6, 2012.



CADS Committee Updates Survey of State Law

The Class Actions and Derivative Suits Committee recently published its updated state law class action survey. The book is an excellent tool for in-house and outside counsel who litigate class actions in state forums. The summaries are prepared by litigators from each of the respective states and address changes in rules and statutes, as well as significant case law.


Members can download past surveys from the Survey of State Class Action Law page.


Attention Young Lawyers

Our Committee is seeking to serve young lawyers and recruit them as members. You may find articles directed at young lawyers and the basics of class actions on the articles page. You may also contact our chairs, Jeffrey D. Gardner, Louis F. Burke, or Kathryn Honecker to become involved in our Committee immediately.


 
Message from the Chairs

Welcome to the Class Actions & Derivative Suits Committee!  This is a vibrant group of connected litigators that are involved in the rapidly-changing arena of class actions and derivative suits. Over 1,600 strong, the committee consists of numerous plaintiff and defense bar practitioners, corporate counsel, and academicians interested in class actions and shareholder derivative suits. Its leadership of top practitioners works to keep members abreast of emerging issues and developments in the class actions area including, without limitation, the following practice areas: consumer, employment, securities, anti-trust, pharmaceuticals and health law, international and mass torts.


The Class Actions and Derivative Suits Committee is open to all members of the American Bar Association’s Section of Litigation.  If you are already a member of the Section of Litigation, joining our committee is simple and easy (and free).  If you are not a member of the Section of Litigation, we invite you to join and become an active part of CADS; membership definitely has its benefits:


  • CADS newsletter, a quarterly publication

  • the renowned annual National Class Action Institute

  • listserv e-blasts with short summaries of key developments in the class actions area

  • membership in CADSí LinkedIn group, where members can post comments and questions on emerging class action issues

  • the Survey of Class Action Law

  • networking opportunities with leading practitioners

  • discounted CLE programs

  • online access to case notes

  • past issues of CADS Report and other helpful information

  • opportunities to write for committee publications, speak on committee panels, and participate in the activities of our subcommittees


Whether you want to receive CADS Report, learn from and network with top litigators, or contribute to our programs and publications, or all of the above, join us. Section of Litigation members may join up to three committees at no charge.


To join, you must first be a member of the ABA and also a member of the ABA Section of Litigation.


Louis Burke—lburke@lfblaw.com
Jeff Gardner—jgardner@jsslaw.com
Kathryn Honecker—khonecker@bffb.com
Chairs, Class Actions & Derivative Suits Committee


Minutes from Committee Meetings



 
Subcommittees

Our active subcommittees include:

• Antitrust Law
• Consumer Law
• Derivative Suits
• Employment Law
• International Class Actions
• Mass Torts
• Membership


 

• Newsletter
• Pharmaceutical & Health Law
• Programs
• Rule 23
• Securities Law
• State Law
• Website Editors


 

Find contact information for committee and subcommittee chairs:

 

 

 
 

Class Actions & Derivative Suits Leadership
Cochairs Web Editors Newsletter Editors

Kathryn A. Honecker

Phoenix, AZ


Jeffrey D. Gardner

Phoenix, AZ


Ethan Brown

Los Angeles, CA


Mark D. Taylor

Dallas, TX


Michael K. Kim

Alexandria, VA


Jennie Lee Anderson

San Francisco, CA


Ben V. Seessel

Simsbury, CT


Matthew Stein

Boston, MA


Robert J. Herrington

Santa Monica, CA


Tarifa Laddon

Los Angeles, CA