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American Bar Association

Sound Advice

Welcome to the Class Actions & Derivative Suits Committee's Sound Advice archive. Sound Advice shares the experience and collective wisdom of some of finest legal minds in the world. Easy access to such a vast collection of knowledge will be useful and enjoyable. Sound Advice helps you become a better lawyer. Listen. Learn. Improve.

audio Changes to the Rules of Civil Procedure 16, 26, and 34

By Adam E. Polk

Adam Polk discusses how the recent changes to case management and discovery processes set forth in the Rules of Civil Procedure are likely to affect the small firm practitioner.

audio Ethical Considerations Regarding Class Action Settlements

By Patrick Lewis

Baker Hostetler's Patrick Lewis explores key ethics considerations that arise when parties seek to settle class action disputes.

audio Experts in Class Actions and Derivative Suits

By Curt Hineline

Although most litigators would view destroying an opposition expert witness in a deposition as a good thing, veteran litigator Curt Hineline says that may not be the case.

audio An Overview of Cy Pres Distributions of Class Action Settlement Funds

By Joel Neckers

Joel Neckers discusses cy pres distributions, recent developments in the law, and recommendations for including cy pres provisions in class action settlement agreements. (11:25 min)

audio Data Breach Class Action Cases

By Amanda Fitzsimmons

Amanda Fitzsimmons discusses the issue of standing in data breach class action cases and the importance of Remijas v. Neiman Marcus Group. (11:16 min)

audio The Current & Future of Class Action Notice Campaigns

By Nicholas D'Aquilla, Brennan Billberry, and Joe Juenger

The speakers discuss Mullane v. Central Hanover Bank & Trust Co. and how due process implications should be considered when designing a notice program to reach today's consumers. (12:33 min)

audio Five Practical Considerations for Defending Class Actions

By Ashley Bruce Trehan

Delving beyond the familiar Rule 23 factors, Ashley Bruce Trehan shares practical tips for representing a defendant in a class action case. (13:13 min)

audio Overview of Class Actions Settlements in the Federal Courts

By Margaret Lyle

Longtime litigator Margaret Lyle gives both a step-by-step review of the process and the history of class action settlements within the federal courts. (12:06 min)

audio Discovery of Electronically Stored Information (ESI)

By Jennie Lee Anderson

Jennie Lee Anderson suggests that when it comes to e-discovery, early planning and cooperation are key to building a successful strategy to best help your clients. (8:21 min)

audio Multidistrict Litigation Process

By Greg Cook

If you are involved in a multidistrict litigation case it may seem overwhelming—but fear not. Veteran litigator Greg Cook explains the process and rules regarding the Multidistrict Litigation Panel (MDL Panel). (8:12 min)

audio Numerosity as It Pertains to Class Certification

By Kathryn Honecker

Rule 23(a) has four elements that must be proven prior to class certification. Listen as Kathryn Honecker explains salient points of one of the elements—numerosity. (14:17 min)

audio Understanding the Demand Futility Exception

By Jeff Gardner

Jeff Gardner explains how this exception works and the ways in which it may affect your clients. (8:54 min)