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While this phrase seems to work on us case analyst here at cafalawblog.com, many employers still try to utilize Whimpy’s famous food phrase (is that alliteration or consonance or both?) to pay their employers. Watch out, because if Popeye finds out he’ll open a can of whup arse, I mean spinach, on you and take you to the cleaners (Was there a cleaner’s on Popeye?).

How to avoid the wrath of Popeye in defense of his friends, attend ACI’s Wage and Hour Litigation conference, “Expert Strategies for Pursuing and Defending Wage & Hour Claims and Class Actions.” The conference will take place April 30, 2008 through May 1, 2008 in Miami, Florida. Hurry up and get your seat while you still can!

Register at: https://www.americanconference.com/employment_benefits/wageandhour.htm or by clicking here.

Posted By McGlinchey Stafford at 04:22 AM | Comments / Questions (0)

A lawyer and an engineer were fishing in the Caribbean. The lawyer said, “I'm here because my house burned down, and everything I owned was destroyed by the fire. The insurance company paid for everything.”

“That's quite a coincidence,” said the engineer. “I'm here because my house and all my belongings were destroyed by a flood, and my insurance company also paid for everything.”

The lawyer looked somewhat confused. “How do you start a flood?”" he asked.

Perhaps the adjusters that handled these insurance claims should have attended ACI’s Bad Faith Litigation Seminar. If they had, they would have learned how to handle squirrelly claims like this while protecting against claims of bad faith. Lucky for you, there is time to sign up for this year’s Bad Faith Litigation Seminar to take place May 15-16, 2008 in San Francisco. Not a bad locale to learn strategic approaches for minimizing exposure and mitigating damages.

What: ACI’s Bad Faith Litigation

When: May 15-16, 2008

Where: The Hotel Whitcomb, San Francisco, California

Register by clicking here or going to www.americanconference.com/badfaith

Posted By McGlinchey Stafford at 04:40 PM | Comments / Questions (0)

Oh, ye of little faith. Like your dead beat cousin who manages to bum some money at every family event, like the possum that keep rooting through your garbage, like that Wiggles song you heard on the way to taking your kid to school and now can’t get out of your head.  Asbestos Never Dies! And a sigh of relief by plaintiff and defense attorneys alike can be heard across the nation.

If you want to learn how to combat the new wave of asbestos litigation, attend ACI’s “Expert Strategies for Litigating, Settling and Managing the New Wave of Asbestos Claims.” The seminar will take place May 15-16, 2008 at the Rio All-Suite Hotel and Casino in Las Vegas. As for the cousin, hey, he is family, what can you do? The possum, get a cat to scare him away. As for the Wiggles, there may be no relief from “Hot Potato Hot Potato” stuck in your head. 

Register at www.americanconference.com/asbestos.

Posted By McGlinchey Stafford at 04:06 AM | Comments / Questions (0)

April 15 & 16, 2008, Flatotel (And yes, I spelled that right) New York, New York

Alright everybody, join hands, let’s sing together. You too Mr. Gore:

Have I been sleeping?
I’ve been so still
Afraid of crumbling
Have I been careless?
Dismissing all the distant rumblings
Take me where I am supposed to be
To comprehend the things that I can’t see

Cause I need to move
I need to wake up
I need to change
I need to shake up
I need to speak out
Something’s got to break up
I’ve been asleep
And I need to wake up
Now

I am not just singing the words to this song because I have been working on an appellate brief for the last 400 hours and ate a big BLT sandwich for lunch. No, I am signing the theme from an “Inconvenient Truth” because ACI conveniently scheduled its Pollution Liability Insurance Seminar in April in New York. 

Ahh, springtime in New York. As it begins to reach 90 degrees in Houston (my dear city), it will just be getting nice in NY. Hear top underwriters, brokers, product managers and other experts discuss recent issues affecting pollution liability insurance coverage. That is enough to get Melissa Etheridge singing and Al Gore dancing.

Now that the words to this song are firmly stuck in my head, I encourage you to register by clicking here or going to www.americanconference.com/pli.

P.S. Turn off those extra lights. Save the planet. You know who you are.

Posted By McGlinchey Stafford at 04:30 AM | Comments / Questions (0)

April 15 & 16, 2008, Flatotel (And yes, I spelled that right) New York, New York

Alright everybody, join hands, let’s sing together. You too Mr. Gore:

Have I been sleeping?
I’ve been so still
Afraid of crumbling
Have I been careless?
Dismissing all the distant rumblings
Take me where I am supposed to be
To comprehend the things that I can’t see

Cause I need to move
I need to wake up
I need to change
I need to shake up
I need to speak out
Something’s got to break up
I’ve been asleep
And I need to wake up
Now

I am not just singing the words to this song because I have been working on an appellate brief for the last 400 hours and ate a big BLT sandwich for lunch. No, I am signing the theme from an “Inconvenient Truth” because ACI conveniently scheduled its Pollution Liability Insurance Seminar in April in New York. 

Ahh, springtime in New York. As it begins to reach 90 degrees in Houston (my dear city), it will just be getting nice in NY. Hear top underwriters, brokers, product managers and other experts discuss recent issues affecting pollution liability insurance coverage. That is enough to get Melissa Etheridge singing and Al Gore dancing.

Now that the words to this song are firmly stuck in my head, I encourage you to register by clicking here or going to www.americanconference.com/pli.

P.S. Turn off those extra lights. Save the planet. You know who you are.

Posted By McGlinchey Stafford at 03:14 PM | Comments / Questions (0)

The Tulane Law Review is hosting the first national conference devoted to MDL.  It will be February 15-16, 2008, at Tulane Law School, New Orleans, Louisiana.  You can go down a day early and celebrate Valentine's Day on Bourbon Street.

There have been big developments in the consolidation of similar multidistrict cases since the federal Panel on MDL was created in 1968.  The conference will address whether MDL is replacing the class action as the favored procedure for resolving multiple multistate cases, providing a solution to overlapping and competing cases, a device for global settlement of both federal and state cases (as in the Vioxx settlement), and a model for consolidating very different cases all arising out of disasters (as in the Katrina litigation).

-Two panel members (Chair Judge John Heyburn and Judge Kathryn Vratil) will talk about federal developments. 

-The judges in charge of MDL’s in New Jersey (Judge Carol Higbee) and Texas (Judge Mark Davidson) will talk about the revolutionary work of new state MDL panels. 

-Four other federal judges will talk about current issues in transferring and administering MDL cases. 

-The judge and principal lawyers in the Vioxx MDL Litigation will recount the use of bellwether trials and settlement devices and the ethics of the recent Vioxx global settlement. 

-Top MDL experts (lawyers, academics, and case administrators) will examine attorney strategies in the emerging form of MDL litigation and discuss what we can expect in the future.

For conference schedule click here or go to http://www.law.tulane.edu/lawreview/

Posted By McGlinchey Stafford at 01:13 PM | Comments / Questions (0)

Managing Complex Litigation

ACI’s Senior-Level In-House Counsel Litigation Think Tank

February 27-28, The Carlton, New York, New York.

Do you know what the first thing that came to mind was when I saw the topic for the February ACI conference? No, it was not days and days spent looking through documents. It was not trying to figure out whether the emails the client says no longer exist REALLY no longer exist. And no, it was not even my most favorite thing about complex litigation, trying to come up with a budget for a case when you don’t how long it will last or how many attorneys will be involved. No. It was David Bowie. David Bowie?? What does David Bowie have to do with complex litigation. Well, my friends, he wrote the immortal words that sum about the feelings of all those involved in complex litigation. 

Bah bah bah bah bah bah bah bah

Bah bah bah bah bah bah

Pressure pressing down on me

Under pressure

That burns a building down

Splits a family in two

Puts people on streets

It's the terror of knowing

What this world is about

Watching some good friends

Screaming let me out

Now that you have that song stuck in your head, take a minute to consider attending ACI’s Conference on Complex Litigation to be held in New York City February 27 and 28 at the Carlton. This conference focuses on complex litigation from in-house counsel’s point of view and includes speakers from companies such as Exxon Mobil, Lyondell, Capitol One, Georgia-Pacific and more. For those of you who are “out-house” counsel, you will learn what your clients are looking for in the management of large cases. Click here or go the link below to register.

http://www.americanconference.com/litigation/complexlit.htm

Posted By McGlinchey Stafford at 01:25 AM | Comments / Questions (0)

As loyal CAFA law bloggers we know you are out there spending, spending, spending this holiday season on the latest gadgets like the Nintendo Wii, Ipod nanos, and special something for the better half. After all, there is no better way to stave off a recession than spending our way out of one. No doubt you’re using credit card after credit card to do it, especially since your home equity line of credit was washed away with the sub prime mortgage debacle. 

Well, when those bills come due in late January we have the perfect thing for you…2 days in New York City at the American Conference Institute’s Consumer Finance Class Action conference.

Well known speakers will discuss issues ranging from the sub prime mortgage demise to Fair Credit Reporting Act litigation. With in house counsel from Capital One, Master Card, and Wachovia, just to name a few, you may be able to get some advice on how to pay those holiday credit card bills down.

When: Tuesday, January 29, 2008 to Wednesday, January 30, 2008.

Where: Millennium Broadway Hotel, New York, NY.  Conveniently located next to the studio for Good Morning, America and Times Square.  Make sure you arrive early at the studio with your sign that says "The CAFA Law Blog Rocks!"

How to register:   http://www.americanconference.com/finance/consfinlit.htm

Posted By McGlinchey Stafford at 12:03 PM | Comments / Questions (0)

You can’t consider a teleconference for CLE without thinking of any number of “Telephone” songs.  So, for your listening pleasure, we remind you of ELO’s 1976 Hit “Telephone Line” from it’s a New World Record album.

Oh Oh Telephone line, give me some time, I'm living in twilight

Oh Oh Telephone line, give me some time, I'm living in twilight

O.K. so no--one's answering,

Well can't you just let it ring a little longer

I'll just sit tight, through the shadows of the night

Let it ring for evermore oh oh ooohhhhh yeah yeah yeah.

We hope you enjoyed that musical interlude.  Now back to our flimsy excuse for reminding you of this top10 hit.

Do you need CLE credit? Do you like CAFA? Are you overworked? Are you just too lazy to get your butt out of the chair and get to a CLE? If you answered yes to any two of these questions, then we’ve got the perfect CLE conference-call for you—Moore's™  Rules of Federal Practice Teleconference: Recent Developments in Class Actions and the Impact of the Class Action Fairness Act—a one and three quarter hour long CLE conference call-dedicated to CAFA. So, whether you’re overworked or just a fat, lazy slob, if you’re into CAFA, be sure to tune in on November 7^th .

What:               Moore's™ Rules of Federal Practice Teleconference: Recent Developments in Class Actions and the Impact of the Class Action Fairness Act.

When:              November 7, 2007 at 2:00-3:45 p.m. Eastern.

Where:             Your Barcalounger.

For more information on the Teleconference click here.

p.s.—if you plan to tune in, please be considerate and keep you speaker phone on mute or else the sound of your lazy butt getting bigger might drown out the instructor.   

Posted By McGlinchey Stafford at 11:05 AM | Comments / Questions (0)

Jeez it’s hot. I mean really hot. How hot is it? So hot a room full of lawyers would feel right at home. In case you haven’t heard, the climate is changing.

How do we know? Al Gore told us so. But the inconvenient truth is that even the erstwhile ex-veep cannot say how global climate change will affect the other landscape – the one populated by liability issues and government regulations. But there are people who can, and they will burn any hydrocarbon necessary to make it to the American Conference Institute’s Advanced Forum on Climate Change Liability in New Orleans.

Hear the latest insight on greenhouse gasses – insert joke about post-lunch panels here – and the plaintiff arguments about damages and corporate conduct that will arise from them. Learn how to limit litigation risks. Get a grasp on the impact of regional initiatives and watershed cases. And then catch a flight out of town before the sea levels rise.

WHEN:            November 29-30, 2007

WHERE:          InterContinental Hotel, New Orleans, LA

REGISTER:     To register click here or go to www.AmericanConference.com/climatechange

Posted By McGlinchey Stafford at 11:30 AM | Comments / Questions (0)

If you’ve been following the CAFA Law Blog (and who hasn't), you know there’s plenty of CAFA interpretation out there to discuss as of late. The University of Pennsylvania Law Review is diving into the thick of things by hosting what’s sure to be a one-two punch of a symposium (Down goes Apollo Creed) with professors, judges, and practitioners discussing six different perspectives on CAFA: history, judicial policy, federalism, regulatory policy, impact on federal courts and impact on the legal profession.  

There’s a little something for everyone! We suggest strapping on your trainers and heading to Philly to take advantage of it. You may not run the stairs like Rocky, but you’ll no doubt get a good workout as you engage in some good give-and-take CAFA discussion. CLE credit is approved for Pennsylvania practitioners. Can’t make it for the symposium? The papers and some commentary will be published in Volume 156 of the University of Pennsylvania Law Review.

WHAT: Fairness to Whom? Perspectives on the Class Action Fairness Act of 2005

WHO: The University of Pennsylvania Law Review

WHEN: Friday, November 30, 2007-Saturday, December 1, 2007

WHERE: University of Pennsylvania Law School, Philadelphia, PA

Posted By McGlinchey Stafford at 10:23 AM | Comments / Questions (0)

BAILIFF(Spoken)
Mr. Flynn, his honor is here

BILLY(Spoken)
Thank you. Just a moment.
You ready?

ROXIE(Spoken)
Oh Billy, I'm scared.

BILLY(Spoken)
Roxie, you got nothing to worry about.
It's all a circus, kid. A three ring circus.
These trials- the wholeworld- all show business.
But kid, you're working with a star, the biggest!

(Singing)
Give 'em the old razzle dazzle
Razzle Dazzle 'em
Give 'em an act with lots of flash in it
And the reaction will be passionate
Give 'em the old hocus pocus
Bead and feather 'em
How can they see with sequins in their eyes?

What if your hinges all are rusting?
What if, in fact, you're just disgusting?

Razzle dazzle 'em
And they;ll never catch wise!

Give 'em the old Razzle Dazzle

Posted By McGlinchey Stafford at 10:37 AM | Comments / Questions (0)

See Dick play. See Dick’s new plastic rings. See Dick stack his rings. See Dick laugh. See Dick chew on the red one. See his parents join a lawsuit. See the lawyers learn the Chinese words for “lead paint” and “subcontractor.” Defending lawsuits arising from product recall is not exactly playtime. But fun will be had nonetheless in the master class on product recalls that is part of a conference on defending fraud claims in class actions next month in New York. This an numerous other topics will be discussed at ACI’s Defending Fraud Claims in Consumer Class Actions.

WHEN:            October 15-16, 2007

WHERE:          Warwick New York Hotel, NY, NY

REGISTER:    Register by clicking  here.

Posted By McGlinchey Stafford at 10:24 PM | Comments / Questions (0)

Looking for that perfect team-building opportunity for you and your colleagues? The CAFA Law Blog has the information that you need, and this should be one weekend you don’t play golf!

Picture a long journey, potentially ending in a location far from your office. Imagine your group, venturing out, mixing with the locals, fascinated by the local accents and dialects. Consider possibly hearing two distinct streams of information. 

Will there be canoeing? No. Will there be camping? No. Are those distinctive two sounds dueling banjos? Well, not so much. Don’t worry, we aren’t recommending that you pack up your colleagues, head down to Georgia and canoe the mythical Cahulawassee River. Heck, we don’t even expect you’ll see Burt Reynolds, Ned Beaty or John Voight for that matter or need to squeal like a pig. http://www.imdb.com/title/tt0068473/.

What we will suggest is a trip that surely will promise “Deliverance.” Deliverance of useful and interesting CAFA information to you and your colleagues. And, we promise what you hear will not be dueling banjos, but interesting and useful information from dueling faculties in San Francisco and New York City. Here is the important information that you need:

WHAT: 17^th Annual Litigation & Resolution of Complex Class Actions Conference

WHO: By Thomson West

WHERE/ WHEN: (1) Helmsley Park Lane Hotel, New York, NY, October 23-24, 2007 - or –
(2) Hotel Nikko, San Francisco, CA, November 1-2, 2007

WHY GO: Two full days of class action topics designed to assist you and your colleagues navigate complex practice of class action litigation, including CAFA and its impact.

Posted By McGlinchey Stafford at 10:10 PM | Comments / Questions (0)

American Conference Institute's Wage and Hour Litigation Seminar takes place October 3-4, 2007 at the Hilton in San Francisco.  The seminar will focus on strategies for pursuing and defending wage and hour claims and class actions.  Click here to learn more about the conference and to register.  Tell them your friends at the CAFA Law Blog sent you.

Posted By McGlinchey Stafford at 09:41 PM | Comments / Questions (0)

It's a 106 miles to Chicago.  We got a full tank of gas, half a pack of cigarettes, it's dark and we're wearing sunglasses—hit it, and get yourself to Chicago for the ABA’s 11th Annual National Institute on Class Actions.

It’s that time of year again, time for the ABA’s 11th Annual National Institute on Class Actions in none other than that same old place, sweet home Chicago. So take the “L” to one of our favorite cities and get the yearly low-down on all-things class action.

What:               ABA’s 11^th Annual National Institute on Class Actions

When:              October 19, 2007

Where:             Chicago Fairmont

Click here for the ABA's brochure.

Posted By McGlinchey Stafford at 09:15 AM | Comments / Questions (0)

Have you considered fortune teller, seer, sage, oracle, or palm reader?  Maybe you'll want to give your choice a test run, or seek inspiration from others, before your trick-or-treating debut.  A perfect opportunity awaits at the ABA TIPS seminar "The Future of Class Action Litigation in America" on October 24-26 in Washington D.C. 

Billed as an event at which you can come "hear what lies ahead," this is bound be the place where masters of divination, soothsayers and mystics will enlighten the audience on  what the coming months and years portend.  We did not see "costumes encouraged" in the seminar brochure, but we predict costumes will raise no eyebrows so close to All Hallow's Eve, especially in D.C.-where people routinely pretend to be something they are not.

Interested in learning more?  Click here.

Posted By McGlinchey Stafford at 09:40 AM | Comments / Questions (0)

The American Conference Institute holds its "Defense Counsel Forum on Positioning the Class Action for Early Success" at the Marriott Desert Ridge Resort and Spa, Phoenix, Arizona, on September 26-27.   If you have not been to the Marriott Desert Ridge Resort and Spa, you ought to use this tax deductible way to get there.

In addition to sneaking in a round of golf, hear The CAFA Law Blog's very own godfather, Anthony Rollo, discussing the effect of CAFA on class action litigation. After spending some time at one of the spa cabanas, you will be able to hear from some of the best class action minds in the country.  There is even a special class on complex settlement administration for class actions.

Register through the Law Blog and receive a discount of $200 (use code 772L0.S).  Who said we never gave you anything for free?  Just tell 'em that the CAFA Law Blog sent you.

Posted By McGlinchey Stafford at 08:29 AM | Comments / Questions (0)

The American Conference Institute is hosting a conference in Phoenix, Arizona, September 26, 2007 – September 27, 2007 titled Positioning the Class Action Defense for Early Success. 

What an excellent opportunity for two full days of sun, fun and CAFA!!! The American Conference Institute has put together a great program with fantastic speakers.   The American Conference Institute brings you the one cross-industry event focused on providing you with specific, tactical suggestions for achieving early and advantageous disposition of class action litigation.

Of course, the best speaker of all will be our very own Anthony Rollo.  Anthony is the creative genuis behind the CAFA Law Blog.  He speaks across the country on class actions and CAFA.  You will get your money's worth listening to this discussion alone.

For more information, click on https://www.americanconference.com/Litigation/classactions.htm. Hope to see you in Phoenix!

Posted By McGlinchey Stafford at 08:31 AM | Comments / Questions (0)

There is a house in New Orleans

They call the Sheraton

And it's been the site of many a CLE

And God this looks like one

Now the only thing an attorney needs

Is a suitcase and registration fee ($225 if early / $240 late)

And we’re sure, they will be satisfied

In New Orleans on October 19

------ organ solo ------

Oh attorneys tell your colleagues

That CAFA will be discussed

By speakers at the podium

As will Notice and Settlements and Discovery

At the 7^th Annual Symposium

Well, there is a Symposium in New Orleans

And it starts with the Rising Sun (8:00 am to be exact)

Class actions have ruined many an unsuspecting counselor

So God please don’t be one.

WHAT: 7^th Annual Class Action / Mass Tort Symposium

WHEN: Friday, October 21, 2007, 8:00 a.m.

WHERE: Sheraton New Orleans Hotel, 500 Canal Street

LINK: http://www.lsba.org/cle-1/seminardetail.asp?CLEID=55

Posted By McGlinchey Stafford at 08:55 AM | Comments / Questions (0)

Just what you have been waiting for. A chance to show everyone you are smarter than anyone else when it comes to CAFA. Of course, we will know that it is only because you have too much time on your hands, no friends, and an unhealthy burning in your soul for CAFA.

Posted By McGlinchey Stafford at 06:33 AM | Comments / Questions (0)

Ever wanted to run off to Rome for a weekend of CAFA-fueled ecstasy. Looking for a chance to ponder the differences between the American and European class action systems with other CAFA-heads in one of the world’s greatest cities?  As if we’d have to ask.  Well, wait no more my bambino because on May 24-25, 2007 all roads lead to The Eternal City for the “Class Actions At a Cross Roads: Europe’s Choice Between Its Own and the American Model” seminar presented by the International Bar Association and the ABA International Law Section.   

What:   “Class Actions At a Cross Roads: Europe’s Choice Between Its Own and the American Model”

When:  May 24-25, 2007

Where:  The Grand Hotel Plaza-- Rome, Italy.

Ciao, innamorato!

For more information click here or go to :http://www.ibanet.org/conferences/litigationconf2007/binary/Rome%20prog.pdf

Posted By McGlinchey Stafford at 04:42 PM | Comments / Questions (0)

If you are interested in learning all there is to know about how to defend consumer protection class actions, and who isn't, then here is your chance. Even if you are interested in defeating consumer class actions, this is the conference for you.  So, as you enjoy your cocktail at the historic Fairmont looking out over Nob Hill and inspiring Grace Cathedral, thank your friends at the CAFA Law Blog for hooking you up.

Posted By McGlinchey Stafford at 04:47 AM | Comments / Questions (0)

Looking for the "hot" date on Valentine's Day? Trying to be creative, innovative, informative and fun? Need your daily dose of CAFA? Multi-Task!

Consider the Washington D.C. Federalist Society's panel discussion on the Class Action Fairness Act two years later. Among the titillating topics that could not fail to excite Hamilton, Madison, and Jay are: "Has expanded federal jurisdiction reduced forum shopping and the influence of so-called 'magic' jurisdictions?"; Have the first two years "exposed" any notable ambiguities?; and "How have the Courts responded?"  

The Washington D.C. Federalist Society's panel presentation is scheduled for Wednesday February 14, 2007 from Noon to 2 p.m. at the National Press Club. For more information visit

Posted By McGlinchey Stafford at 02:21 PM | Comments / Questions (0)

Since our readers are brilliant, well read, and enlightened, then all of you already know that December 23 is Festivus - A Holiday for the Rest of Us!  Since Festivus is upon us, we will take a day or two off to celebrate Festivus, while you celebrate the holidays of your own choosing. 

You already know that some of the major events of Festivus are an aluminum pole that is generally used in lieu of a Christmas tree or other holiday decoration, shedding holiday materialism. Those attending participate in the "Airing of Grievances" in which each person tells each and everyone else all the ways they've disappointed him/her over the past year.  During the Airing of Grievances, we will discuss the 7th Circuit's decision in Brill, the 9th Circuit's decision in Abrego, and the 11th Circuit's decision in Evans.  Afterwards, we will come together for a Festivus dinner, after which, the "Feats of Strength" are performed. Traditionally, Festivus is not over until the head of the household is wrestled to the floor and pinned.  We will be back up and running bringing you all the CAFA commentary you crave, just as soon as we pin some of the Editors of our blog to the floor.

From the Editors of the CAFA Law Blog, we hope that you have a safe and happy Festivus and experience a true Festivus Miracle.

Posted By McGlinchey Stafford at 12:13 AM | Comments / Questions (0)

We do not know whether there is any truth to the rumor that the first class action was brought in 1621 by Myles Standish and Governor William Bradford against Squanto and the Wampanoag tribe for food poisoning at Plymouth.  There is precious little historical data to support the rumor.  But we are fairly certain that the Mayflower Compact did not contain a class action procedure similar our Class Action Fairness Act (or at least, that if it did, it has been lost to history).  Otherwise, all of the CAFA jurisprudence handed down over the last 20 or so months would have been decided more than 350 years ago, perhaps differently, and we would have had to find another topic to blog about. 

And by the way, while we certainly like regular turkey as the main course of our Thanksgiving lunch as much as the next blogger, if you haven't experienced a Cajun deep fried turkey (we are, after all, a law firm with deep roots in Louisiana and well experienced in that sort of dining), well, you just haven't eaten turkey yet. Maybe next year.

 And for those of you who thought we were talking about the other kind of Wild Turkey, shame on you. We're not that kind of blog.

Seriously, the Editors of the CAFA Law Blog wish you a safe and happy Thanksgiving!

Posted By McGlinchey Stafford at 11:49 AM | Comments / Questions (0)

Do you know the way to San Jose? Who cares! You need to go to La-La Land to schmooze about the Class Action Fairness Act at the 3^rd Annual Conference on Class Actions in Los Angeles this January, sponsored by CLE International.

By day, learn the nuances of class action practice, including how to talk to the media without making an ethical blunder, discovery, trying cases, certification, and, of course, CAFA itself. By night, try to get a seat at some swank place. Google “hipster scene in Los Angeles,” and find out for yourself.  

Getting back to business, day two of the seminar takes on securities class actions, consumer class actions, a view from the bench, wage and hour class actions, a mediator round table and claims administration. Program co-chairs are Michael D. Braun and John P. Stigi, III.

So, mark your calendars for January 25-26, 2007. For more information, go to www.cle.com.

Posted By McGlinchey Stafford at 11:32 AM | Comments / Questions (0)

Although the Class Action Fairness Act has not made it to the the U.S. Supreme Court, Anna Nicole Smith has.  One day our two favorite subjects will have something in common.  It is just a matter of time.  Until then, we must be satisfied with our dreams.

While we wait for this happy occasion, we thought it would be a good time to remind you of some of the features of the CAFA Law Blog.   The CAFA Law Blog is designed to be interactive, and to allow you to respond immediately and easily to our posts with questions or comments, through the “Post A Comment/Question” buttons at the bottom of each post. The CAFA Law Blog further invites you to “Contact Us,” through the button found on the top tool bar, with questions or comments, or to submit articles, which you believe may be of interest to CAFA Law Blog or its readers. 

The “Word Search” button found in the right hand column menu list, allows you to search CAFA Law Blog’s contents and hundreds of posts through word searches. 

You can electronically receive new articles on CAFA Law Blog immediately when they are posted, without the need for you to check for new posts on the site itself. The CAFA Law Blog’s email notification system, available through the “Subscribe By Email” feature found in the right hand column menu list, allows you to subscribe to the CAFA Law Blog and receive immediate notice of new posts – sent to your email address – containing one?click links directly to those new posts. New CAFA Law Blog posts may also be syndicated or “pushed” to you through an RSS “news-feed” reader on your computer, available through the “Subscribe By RSS” feature found in the right hand column menu list. 

This is so easy that even Anna Nicole can do it.

Posted By McGlinchey Stafford at 11:50 AM | Comments / Questions (0)

If brain activity burns calories, you can work off those Thanksgiving pounds at the 16^th Annual Litigation & Resolution of Complex Class Actions Institute in New York City on November 29-30, 2006. Afterwards, strut your buffitude around Times Square, if you are not too sore.

Only Jane Fonda could top this Abs, Buns and Thighs workout: an hour of rigorous Amended Rule 23 updates, followed by nearly two hours of Class Action Fairness Act calisthenics: statistics, trends, settlement notification requirements, retroactivity, coupon settlements, burden of proof during remand battles, jurisdictional issues, discovery issues and more to get your heart rate up.

Head to the weight room after the coffee break (hold the cream and sugar): current issues in securities class actions. Lunch, then endurance training with sessions on suing accountants and attorneys under the securities laws, coordination of SEC/DOJ investigations with the class action, and class-action related insurance issues.

By day two, you’ll be ready for endurance training: developments in antitrust class actions, RICO class actions, product liability and consumer actions, electronic discovery, arbitration agreements, topped off by a sprint through a couple of dozen issues concerning resolution and settlement strategies.

Sponsored by West Legalworks, the program’s co-chairs are Joseph M. McLaughlin, of Simpson Thacher & Bartlett LLP and Paul H. Dawes of Latham & Watkins LLP. For more information, click here.

Posted By McGlinchey Stafford at 10:54 AM | Comments / Questions (0)

New York, New York – we know it’s a helluva town.  If you can make it there, you can make it anywhere.  However, if you can't get there for the ABA’s 10^th Annual National Institute on Class Actions, you can catch one featured presentation via teleconference or live webcast on October 27. 

Posted By McGlinchey Stafford at 10:25 AM | Comments / Questions (0)

Even if you don’t have the time to spend endless days musing about CAFA like we do, that’s no excuse for ignoring this event, which offers quick shots of information about the Class Action Fairness Act.   So what if no one at the office will believe you when you say you absolutely must jet to Snowmass this January to get the scoop on CAFA. 

There is a 45-minute evening presentation at the Colorado Bar Association’s National CLE Conference for Civil Litigation, which gives you plenty of time to get that rocky mountain high. This marathon for mind and body runs from January 5-10, 2007.

The sessions start barely after dawn and end well beyond sundown, but there are big midday gaps to let you process what you’ve learned while working your way around the moguls (snow bumps, not captains of industry).

As a courtesy to ski bums, “Latest Developments in Class Action Litigation: The Class Action Fairness Act Two Years Later” is scheduled for 6:00 p.m. on Friday, January 5, 2007. It would be a shame not to stick around for Tuesday’s late afternoon session, “Ethics at the Movies!” featuring attorneys on the big and little screens. Wednesday at 7:00 a.m. it’s “The Lawyer’s Winning Edge Part II, Personalized Trial Skills Workshop.” 

Posted By McGlinchey Stafford at 10:28 AM | Comments / Questions (0)

Chicago is the City of Broad Shoulders, so feel free to don that power suit for the Practising Law Institute’s “Federal Civil Practice Update 2006: Important New Developments and Strategies,” at the University of Chicago on November 13, 2006.  If you go, make sure you go a day early and enjoy some brats and brew while you watch Da Bears take on the New York Giants at Solider Field on November 12, 2006.  Get your Bears tickets here. 

The University of Chicago is a heady place, so it is only right that they pack a serious amount of information into a one-day program. Hopefully, you will not have overindulged at the game the day before. 

The day includes sessions about jurisdiction, discovery (including electronic discovery), Rule 11, privileges, ethics, and a session on CAFA. The CAFA segment includes an overview, discussion about retroactive application, information about evolving legal strategies in response to the statute,  interlocutory appeals of class action certifications, and comparisons of Bears' QB Brian Griese to his famous father.  Okay, we are just kidding about the last one.

While you are in Chicago, ponder our favorite question about Chicago, one of our favorite cities.  If they can dye the Chicago River green every St. Patrick's Day, why can't they dye it blue the other 364 days of the year?

Posted By McGlinchey Stafford at 10:28 AM | Comments / Questions (0)

Not every lawyer can say he’s been immortalized onscreen by John Travolta. But can he boogie in tight white pants? Not that movie, silly, so put away your disco ball.  Jan R. Schlichtmann, played by Travolta in “A Civil Action,” will be on hand at the 6^th Annual Class Action/Mass Tort Symposium to share war stories about handling large-scale litigation that brought him to the big screen.

The symposium will be held in New Orleans in October, just about the time everyone is only too happy to say goodbye to three-shirt days of infinite perspiration.  Help the city celebrate by attending the 6^th Annual Class Action/Mass Tort Symposium sponsored by the Louisiana Bar Association on October 20, 2006.

CAFA is on the agenda, and that panel features Edward F. Sherman, Moise F. Steeg, Jr. Professor of Law at Tulane University Law School.  (Editor's Note:  See the CAFA Law Blog analysis of Professor's Sherman's Law Review article on CAFA posted on September 1, 2006).  Panels focusing on pharmaceutical litigation, and pre-certification communication with putative class members are among the sessions that round out the day-long program.

Posted By McGlinchey Stafford at 09:55 AM | Comments / Questions (0)

“We pillage, we plunder, we rifle and loot. Drink up me 'earties, Yo Ho!” So, when you’re finished hanging out with Captain Jack Sparrow and the other mates on the Black Pearl during the Labor Day weekend, spend some time penning a submission to the CAFA Law Blog. Davy Jones and all of our other loyal readers are interested in your thoughts on the Class Action Fairness Act.  We challenge you to contribute any submission discussing cases, articles, legislative history, or any other issue surrounding the Class Action Fairness Act that you find interesting.  

Posted By McGlinchey Stafford at 09:07 AM | Comments / Questions (0)

Do you lie awake at night weighing whether the Class Action Fairness Act is fabulous or a failure? Do you tear at your hair because you can’t think of that perfect class action settlement? 

Posted By McGlinchey Stafford at 08:15 AM | Comments / Questions (0)

Benjamin Franklin is known for saying “Creditors have better memories than debtors,” and we are sure he would have something pithy to say about the Class Action Fairness Act at the 6^th National Advanced Forum on Consumer Finance Class Actions & Litigation this September in New York City.

Reputed to be a very fun guy at parties, we would love nothing better than to bring Franklin back from the Great Beyond to share his fiscal wit and wisdom before taking off for the after-hours club scene.

Instead, we’ll offer the next best thing: our own CAFA Law Blog Editor H. Hunter Twiford III, a featured speaker at the seminar, subtitled “Winning Strategies for Preventing and Defending Claims.” So think hard about spending September 27 and 28 in New York City to load up on information you can use. 

Hunter will team up with McGlinchey Stafford’s Raymond A. Chenault to present “Class Action Fairness Act: Using Evolving Interpretations to Your Advantage.” Among other things, they will share their insights on CAFA’s effect so far on consumer finance class actions, whether CAFA is triggered in cases that have been amended, and whether CAFA is affecting the actual number of cases filed.

That’s only one slice of the pie. These two days are packed with sessions on government investigations, consumer finance arbitration, pre-trial and trial defense tactics, settlement and exit strategies, bankruptcy issues, discovery issues, and more.

Sponsored by the American Conference Institute, speakers include counsel from major players in the consumer finance world. You’ll hear from those on the bench, including the Hon. Carlos T. Bea of the U.S. Court of Appeals for the Ninth Circuit, Judge Gerald Bard Tjoflat from the U.S. Court of Appeals for the Eleventh Circuit, San Francisco Superior Court Judge Richard Kramer and the Hon. Ira B. Warhsawsky, Supreme Court Judge with the 10^th Judicial Circuit in Mineola, New York.

Find out more by surfing over to https://www.americanconference.com/Litigation/cfl.htm.

Posted By McGlinchey Stafford at 08:16 AM | Comments / Questions (0)

Whether you are relaxing over an umbrella drink on a (nearly) deserted island or hunched over your desk, you can get a needed dose of MDL training, as long as you have access to a phone and 90 minutes to spare. Just dial in to the “Professional Development Teleconference Series: Understanding How an MDL Works,” a Mealey’s program.

So set aside some time on July 25, 2006, no matter where you are. The session will be packed with a rundown of the statutes governing MDL, insights from the plaintiff and defense perspectives, and the relationship between federal MDL related state court litigation. Plus there’s a Q&A segment to let you pick the speakers’ brains.

Posted By McGlinchey Stafford at 07:27 AM | Comments / Questions (0)

Think of it as a spa day - or, depending on your sensibilities, as CAFA boot camp - for your class action practice. You can jet to New York City for this one-day seminar that promises takes stock of CAFA’s first year. The event is slated for Saturday, June 27, 2006, so you can do what you’ve probably always hoped for - make the Class Action Fairness Act a significant part of a Big Apple weekend.  The IRS will probably approve, but be sure to check with your tax adviser first.

According to the agenda, “Class Action Fairness Act: One Year Later,” promises to highlight the law’s hot spots, with sessions addressing CAFA’s imprint on specific areas, including mass torts, and class actions in the areas of consumer finance, employment discrimination, and antitrust law. Participants can take a look at the numbers to see if the law has forced any changes in forum-shopping. One segment is devoted solely to key questions as to when an action is “commenced” under CAFA. Find out what the experts think about whether the burden of proof has shifted in removal practice, and how the law’s settlement provisions will affect the complexity and cost of litigation. Finally, the panelists take on CAFA’s interlocutory appeal provision.

Event co-chairs are Joseph M. McLaughlin of Simpson Thatcher & Bartlett LLP and Professor Linda S. Mullenix of the University of Texas School of Law. You’ll convene at the Yale Club, Darlings.

 For more info, see the "Class Action Fairness Act: One Year Later" link at  http://www.thomsonlegalworks.com/events/default.aspx.

Posted By McGlinchey Stafford at 06:00 PM | Comments / Questions (0)

With the posting of Patterson v. Dean Morris, L.L.P., 444 F.3d 365 (5^th Cir. March 24, 2006) on June 1, 2006, the CAFA Law Blog has now posted 100 (yup - exactly 100 - count 'um if you don't believe us) case summaries of opinions construing and interpreting the Class Action Fairness Act.  That's a bunch of cases in the short period of time since the February 18, 2005 effective date of CAFA and even less since we went live on September 6, 2005, shortly after Hurricane Katrina hit New Orleans and the Mississippi Gulf Coast.  That means we have provided our readers with 100 opportunities to educate themselves (and ourselves) about the statute itself, understand how the courts have construed CAFA, and hopefully, maybe even have a laugh or two.  We've certainly had at least our fair share editing the blog and coming up with the titles and some of the commentary.  So, join us in raising a glass to celebrate this small milestone along our journey of documenting and commenting on the Class Action Fairness Act.  We plan to post hundreds more!  - The Editors

Posted By McGlinchey Stafford at 06:10 PM | Comments / Questions (1)

Ethics issues are always tough, and class action practice adds some twists. The good news is that you can get the scoop on the key issues without leaving the office by signing up for “Ethics in Class Actions,” a teleconference sponsored by the LexisNexis Professional Development Center. The 90-minute format covers a slew of topics. You’ll hear about the right and wrong side of advertising, conflicts of interest, communicating with class representatives, settlements and attorneys fees. The point of view is that of counsel representing plaintiffs, but the information is promoted as being important for lawyers on both sides of the “v.”

Posted By McGlinchey Stafford at 05:32 PM | Comments / Questions (1)

Ethics issues are always tough, and class action practice adds some twists. The good news is that you can get the scoop on the key issues without leaving the office by signing up for “Ethics in Class Actions,” a teleconference sponsored by the LexisNexis Professional Development Center. The 90-minute format covers a slew of topics. You’ll hear about the right and wrong side of advertising, conflicts of interest, communicating with class representatives, settlements and attorneys fees. The point of view is that of counsel representing plaintiffs, but the information is important for lawyers on both sides of the “v.”

You’ll have the latest on how to remain in sync with the ABA Model Rules and the particular challenges of dealing with specific issues class actions raise, such as what sort of information class members must receive to make informed decisions about settlement, and what counsel must do to keep the class informed and to field queries from class members. The presenter is Reed Kathrein, partner with the San Francisco office of Lerach Coughlin Stoia Geller Rudman & Robbins, LLP, where his class action practice targets securities litigation and consumer fraud cases.

Want to know more? Check out the brochure online.

Posted By McGlinchey Stafford at 05:49 AM | Comments / Questions (0)

As many have realized, law blogs, sometimes called "blawgs," are quickly overtaking firm websites as a major marketing tool to increase that firm's visibility on the web and to offer practice niche services to their clients. Due to the recent proliferation of law blogs, attorneys are encountering novel legal issues, ranging from marketing their firms through their blawgs, to fielding intellectual property and employment questions from clients who have their own blogs. Law Seminars International saw a need for a conference addressing just those issues - the discussion will center both on blogging as a legal gray area and as a legal marketing tool.

Posted By McGlinchey Stafford at 02:56 AM | Comments / Questions (0)

Pulling in some heavy hitters from the realms of legal academia, practice and the bench, the University of Missouri-Kansas City Law School promises to step up to the plate to provide serious class action information as it hosts a live symposium tying together class action litigation -- past, present and future. "20th Anniversary of Schutts: Class Actions in the New Millennium," to be held on April 7, 2006, marks the landmark U.S. Supreme Court decision which set constitutional limits on state courts seeking blanket application of the forum's law to nationwide class actions.

Posted By McGlinchey Stafford at 02:59 PM | Comments / Questions (0)

House counsel and the defense bar cannot afford to let their guard down in the class action litigation world after the adoption of the Class Action Fairness Act of 2005 -- this is one of the messages urged by the American Conference Institute, the sponsor of the "3rd National In-House Counsel Conference on Defending and Managing Complex Litigation," an Atlanta-based seminar scheduled to convene March 30 and 31, 2006. There is also a special "master class" session discussing CAFA on March 29th entitled, "Master Class on Assessing What CAFA Means for Your Clients, Cases, and Practice."

Posted By McGlinchey Stafford at 01:20 PM | Comments / Questions (0)

"I am proud of the Class Action Fairness Act," Sen. Orrin Hatch (R-Utah) declares at an American Bar Association seminar. The Class Action Fairness Act was "a long time coming," but the statute is a key aspect of balanced effort to combat the "explosion of litigation to which corporations are subject," Sen. Hatch told a roomful of lawyers attending "The Future of Class Action Litigation in America," a November event sponsored by the ABA's Tort Trial & Insurance Section. (Editor's Note: See the CAFA Law Blog post on October 5, 2005, regarding the conference). Sen. Hatch, one of CAFA's primary authors, noted that CAFA balances the right of access to the courts against huge costs to businesses facing a surge in litigation.

Posted By McGlinchey Stafford at 12:45 PM | Comments / Questions (0)

Conference goers in the class action arena can take a look at the class action world after nearly a year of living with the Class Action Fairness Act of 2005 at a San Francisco seminar slated for February 9 and 10, 2006. Sponsored by CLE International, this two day seminar will feature judges and practitioners who plan to delve into cases interpreting CAFA, as well as issues concerning settlement, consumer and consumer lending class actions and employment class actions. Two of the featured presenters scheduled to appear are the Hon. Richard Kramer of the San Francisco County Superior Court, and the Hon. Ronald Sabraw of the Alameda County Superior Court, who are scheduled to speak on "A Judicial Perspective on Class Actions." A brochure of the seminar is available online at www.cle.com.

Posted By McGlinchey Stafford at 12:39 AM | Comments / Questions (0)

The Class Action Fairness Act of 2005 and California's Proposition 64 are on the table for discussion at a 2006 seminar entitled "Class Actions: Innovative Strategies to Successfully Litigate and Meet the Business and Legal Challenges." Sponsored by Law Seminars International, the event is scheduled to convene February 9-10, 2006 in Philadelphia. The Hon. Michael M. Baylson of the U. S. District Court for the Eastern District of Pennsylvania and the Hon. Mark I. Bernstein of the First Judicial District of Pennsylvania are scheduled to offer their "Views from the Bench." Other sessions include an analysis of the crossroads of antitrust law and class action law, class arbitration, and certification of nationwide and multi-state classes under state law. An online brochure of the seminar is available at www.lawseminars.com.

Posted By McGlinchey Stafford at 12:32 AM | Comments / Questions (0)

Those who need a quick shot of CAFA can dial into "Class Certification - How to Get a Class Certified or Defeat Certification," a December 14, 2005 teleconference sponsored by Mealey's. The two-hour session will be moderated by David Eldreth, Editor, LexisNexis®, Mealey's, and will feature a presentation by Paul Rheingold, of Rheingold, Valet, Rheingold, Shkolnik & McCartney, with other speakers to be announced. Topics scheduled to be covered include new legal and practical challenges faced as a result of the adoption of the Class Action Fairness Act of 2005; expanding diversity jurisdiction; removal of state court class actions and limitations on federal courts' authority to remand; acceleration of appellate review; settlement procedures for federal court class actions; and regulation of coupon settlements. More information is available under the "conferences" link at www.mealeys.com

Posted By McGlinchey Stafford at 11:08 AM | Comments / Questions (0)

Anthony Rollo, Co-editor of the CAFA Law Blog and head of McGlinchey Stafford's nationally recognized Class Action Defense Group, was asked to participate in the "Class Actions in the Gulf South and Beyond" symposium sponsored by the Tulane Law Review.

Following upon the success of the 2000 symposium entitled "Class Actions in the Gulf South" (available at 74 Tul. L. Rev. 1603-2268), the Tulane Law Review had planned to host a Fall 2005 live symposium entitled "Class Actions in the Gulf South and Beyond." However, in the wake of Hurricane Katrina and the resultant uncertainties, the Law Review cancelled the live conference, but advises that it will still feature professors, practitioners, judges, and students from across the country in its print symposium, in which topics of local and national importance will be addressed, including "Viability of State Class Actions," "Choice of Law Complexities in Multistate Class Actions," "Settlements after the Class Action Fairness Act of 2005," "Ethical Issues arising in Class Actions" and "Post-Hurricane Class Actions." Stay tuned to CAFA Law Blog for more information as New Orleans continues its rebuilding efforts.

Posted By McGlinchey Stafford at 11:21 AM | Comments / Questions (0)

The second installment of the 9th Annual Institute on Class Actions, sponsored by the American Bar Association Section of Litigation and the ABA Center for CLE, is scheduled for Friday, October 7, 2005, at the Sir Francis Drake Hotel in San Francisco. The first session was held on September 23rd in Chicago, as reported by the CAFA Law Blog in an earlier post. Another "What You Hafta Know About CAFA" session led by Hon. Lee Rosenthal, a U. S. District Judge from Houston, Texas, is on the morning program.

Posted By McGlinchey Stafford at 10:46 AM | Comments / Questions (0)

No matter your take on class action litigation or the Class Action Fairness Act, this November conference promises "something for everyone" and some clues as to the future effects of CAFA. "The Future of Class Action Litigation in America" is an ABA-sponsored conference slated for November 9th through 11th, 2005 at the Ritz-Carlton Hotel in Washington, D.C., featuring judges, lawyers and law professors on the seminar panels. CAFA is the first item on the agenda during the overview session led by the Hon. Jed Saul Rakoff, United States District Judge for the Southern District of New York. The balance of the program will touch on a number of critical issues under the CAFA umbrella, including the new law's impact on multi-state class actions, the judiciary's perspective on CAFA, and settlement and bankruptcy issues.

Posted By McGlinchey Stafford at 10:14 AM | Comments / Questions (0)

This has been an explosive year on the class action scene, particularly with the passage of the Class Action Fairness Act of 2005, and practitioners in the class action arena may want to calendar the 15th Annual Litigation & Resolution of Complex Class Actions Institute, a Glasser event produced by Legalworks, a company within Thompson Publishing. This year, the Institute convenes on November 16 and 17 in San Francisco and on December 1 and 2 in New York City. The Class Action Fairness Act is featured on the agenda.

Posted By McGlinchey Stafford at 10:24 PM | Comments / Questions (0)

The American Conference Institute is hosting its "5th Annual Winning Strategies for Defending and Settling Consumer Finance Litigation & Class Actions" on Monday, September 26, 2005 and Tuesday, September 27, 2005 in New York City, at the Westin Times Square. ACI bills this seminar as "an advanced program with experienced consumer finance attorneys who will offer expert advice on how to successfully strategize, defend, and settle consumer finance class actions" who will provide "invaluable perspectives, insights, and expertise on emerging issues affecting consumer finance class actions."

Posted By McGlinchey Stafford at 09:43 AM | Comments / Questions (0)

The Ninth Annual National Institute on Class Action, co-sponsored by the American Bar Association Section on Litigation and the ABA Center for CLE will convene on September 23, 2005 in Chicago and on October 7, 2005 in San Francisco.

Posted By McGlinchey Stafford at 08:27 PM | Comments / Questions (0)