Message from the Chairs

Welcome to the Class Actions and Derivative Suits Committee website and the 2009–10 committee. Our committee is one of the largest and most active in the Section of Litigation. We aim to create a welcoming and helpful community of lawyers to educate and share ideas about both the fundamentals of class actions—and the cutting edge of the law. Our committee includes (among other things):

Programs, Meetings and Networking
The Class Actions and Derivative Suits Committee provides a wealth of CLE programming focused on the issues of the day. Our members plan and conduct the Annual National Institute on Class Actions every fall (the 13th Annual this year)—which we believe is the preeminent program on class actions each year. This year’s program will begin with a presentation by Professor John C. Coffee on new developments in class action litigation. Also, on the agenda are programs that will examine issues concerning arbitration and class action waivers, recent developments in the standards for certifying a class, and advice for both plaintiffs and defense counsel on settling class actions. Even lunch provides a table by table discussion led by a committee member on your topic of interest.

» Register Now for October 30 in San Francisco, CA
» Register Now for November 20 in Washington, DC

In addition, our committee normally provides multiple programs for the Annual Litigation Section meeting in April (three programs this past meeting) and for the Annual ABA meeting in the summer. Again, our members design, moderate, or speak at these programs. In addition, we often sponsor CLE teleconferences between meetings.
At the spring Section meeting, we will also normally plan a “no host” dinner where members can attend and meet other class action lawyers. Please let us know if you are attending and we can provide you with details.

50 State Law Class Action Survey

Each year, our members draft a complete survey—state by state—of class action law. We offer this volume as a tool for both in-house and outside counsel who confront the prospect of litigating class actions in state forums with which they may have little or no experience and having to make informed recommendations on removal. 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. This survey is available free of charge to members of the Section and available for purchase from the ABA Webstore.

Newsletters—Top Quality Substantive Cutting Edge Law
Our committee publishes a law journal quality newsletter four times a year, featuring substantive—practical articles by leading lawyers, judges, and academics. Our newsletter regularly receives top marks from the Section. The newsletters (free of charge to members) are packed with information, analysis, and strategies for both newer and more seasoned litigators.

Website
We aim to provide a complete reference tool for our committee—as well as a substantive tool for your class action—and derivative suits practice. We suggest you browse our entire site. For instance, our site includes articles, e-alerts/recent updates, current and past newsletters with depth and quality, lists of subcommittees and contact information, information about upcoming meetings and programs—among many things. We have a team of web editors who spend considerable time keeping our site updated with the most current information. We promise you will find it helpful.

For instance, our webpage includes a recent update on In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305 (3rd Cir. 2008)—a case which joins several other Circuits in requiring more evidence at the class certification stage and applying more scrutiny to the class certification decision and experts in support of class certification. Taken to its logical end, this decision could be a landmark change in class certification standards and has generated significant debate within the class action bar.

E-Alerts
We publish periodic “e-alerts,” which are very brief email messages alerting our members to upcoming meetings or events, new cases or legislation, or other legal development or information of interest to our members.

Subcommittees, State Liaisons and Breadth of Coverage
None of these resources or programs would be possible without the work of our wonderful subcommittees, including programs, newsletter, membership, website, emerging issues and a whole host of substantive law subcommittees. We need you to join a subcommittee—become a subcommittee chair. Email or call us today.

Our committee has resources and programs on all aspects of class actions—including derivative suits and on international class actions. CADS also spans many substantive areas of the law. For instance, our resources, programs and subcommittees include:

• Antitrust Law
• Consumer Law
• Derivative Suits
• Employment Law
• International Class Actions
• Mass Torts
• Pharmaceutical & Health Law
• Rule 23
• Securities Law
• State Law

Our committee also has a nationwide network of state liaisons who coordinate with state and local organizations to keep our members up to speed on class action developments at the regional level. We are always looking to expand this network if you would like to get involved.

Membership
Please join our membership today. Our membership subcommittee stands ready to answer questions or assist you in joining immediately. Contact E.K. Cottrell or Theresa Davis.

Submissions
We welcome submissions from committee members for our publications and for programming ideas. If you have a case that you believe would be of interest, please submit a case commentary to our web editors, along with a non-copyrighted copy of the decision. Unsolicited submissions to our newsletter or website are also welcome. Please send articles, of 3,000 words or less, to our newsletter editors.

As your committee chairs, we are always available to discuss new ideas. We welcome any and all suggestions for increasing participation and communication among committee members. We look forward to hearing from many of you soon.

Gregory Cook
Lynda Grant
Co-Chairs, Class Actions & Derivative Suits Committee