In this new course of study, a distinguished faculty of judges, academics, practitioners, and others examines both the procedural and the substantive sides of the rapidly evolving field of mass litigation.
The course considers class actions, not just under the Class Action Fairness Act (CAFA), but also as they affect ERISA and subprime claims. It discusses discovery (especially as it relates to electronic records), sanctions, case management, evidentiary issues, and the use of expert testimony. Attention is also paid to negotiation of settlements, mediation of claims, post-resolution management of claims and the distribution of proceeds, and punitive damages.
On the substantive side, the course updates registrants on litigation over a number of issues, discusses the increasing use of the Alien Tort Claims Act and Qui Tam proceedings, offers novel theories for recovery, and considers liability for climate change.
International issues receive attention as well. The faculty discusses foreign claims and defendants, foreign product recalls, and cross-border discovery (with emphasis on how foreign privacy laws affect U.S. discovery rules).