Complex Litigation Ethics Conference

On October 18, Hausfeld Partner, Gary I. Smith Jr., will be a panelist at the Complex Litigation Ethics Conference hosted by Huntington and UC Law SF’s Center for Litigation and Courts. Gary will participate on the panel, “Third Party Filers and Candor to the Court,” alongside Joshua P. Davis from Berger Montague, Zim Hang of Claimclam, Cari Campen Laufenberg of Keller Rohrback’s Complex Litigation Group, and Eric Schachter of A.B. Data. The conference will take place on October 17 and 18 at the UC Hastings College of the Law in San Francisco, CA.

The Complex Litigation Ethics Conference brings together luminaries in the field – judges, scholars, lawyers, and others. This year, the Complex Litigation Ethics Conference will address the ethical rules in MDLs and class actions. Data suggest that about half of all cases filed in federal court are part of multidistrict litigation (MDL) proceedings or involve proposed class actions. Yet scant scholarly attention has been paid to the ways in which ethical rules, which are typically designed for traditional litigation, should be adapted and applied to MDLs and class actions.

The panel, “Third Party Filers and Candor to the Court,” will discuss how third-party filers have attracted the attention of the courts and the press. They seek compensation on behalf of absent class members, generally in class settlements and often at a substantial price. The have benefits and costs. On one hand, they can support and streamline the claims administration process, and they may help to maximize their clients’ legitimate claims. Indeed, their clients may have a legal right—even a constitutional right—to their representation. On the other hand, they can gum up the works, and impose heavy costs on courts, class members, class counsel, and claims administrators without adding any meaningful value. They may even extract money from settlements to which their clients have no legal entitlement. A panel of experts will describe this phenomenon, assess its costs and benefits, analyze its ethical implications, and discuss how participants in complex litigation do and should respond.