Taft Takeaways: Class Action Insights and Updates

Date: Tuesday, April 15, 2025
Time: 12 p.m. – 1:15 p.m. EDT
Register HERE.

Please join us for Taft Takeaways: Class Action Insights and Updates, a webinar brought to you by Taft’s Class Action team. Our attorneys will provide their thoughts regarding significant class action matters and related topics, including “forever chemicals,” the Biometric Information Privacy Act (BIPA), arbitration and class action waivers, and the concept of ascertainability.

Agenda:

12:00 – 12:05 p.m.
Introduction and Agenda Overview – Taft’s Class Action Team

12:05 – 12:15 p.m.
The ABCs of Class Actions

Class actions represent high-stakes litigation for corporations and their lawyers. That’s why it’s critical to have a firm grasp of the fundamentals – namely, Rule 23. In this session, Taft Cleveland partner Ron Holman will focus on the key elements for achieving and defeating class certification.

• Presenter: Ron Holman

12:15 – 12:30 p.m.
“Forever Chemicals” and Consumer Class Actions: An Emerging Trend in PFAS Litigation

2025 has brought a new wave of litigation involving “forever chemicals,” also known as PFAS (per- and poly-fluoroalkyl substances). While litigation in this area has often involved either personal injury claims or claims concerning damage to natural resources and municipal water systems, a growing trend of class actions is emerging, implicating consumer protection laws.

In this session, Taft Cincinnati partner Rob Bilott will provide an update on this developing litigation trend. Bilott has gained international prominence by uncovering and disclosing the worldwide impact of environmental contamination by “forever chemicals.” To date, he has secured billions of dollars for a wide array of firm clients adversely impacted by PFAS contamination, including through key leadership positions in the nation’s first class action, personal injury, medical monitoring, and multi-district litigations, and jury trials involving PFAS.

• Presenter: Rob Bilott

12:30 – 12:45 p.m.
Navigating BIPA Perils: Avoiding Costly Class Actions Amid Evolving Case Law

Illinois’ Biometric Information Privacy Act (BIPA) is the most robust and dangerous biometric privacy legislation in the country. Plaintiff’s firms have filed thousands of class actions arising from biometric timeclocks and facial recognition software to virtual sunglass try-on technology and truck driver dash cams. Violations are strict liability and permit recovery for each class member of $1,000 per negligent/unintentional violation or $5,000 per reckless/intentional violation, leading to potentially billions of dollars in exposure. The case law is quickly evolving, driven by a recent amendment and a few key court decisions. Don’t let your company get named in a potentially ruinous BIPA class action!

• Presenters: Ian Fisher and Gillian Lindsay

12:45 p.m. – 12:55 p.m.
Arbitration and Class Action Waivers

Under the Supreme Court’s decisions in AT&T Mobility v. Concepcion and Stolt-Nielsen S.A. v. AnimalFeeds Int’l., agreements to arbitrate are presumed to require arbitration on an individual basis unless the agreement expressly permits class arbitration. As a result, arbitration clauses can be an effective tool to avoid a potential class action. This session will look at the potential benefits and pitfalls of incorporating arbitration clauses into your form agreements and the best practices for doing so.

• Presenter: Mike Zbiegien

12:55 – 1:05 p.m.
Let’s Talk About Ascertainability. Is it an Element of Certification or Not?

The concept of ascertainability requires a plaintiff to show that class members are identifiable. After all, it certainly helps to know who falls into whatever class the named plaintiff wants to represent. But, as we all know, ascertainability is not an express requirement of Rule 23. Recognizing this, courts have mostly held that there is no heightened requirement to ascertain class members before a class is certified. A growing number of courts are breaking away from the majority and are requiring a feasible way to find out who is and who is not in the proposed class. This short segment examines this circuit split over this important concept.

• Presenter: Isaac Colunga

1:05 – 1:15 p.m.
Looking Forward and Conclusion

In this rapid-fire round, each of our presenters will discuss one trend related to class action law they are watching in 2025.

Register by clicking here.

This seminar is pending approval for 1.15 hours of CLE credit in Arizona, Colorado, Illinois, Indiana, Kentucky, Ohio, and Minnesota. There is no cost to attend.

Questions? Contact Megan Riley at mriley@taftlaw.com.