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O’Melveny’s Anderson Publishes Second Edition of The Class Action PlaybookSeptember 26, 2012
O’Melveny & Myers LLP Washington, DC partner Brian Anderson and Andrew Trask, counsel at McGuire Woods LLP, have published the Second Edition of The Class Action Playbook, a comprehensive guide to class action litigation strategy.
The Class Action Playbook, first published in 2010 by Oxford University Press, is a “how to” guide for practitioners seeking to bring or defend a class action. Applying their extensive experience litigating class actions, Anderson and Trask analyze the decisions a plaintiff and defendant must make at each stage of a proposed class action, and the considerations that drive different strategies at each stage. The book addresses the initial shape of the action, choice of forum, case management schedules, pre-certification discovery and motions, briefing and argument of the class certification motion, class notice, preparation for trial, class settlements, and the binding effect of class action judgments.
The book’s first edition received wide critical praise. It was cited by Judge Richard Posner in Thorogood v. Sears, Roebuck and Company. Ted Frank, head of the Center for Class Action Fairness and editor of Point of Law Blog, said the book “instantly became the best practitioners’ guide to class actions out there: I would definitely go to Anderson-Trask now before I go to the often sloppy Newberg treatise.” And Paul Karlsgodt, editor of ClassActionBlawg, said “[a]side from being an accessible and comprehensive practitioner’s guide to litigating class actions, the book is filled with entertaining quips and illustrations that make it an enjoyable read from cover to cover.”
Now, Anderson and Trask have released the book’s Second Edition, which includes coverage of six important class action decisions from the Supreme Court’s 2010 and 2011 terms that redefine the commonality requirement and address when Rule 23(b)(2) class actions may be certified, enforce arbitration agreements in the class action context, address securities plaintiffs’ need to prove loss causation, define the extent to which securities plaintiffs must plead scienter or materiality, hold that foreign securities plaintiffs may not bring suit in the US, and hold that state substantive rules prohibiting class actions do not trump Rule 23. The Second Edition also incorporates commentary on class action litigation issued by the American Law Institute’s statement of the Principles of Aggregate Litigation and discusses new tactics employed by plaintiffs and defendants over the last two years.