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O’Rourke to Speak at the State Bar of California

July 22, 2010

O’Melveny partner Ken O’Rourke (LA) will be speaking at the State Bar of California’s MCLE session entitled “The Potential Impact of Dukes on Class Certification in Antitrust and UCL Cases in the Ninth Circuit,” on July 22, 2010.

In Dukes v. Wal-Mart Stores, Inc., a Ninth Circuit en banc panel clarified the standard district courts in the Ninth Circuit must apply when deciding whether to certify a class under Federal Rule of Civil Procedure 23. Although arising in the context of an employment discrimination suit, Dukes has significant implications for class certification in antitrust and UCL cases.

The tele-seminar will explore these implications, identify the challenges and opportunities presented by Dukes and predict how district courts in antitrust and UCL actions are likely to respond to Dukes. Topics will include the nature of the district court`s Rule 23 duty to resolve factual issues overlapping with the merits, the Rule 23 scrutiny a district court must apply to expert opinion evidence, and the plaintiff`s burden of proof at the Rule 23 stage.

1.0 Total Participatory MCLE Credits will be awarded for participation in this session.

To register, see The Potential Impact of Dukes on Class Certification in Antitrust and UCL Cases in the Ninth Circuit or go to www.calbar.org/online-cle and select Tele-Seminars and Webinars.