California Employers and Litigators have wrestled for years over how to classify independent contractors and employees and which employees are exempt. In Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court has provided guidance in regards to independent contractor/employee classification with the adoption of the ABC test for determining how to classify an employee or independent contractor. Issues relating to exempt or non-exempt status of workers continues to be fertile ground for litigation in California. This focused program will look in detail at these issues as well as at liability, damages in these cases, settlement.

California Employers and Litigators have wrestled for years over how to classify independent contractors and employees and which employees are exempt. In Dynamex Operations West, Inc. v. Superior Court, the California Supreme Court has provided guidance in regards to independent contractor/employee classification with the adoption of the ABC test for determining how to classify an employee or independent contractor. Issues relating to exempt or non-exempt status of workers continues to be fertile ground for litigation in California. This focused program will look in detail at these issues as well as at liability, damages in these cases, settlement.

The ability to plan and take outstanding depositions determines the value of your case, the outcome of dispositive motions, and who wins at trial. From developing the big picture down to formulating the narrowest questions, learn from a faculty of noted trial attorneys that has conducted more than 5,000 depositions. For many clients, your depositions are their only day in court. Make every question count! Learn techniques used by the best trial lawyers to get the most out of every deposition.

Join us for a masters’ session on witness preparation. A trial story is told through witnesses and your story is only as good as your witness testimony. One of the hardest things attorneys do in preparing for trial is to work with witnesses to control and shape the narrative. This session will explore the process of preparing three types of critical witnesses – fact witnesses, expert witnesses, and opposing witnesses. This program will cover tips for how to structure the direct examination of fact witnesses to communicate their story in a compelling and persuasive manner, how to turn your experts into effective teachers who will win the battle of the experts, and how to handle opposing witnesses to get the information you need to bolster your case and undercut the other side’s case. Learn techniques for organizing direct and cross examinations for maximum impact, effectively using exhibits in examinations, and reinforcing your trial themes. We will explore how to prepare witnesses to answer the tough questions and how to frame difficult issues. Witnesses need to be in the right frame of mind and we will discuss techniques for overcoming psychological barriers and empowering your witness to improve their credibility on the stand.

In California, the Private Attorneys General Act PAGA poised to become the next "it" claim in wage and hour litigation? This program will explore the ever changing PAGA landscape, offering practitioner insight into how best to prepare for the anticipated uptick of representative action litigation.

Procedural Issues and Nuts and Bolts of PAGA – this panel will provide a full picture of what PAGA is, what violations give rise to PAGA liability, how PAGA claims are brought and litigated, and what remedies are available through PAGA.  The panel will describe:  the current procedure for exhausting a PAGA claim with the LWDA (including 2016 amendments); the potential involvement of the LWDA in investigating claims; the relationship between PAGA claims and class action principles; the state of the law on whether PAGA claims are “individual” or “representative” in nature; and how PAGA penalties are calculated.
 
PAGA trials – this panel will describe trial considerations unique to PAGA claims, including:  PAGA-only trials; PAGA claims tried in conjunction with class claims, along with related class definition questions; and how the “representative” nature of a PAGA claim plays out at trial.  The panel will survey examples of PAGA trials to date and identify open questions.
 
Settlement and Arbitration issues – this panel will discuss issues that arise when PAGA claims are subjected to motions to compel arbitration, including recent developments in the Ninth Circuit and California courts concerning “individual-only” arbitration clauses.  The panel will survey recent decisions by courts splitting PAGA and non-PAGA claims, and compelling the non-PAGA claims to arbitration.  The panel will discuss aspects of settlement of PAGA claims, including:  a comparison of the settlement approval process to the more familiar class action settlement approval process; and the valuation of PAGA penalties for purposes of alternative dispute resolution and, subsequently, court settlement approval.

In California, the Private Attorneys General Act PAGA poised to become the next "it" claim in wage and hour litigation? This program will explore the ever changing PAGA landscape, offering practitioner insight into how best to prepare for the anticipated uptick of representative action litigation.

Procedural Issues and Nuts and Bolts of PAGA – this panel will provide a full picture of what PAGA is, what violations give rise to PAGA liability, how PAGA claims are brought and litigated, and what remedies are available through PAGA.  The panel will describe:  the current procedure for exhausting a PAGA claim with the LWDA (including 2016 amendments); the potential involvement of the LWDA in investigating claims; the relationship between PAGA claims and class action principles; the state of the law on whether PAGA claims are “individual” or “representative” in nature; and how PAGA penalties are calculated.
 
PAGA trials – this panel will describe trial considerations unique to PAGA claims, including:  PAGA-only trials; PAGA claims tried in conjunction with class claims, along with related class definition questions; and how the “representative” nature of a PAGA claim plays out at trial.  The panel will survey examples of PAGA trials to date and identify open questions.
 
Settlement and Arbitration issues – this panel will discuss issues that arise when PAGA claims are subjected to motions to compel arbitration, including recent developments in the Ninth Circuit and California courts concerning “individual-only” arbitration clauses.  The panel will survey recent decisions by courts splitting PAGA and non-PAGA claims, and compelling the non-PAGA claims to arbitration.  The panel will discuss aspects of settlement of PAGA claims, including:  a comparison of the settlement approval process to the more familiar class action settlement approval process; and the valuation of PAGA penalties for purposes of alternative dispute resolution and, subsequently, court settlement approval.

The ability to plan and take outstanding depositions determines the value of your case, the outcome of dispositive motions, and who wins at trial. From developing the big picture down to formulating the narrowest questions, learn from a faculty of noted trial attorneys that has conducted more than 5,000 depositions. For many clients, your depositions are their only day in court. Make every question count! Learn techniques used by the best trial lawyers to get the most out of every deposition.

Bridgeport’s Annual Consumer Class Action Conference explores the ever changing landscape of consumer class actions.  This year’s program will include a review of three cases pending before the Supreme Court that will affect class action litigation—two cases regarding the proper interpretation and scope of the Federal Arbitration Act and the other regarding cy pres settlements; the outlook of nationwide settlements in the wake of the Ninth Circuit’s initial opinion and en banc review in In re Hyundai and Kia Fuel Economy Litigation; a one-year review of how the Supreme Court’s decision in Bristol-Myers Squibb is impacting multi-state and nationwide class actions; standing issues in class actions, including how lower courts are applying the Supreme Court’s decision in Spokeo and disputes regarding the requirement of imminent or ongoing harm to seek injunctive relief; and standards for evaluating expert evidence at the class certification stage after Sali v. Corona Regional Medical Center. 

Registration is Closed

Bridgeport’s annual Wage & Hour Update explores and explains in-depth, the critical and changing aspects of Wage & Hour litigation.  This year's program will focus on the ever increasing use of PAGA in wage and hour litigation; key developments in the case law such as Uber & Lyft, Duran; Iskanian; Ayala, interpreting the white collar exemptions, New Legislation, Regulations and Statutes and the enforcement and litigation of arbitration agreements.   The unique format for the program will feature an explanation and then discussion of the aforementioned topics. The program is co-chaired by Timothy J. Long, Orrick and Christina Humphrey, Humphrey & Rist, LLP.

Join us for a masters’ session on witness preparation. A trial story is told through witnesses and your story is only as good as your witness testimony. One of the hardest things attorneys do in preparing for trial is to work with witnesses to control and shape the narrative. This session will explore the process of preparing three types of critical witnesses – fact witnesses, expert witnesses, and opposing witnesses. This program will cover tips for how to structure the direct examination of fact witnesses to communicate their story in a compelling and persuasive manner, how to turn your experts into effective teachers who will win the battle of the experts, and how to handle opposing witnesses to get the information you need to bolster your case and undercut the other side’s case. Learn techniques for organizing direct and cross examinations for maximum impact, effectively using exhibits in examinations, and reinforcing your trial themes. We will explore how to prepare witnesses to answer the tough questions and how to frame difficult issues. Witnesses need to be in the right frame of mind and we will discuss techniques for overcoming psychological barriers and empowering your witness to improve their credibility on the stand.