Defending Competing and Repetitive Class Actions; Race to Judgment, First-to-File Rule, Venue Transfer, Consolidation, Anti-Suit Injunctions, and More

Multiple actions involving the same subject matter and the same defendant are a common feature of the U.S. class action landscape. And while each repetitive litigation situation stands on its own facts, awareness of weapons available in a defendant's arsenal in dealing with competing class actions is key to the formulation of a successful defense strategy.  Those weapons include (among other things) the first-filed rule, enjoining competing class actions, multi-district litigation, trimming class actions based on personal jurisdiction arguments, and pick-off moves.

Our panel will prepare class action counsel to navigate the unique procedural and substantive complexities of multiple actions involving the same subject matter. The panel will examine the variety of challenges and options for the defendant and defense counsel in addressing competing class actions--including race to judgment, the first-to-file rule, venue transfer, consolidation, anti-suit injunctions, and how courts treat prior pre-certification denial--to cost-effectively formulate successful defense strategy and minimize client exposure.

We will review these and other relevant issues:

• What are the most effective tools for defending multiple class actions?
• What factors inform the strategic choices when defending a client faced with competing and repetitive suits?
• What are the considerations and best practices for class action counsel for managing discovery, evidentiary issues, and expert witnesses in competing and repetitive class actions?
• How can counsel best ensure that information revealed in a state court proceeding does not adversely impact a federal court proceeding or vice versa?