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Class Actions and Mass Arbitration in 2026: The Plaintiff and Defense Playbooks Every Litigator Needs

Whether you bring class claims, defend against them, or just drafted the arbitration clause that now decides the case, you need both playbooks. Build a Rule 23 record that survives commonality and standing, dismantle one that doesn’t, and get mass-arbitration fee exposure under control before it controls you — with circuit-specific guidance for the unresolved post-LabCorp split.

2026-07-09 13:00:00

Program Details

2026-07-09 13:00:00

2026-07-09 13:00:00

Over 1,000+ webinars

2026-07-09 13:00:00

Program Details

2026-07-09 13:00:00

Program Details

2026-07-09 13:00:00

Over 1,000+ webinars

2026-07-09 13:00:00

1000+

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1000+

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Access to live webinars & recordings

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Trusted by Legal Professionals

1000+

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24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

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Trusted by Legal Professionals

Course Overview

Class Action Stakes Hit $79 Billion, and the Same Class Definition Now Wins in One Circuit and Loses in the Next

2026-07-09 13:00:00

You don’t have to be a class-action specialist to get pulled into one. A consumer-facing client gets named, a single arbitration clause triggers thousands of individual demands, and suddenly the templates you’ve relied on are lagging the law. The Supreme Court’s DIG in LabCorp v. Davis left the circuits openly split on whether uninjured class members can survive certification—so the same class definition can clear one court and collapse in another. Add the 2024 AAA and JAMS mass-arbitration fee schedules, the $38 billion Visa/Mastercard swipe-fee settlement, and the $1.5 billion Bartz v. Anthropic class—the largest copyright settlement in U.S. history—and every attorney with a pending Rule 23 motion, a consumer client, or an arbitration clause on file is exposed. This program delivers both playbooks side by side: the plaintiff record-building toolkit and the defense attack sequence. You’ll leave able to structure a Comcast-compliant damages model, draft a class definition that holds in your circuit, calibrate a Rule 23(f) petition before the 14-day clock runs, and draft arbitration agreements that survive unconscionability review while managing mass-arbitration fee exposure under current rules.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Case selection
The 68% grant rate informs which substantive areas are most and least certifiable.
02
Daubert management
Managing expert testimony through Daubert at the certification stage to support class proof.
03
Tyson evidence
Challenging statistical extrapolations that cannot be linked to each class member’s individual circumstances.
04
Mass arbitration
AAA and JAMS rule changes replaced per-case fees with flat initiation fees structures.
05
Objector practice
Rule 23(e)(5) requires court approval for any payment made to a class objector.
06
Settlement benchmarks
Visa/Mastercard $38 billion and Bartz v. Anthropic $1.5 billion reset portfolio exposure analysis.

Program schedule

clock 1:00 pm - 2:00 pm EST

Plaintiff-Side Rule 23 Certification Playbook

Build a certification record that survives commonality, predominance, and standing attacks. Structure Comcast-compliant damages models, draft ascertainable class definitions, and position your case for the unresolved LabCorp uninjured-member split across circuits.

Madelyn PetersenMadelyn Petersen
Collin VierraCollin Vierra
clock 2:10 pm - 3:10 pm EST

Defense-Side Class Certification Playbook

Deploy commonality attacks, TransUnion standing challenges, and Comcast damages-model assaults at every procedural stage. Calibrate Rule 23(f) petitions, draft arbitration agreements that survive unconscionability review, and manage mass arbitration fee exposure under the 2024 AAA and JAMS rules.

Madelyn PetersenMadelyn Petersen
Collin VierraCollin Vierra
Madelyn Petersen

Madelyn Petersen

Cohen Milstein Sellers & Toll PLLC

Collin Vierra

Collin Vierra

Eimer Stahl LLP

Madelyn Petersen

Madelyn Petersen

Cohen Milstein Sellers & Toll PLLC

Madelyn Petersen is an Associate at Cohen Milstein Sellers & Toll PLLC, where her practice focuses on litigating class actions on behalf of consumers who have been misled, deceived, or harmed by large corporations. Working across the firm’s Consumer Protection and Mass Torts practices, she advances cases that hold corporate actors accountable for deceptive and exploitative business practices, with the goal of fashioning a fairer consumer marketplace and a more just economic system.

Education & Credentials

Madelyn earned her Juris Doctor from Harvard Law School in 2019 and her Bachelor of Arts from the University of Nebraska-Lincoln in 2016. She is admitted to practice in the District of Columbia.

Recognition & Leadership

While at Harvard Law School, Madelyn served as Managing Editor of the Harvard Journal of Law and Gender and as Online Content Editor for the Harvard Civil Rights-Civil Liberties Law Review. She was also a board member of the Harvard Prison Legal Assistance Project, reflecting her early commitment to public-interest legal service.

Professional Involvement

During law school, Madelyn participated in Harvard Law School's International Human Rights Clinic and held legal internships with three leading public-interest organizations: the Corporate Accountability Lab, the Advancement Project, and Oxfam America. These experiences shaped her approach to corporate accountability litigation and her focus on systemic remedies for consumer harm.

Experience

Madelyn joined Cohen Milstein after serving as a Law Fellow at the firm from 2021 to 2022, where she worked across multiple practice groups on individual and class action matters at both the district and appellate levels. Prior to her fellowship, she clerked for the Honorable William P. Dimitrouleas of the United States District Court for the Southern District of Florida from 2019 to 2021. Her current docket includes certified consumer class actions against the U.S. Department of State, General Motors, Meta Platforms, GreenSky, Siemens, and Ford Motor Company.
Collin Vierra

Collin Vierra

Eimer Stahl LLP

Collin Vierra is a Partner at Eimer Stahl LLP, where his nationwide practice focuses on complex trial and appellate litigation, commercial and consumer mass arbitration, and counseling. His work spans data privacy and AI, discrimination, products liability, commercial disputes, antitrust and unfair competition, environmental law, and government regulation, and clients trust him with their most high-stakes and cutting-edge disputes.

Education & Credentials

Collin earned his Juris Doctor from Stanford Law School, his Master of Arts in Economics from Stanford University (where he was a Gregory Terrill Cox Fellow in the John M. Olin Program in Law and Economics), and his Bachelor of Science in Engineering from the Massachusetts Institute of Technology (MIT), where he was a member of the Pi Tau Sigma Mechanical Engineering Honors Society and an engineering apprentice in the Pappalardo Laboratory. He is licensed to practice in California, Texas, and Tennessee (Practice Pending Admission), and is admitted before multiple U.S. District Courts and the Second, Seventh, Eighth, and Ninth Circuit Courts of Appeals.

Recognition & Leadership

Collin chairs Eimer Stahl's Mass Arbitration Practice Group and co-chairs the firm's Data Privacy and AI Practice Group. He has been recognized by Benchmark Litigation as a 40 & Under honoree in 2024 and 2025, named a Law.com/The Recorder Lawyer on the Fast Track in 2025, recognized by Legal 500 as a Recommended Lawyer in General Commercial Disputes (noting his "particular prowess in mass arbitration defense"), identified by Top Verdict as having obtained one of the top verdicts in California in 2024, and named to Best Lawyers: Ones to Watch in America for 2026.

Professional Involvement

Collin is a featured speaker on mass arbitration and complex litigation issues, having presented to numerous institutions including the American Bar Association, the Federalist Society, the U.S. Chamber Litigation Center, Stanford Law School, MassArbCon, the Association of Corporate Counsel, and the Data Privacy and Cyber Security ConfEx. His expert analysis has been published in Law360 and EimerStahl Insights, and he is a current member of the MIT Free Speech Alliance.

Experience

Collin has helped companies respond to over a quarter of a million individual demands for arbitration across the social networking, consumer hardware, and consumer entertainment industries, obtaining tens of thousands of dismissals without settlement payment. He defends clients under BIPA, CIPA, CCPA, VPPA, and other privacy statutes, and has represented major companies in consumer class actions, MDLs, and investigations by the DOJ, FTC, SEC, FDA, and Attorneys General of more than 45 states.
Madelyn Petersen

Madelyn Petersen

Cohen Milstein Sellers & Toll PLLC

Madelyn Petersen is an Associate at Cohen Milstein Sellers & Toll PLLC, where her practice focuses on litigating class actions on behalf of consumers who have been misled, deceived, or harmed by large corporations. Working across the firm’s Consumer Protection and Mass Torts practices, she advances cases that hold corporate actors accountable for deceptive and exploitative business practices, with the goal of fashioning a fairer consumer marketplace and a more just economic system.

Education & Credentials

Madelyn earned her Juris Doctor from Harvard Law School in 2019 and her Bachelor of Arts from the University of Nebraska-Lincoln in 2016. She is admitted to practice in the District of Columbia.

Recognition & Leadership

While at Harvard Law School, Madelyn served as Managing Editor of the Harvard Journal of Law and Gender and as Online Content Editor for the Harvard Civil Rights-Civil Liberties Law Review. She was also a board member of the Harvard Prison Legal Assistance Project, reflecting her early commitment to public-interest legal service.

Professional Involvement

During law school, Madelyn participated in Harvard Law School's International Human Rights Clinic and held legal internships with three leading public-interest organizations: the Corporate Accountability Lab, the Advancement Project, and Oxfam America. These experiences shaped her approach to corporate accountability litigation and her focus on systemic remedies for consumer harm.

Experience

Madelyn joined Cohen Milstein after serving as a Law Fellow at the firm from 2021 to 2022, where she worked across multiple practice groups on individual and class action matters at both the district and appellate levels. Prior to her fellowship, she clerked for the Honorable William P. Dimitrouleas of the United States District Court for the Southern District of Florida from 2019 to 2021. Her current docket includes certified consumer class actions against the U.S. Department of State, General Motors, Meta Platforms, GreenSky, Siemens, and Ford Motor Company.
Collin Vierra

Collin Vierra

Eimer Stahl LLP

Collin Vierra is a Partner at Eimer Stahl LLP, where his nationwide practice focuses on complex trial and appellate litigation, commercial and consumer mass arbitration, and counseling. His work spans data privacy and AI, discrimination, products liability, commercial disputes, antitrust and unfair competition, environmental law, and government regulation, and clients trust him with their most high-stakes and cutting-edge disputes.

Education & Credentials

Collin earned his Juris Doctor from Stanford Law School, his Master of Arts in Economics from Stanford University (where he was a Gregory Terrill Cox Fellow in the John M. Olin Program in Law and Economics), and his Bachelor of Science in Engineering from the Massachusetts Institute of Technology (MIT), where he was a member of the Pi Tau Sigma Mechanical Engineering Honors Society and an engineering apprentice in the Pappalardo Laboratory. He is licensed to practice in California, Texas, and Tennessee (Practice Pending Admission), and is admitted before multiple U.S. District Courts and the Second, Seventh, Eighth, and Ninth Circuit Courts of Appeals.

Recognition & Leadership

Collin chairs Eimer Stahl's Mass Arbitration Practice Group and co-chairs the firm's Data Privacy and AI Practice Group. He has been recognized by Benchmark Litigation as a 40 & Under honoree in 2024 and 2025, named a Law.com/The Recorder Lawyer on the Fast Track in 2025, recognized by Legal 500 as a Recommended Lawyer in General Commercial Disputes (noting his "particular prowess in mass arbitration defense"), identified by Top Verdict as having obtained one of the top verdicts in California in 2024, and named to Best Lawyers: Ones to Watch in America for 2026.

Professional Involvement

Collin is a featured speaker on mass arbitration and complex litigation issues, having presented to numerous institutions including the American Bar Association, the Federalist Society, the U.S. Chamber Litigation Center, Stanford Law School, MassArbCon, the Association of Corporate Counsel, and the Data Privacy and Cyber Security ConfEx. His expert analysis has been published in Law360 and EimerStahl Insights, and he is a current member of the MIT Free Speech Alliance.

Experience

Collin has helped companies respond to over a quarter of a million individual demands for arbitration across the social networking, consumer hardware, and consumer entertainment industries, obtaining tens of thousands of dismissals without settlement payment. He defends clients under BIPA, CIPA, CCPA, VPPA, and other privacy statutes, and has represented major companies in consumer class actions, MDLs, and investigations by the DOJ, FTC, SEC, FDA, and Attorneys General of more than 45 states.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

Upcoming Live Online CLE Broadcasts

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Pending
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs