Rob Sparkes, a partner in the Boston office of K&L Gates, has extensive experience litigating complex civil and commercial matters, with a focus on defending class actions in federal and state courts.
Loly Tor's practice focuses on complex civil litigation, arbitration, and appellate practice throughout the United States, primarily in the areas of construction and real estate litigation, commercial disputes, product liability, and the defense of consumer protection claims.
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This webinar will address the standards governing evidence presented in support of or in opposition to a motion for class certification in federal court. In particular, we will examine the current circuit split over whether and to what extent courts may consider inadmissible evidence at the class certification stage. We will discuss the current state of the law in each circuit, the different rationales on either side of the split, and trends suggesting how other courts, including the U.S. Supreme Court, might answer this question in the future.
Key topics to be discussed:
Date: May 24, 2023
Robert W. Sparkes, III | K&L Gates
Rob Sparkes, a partner in the Boston office of K&L Gates, has extensive experience litigating complex civil and commercial matters, with a focus on defending class actions in federal and state courts. Rob is a member of the firm’s Commercial Disputes, Class Action Litigation Defense, Financial Institutions and Services Litigation, and Appellate Litigation practice groups. He regularly represents retailers, financial services institutions, including banking, lending, and loan servicing companies, and all manner of business entities in consumer class actions, individual litigation matters, and appeals in federal and state courts throughout the United States. These actions frequently involve claims alleging violations of state consumer protection statutes, violations of federal laws, such as the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act, and various common law causes of action. Rob also has experience representing corporate and individual clients in non-consumer, business litigation, arbitration, and appellate matters, including cases involving contract, tort, product liability, intellectual property, and trade secret claims.
Rob’s experience covers a wide array of subject matters, including the advertising of foods and beverages; the labeling of over-the-counter medication and dietary supplements; the sale of consumer electronics; mortgage loan modifications, automobile financing arrangements, and credit card products; the construction of an oil refinery megaproject; the development of home security system software; and the manufacture of door frames.
Rob has participated in jury and bench trials in state and federal court, has appeared before courts in a variety of proceedings, and has represented clients in settlement negotiations, mediations, and arbitration proceedings.
Rob has also advised consumer financial services entities and other businesses in navigating complex regulatory and compliance issues.
Rob has spoken and written extensively on class action issues, and is the co-author of chapters of the K&L Gates’ treatise entitled Defense of Class Action Litigation in Federal Courts, including chapters on “Class Certification” and “Alternative Dispute Resolution.”
Loly Garcia Tor | K&L Gates
Loly Tor’s practice focuses on complex civil litigation, arbitration, and appellate practice throughout the United States, primarily in the areas of construction and real estate litigation, commercial disputes, product liability, and the defense of consumer protection claims. These practices include UCC Article 2 disputes as well as filing and challenging mechanic’s liens. She represents clients across several industries, including property owners, real estate developers, general contractors, construction managers, and manufacturers and retailers of consumer and building products. Loly also has significant experience defending class actions related to allegations of consumer fraud, breach of warranty, allegedly defective consumer and building products, allegedly deceptive product labels, and personal injury. Because of her experience in federal court, Loly often acts as local counsel in New Jersey and New York federal courts in a wide variety of matters.
In 2020, Loly was chosen as a Leadership Council on Legal Diversity Fellow. Loly was recognized as one of New Jersey’s “New Leaders of the Bar” by the New Jersey Law Journal for 2014. She is also a Leadership in Energy and Environmental Design Accredited Professional (LEED®-AP). Additionally, Loly was recognized repeatedly in the New Jersey Rising Stars list.
Loly is committed to diversity and inclusion and serves on the K&L Gates firmwide diversity committee. She also actively participates in the K&L Gates pro-bono program.
I. The standards, burdens, and rules governing class certification generally | 12:00pm – 12:20pm
II. The admissibility of fact evidence at class certification, including a circuit-by-circuit analysis of courts that require fact evidence satisfy the Federal Rules of Evidence, courts that will consider inadmissible evidence, and courts that have not yet weighed in | 12:20pm – 12:40pm
III. The admissibility of expert evidence at class certification, including a circuit-by-circuit analysis of how courts have applied (or not applied) the Daubert standard to expert evidence touching on class certification issues | 12:40pm – 1:00pm
Break | 1:00pm – 1:10pm
IV. Strategies for managing evidentiary issues in the various circuits, including practical pointers for challenging class certification evidence as well as for avoiding or defending those challenges | 1:10pm – 1:40pm