Global Class Actions Summit 2024

This interactive, informative half-day event brought together DLA Piper’s valued global clients and lawyers to discuss current and emerging issues in class actions and collective redress litigation. The hybrid event was hosted in our London office. Our speakers included Rt Hon Lord David Blunkett, who spoke about plans of a possible Labour Government; the Rt Hon Lord Edward Garnier KC and John Middleton AM KC, who spoke about litigation funding and class actions reforms; and a panel of leading global technology clients, where they discussed their experiences of class actions litigation in the US, UK and Europe.

For 2024, the Summit focused on issues of key concern to our clients, including:

• recent trends in class action laws affecting financial services, life sciences, tech, and multinational businesses
• emerging issues such as AI, ESG, and sustainability litigation
• the rise in employment class actions, focussing on flexible labour models
• the increasing risk of consumer and product liability class actions, particularly in the life sciences sector

Please see our full agenda and speakers below.

13:15 – Client lunch

13:50 – Introductory Remarks – Jeremy Sher, Partner, International Co-Head, Class Actions

14:00 – Managing Risk in a Fragile World: The UK, Europe and Beyond

Jean-Pierre Douglas-Henry, Managing Director of Sustainability and Resilience and Member of DLA Piper’s Executive Committee led a conversation with the Rt Hon. the Lord David Blunkett, Former Home Secretary and Phil Hogan, Former European Commissioner for Trade and for Agriculture and Rural Development, to explore what is coming over the political horizon in the UK (with the forthcoming general election) and the EU in key areas giving rise to major class actions risk, including S+ESG, technology, geopolitical and jurisdiction risk and how our clients can proactively mitigate those risks.

14:45 – Evolving to Everyday: AI’s Ubiquity and What AI Means for the Litigation Landscape

Gareth Stokes, Partner and Co-Leader of DLA Piper’s global AI Practice Group, moderated a distinguished panel to discuss current trends in litigation regarding AI and strategies to mitigate litigation risk for companies using AI systems or tools; litigation concerns that may affect business, including privacy, labour and consumer protection; and AI’s impact on class actions globally.

Panellists:

• Lord Tim Clement-Jones CBE, former Chair of the House of Lords Artificial Intelligence Select Committee
• Scott Murray, Of Counsel, former Director, Commercial Litigation for Apple Inc
• Jonathan Ollivent, Director, Uber
• Sarah Smith, Partner and Head of UK Competition, DLA Piper
  
  

15:30 – Class Actions and Litigation Funding Reform: Lessons from Over the Pond and Downunder

Major changes are being considered for the conduct of collective litigation and deployment of litigation funding in England. Our clients are telling us that you are concerned about the direction of these proposals, especially against the backdrop of a possible Labour Government. The Civil Justice Council is undertaking a review of third-party funding and a possible new Labour Government may adopt proposals first made in 2008 to introduce a generic class actions route. Clients have told us that access for justice is important but so is efficiency, transparency and fairness to both sides. To aid the development of our clients' positions, we've brought together leading experts on law and public policy from the USA, Australia and England to conduct a global conversation, canvassing some of the issues that England might consider as it reflects upon this burgeoning category of litigation and the challenges it imposes on global businesses. In particular, we looked to experiences in the USA and Australia, more mature markets, for lessons that England should consider.

• Keara Gordon, Partner, US Co-Head, Global Class Actions, New York
• The Rt Hon. the Lord Garnier KC, Former Solicitor-General of England and Wales
• The Hon. John Middleton AM KC, Former Justice of the Federal Court of Australia

16:15 – 15 minute break

16:30 – Market Intelligence and Global Perspective

Our global Class Actions team reviewed global differences and common themes in class actions from major mature and emerging markets (USA, Germany, Netherlands, England, South Africa and Canada), including presentation of DLA Piper’s international data and analysis.

• Thomas Gädtke, Partner, International Co-Head, Class Actions, Munich
• Matthew Goldberg, Partner, Litigation & Regulatory, Philadelphia
• Tom Hautvast, Senior Associate, Litigation & Regulatory, Amsterdam
• Sohail Ali, Partner, Litigation & Regulatory, UK
• Matteo Licini, Counsel, Litigation & Regulatory, Milan
• Waseeqah Makadam, Director, Litigation & Regulatory, Johannesburg
• Rebecca Von Ruti, Partner, Co-Head of Class Actions, Canada, Vancouver
   

17:15 – Breakout sessions

Breakout: New Ways of Working, New Challenges: How are Changes to Labour Models Creating Mass Disputes?

Flexible labour models, labour standards and workers’ rights have become one of the most attractive targets for litigation funders. These claims are often heavily economical, with similar fact patterns across the group. Whilst class actions regarding labour misclassification cases have been mostly confined to gig economy platforms to date, across Australia, UK and the EU, we are seeing signs of these actions broadening out into other more ‘traditional’ self-employment models. Our panel of labour law experts from the US, UK and France provided an overview of the current state of play and also forecast where the next actions will arise, and the steps that global businesses can take to try to avoid them.

Leaders:

• Angela Agrusa, Co-Chair, US Class Action, Mass Action & Product Liability Litigation; and Managing Partner, Los Angeles
• Jane Hannon, Partner, Head of Employment, UK
• Vanessa Li, Counsel, Litigation & Regulatory, France
• Anna-Louise Thomond, Senior Associate, Employment

Breakout: Financial Services Class Actions: Evolution or Revolution?

The Financial Services sector has long been at the forefront of class and other collective litigation in the UK, US and Europe. This panel scoped out some of the emerging areas of risk including consumer protection including the re-emergence of mis-selling cases, alleged mortgage prisoners and consumer cases being re-framed as fraud. We also discussed the revolution for the financial services sector as sustainability becomes a framework for litigation.

Leaders:

• Claire Clayton-Stead, Partner, Litigation & Regulatory, UK
• Keara Gordon, Partner, US Co-Head, Global Class Actions
• Stuart Murdoch, Partner, Litigation & Regulatory, UK
• Isabelle Ord, Global Co-Chair, Financial Services sector; US Co-Head, Global Class Actions

Please see session material here.

Breakout: The Global Product Liability Challenge: How Globalisation is Spreading Claims and What Can Be Done

This session canvassed the challenge of managing and defence global product liability claims. From pharmaceuticals to medical devices to consumer goods to food, beverages and drugs, regulatory divergence poses specific challenges for the very best known brands. Litigation funders and claimant lawyers are taking advantage of these differences to bring litigation, especially in the life sciences sector. We considered what are some of the emerging regulatory risks, how these are being litigated and what clients can do to manage these risks.

Leaders:

• Nicole Daniel, Partner, Litigation & Regulatory, Austria
• Teresa Hitchcock, International Co-Head of Product Liability and Mass Torts; and Head of Safety, Health & Environment, UK
• Kieran O’Brien, International Co-Head, Class Actions
• Viktor Radics, Partner, Head of Dispute Resolution, Budapest
• Christopher M. Young, Partner, Litigation & Regulatory
• Siona Spillett, Legal Director, Litigation & Regulatory

18:00 – Closing remarks – Jeremy Sher, Partner, International Co-Head, Class Actions

18:10 – Refreshments