2026 Agenda

Assignments: Where, to whom, and why
Center of Gravity vs. New Blood strategy
Splitting MDLs by injury type
Monitoring the remand rate to assess exit strategies
Assigning MDLs to “new” judges, even if the district has no direct connection to the case vs centralizing in the district with the majority of parties, witnesses, and evidence

Federal legislative proposal; The Litigation Funding Transparency Act of 2026
State proposals
Disclosure issues
A global shift toward alternative legal-ownership structures?
Implications of non-lawyer ownership as multiple U.S. jurisdictions open their doors
Private equity descends into the legal sector with litigation platforms, valuation strategies, and market-readiness for public listings
ABS frameworks in Washington D.C., Arizona, and Puerto Rico
The Litigant and Judiciary Role
Ethics and Regulatory Obligations
Legislative developments including the California Consumer Legal Funding Bill
The U.K nonlawyer ownership since 2012 under the Legal Services Act 2007; Lessons learned?
A management services organization, or MSO, allows investors to acquire a separate entity that handles the business side of a law firm while the law firm remains lawyer-owned. Lawyers continue to handle legal decisions and client management; the MSO handles the rest.
Consolidation in U.K., Australia, and parts of Europe
Lessons learned from the Slater and Gordon Ltd., an Australian-listed firm and its 2015 acquisition of Quindell’s professional services division

Federal legislative proposal; The Litigation Funding Transparency Act of 2026
State proposals
Disclosure issues
A global shift toward alternative legal-ownership structures?
Implications of non-lawyer ownership as multiple U.S. jurisdictions open their doors
Private equity descends into the legal sector with litigation platforms, valuation strategies, and market-readiness for public listings
ABS frameworks in Washington D.C., Arizona, and Puerto Rico
The Litigant and Judiciary Role
Ethics and Regulatory Obligations
Legislative developments including the California Consumer Legal Funding Bill
The U.K nonlawyer ownership since 2012 under the Legal Services Act 2007; Lessons learned?
A management services organization, or MSO, allows investors to acquire a separate entity that handles the business side of a law firm while the law firm remains lawyer-owned. Lawyers continue to handle legal decisions and client management; the MSO handles the rest.
Consolidation in U.K., Australia, and parts of Europe
Lessons learned from the Slater and Gordon Ltd., an Australian-listed firm and its 2015 acquisition of Quindell’s professional services division

Proposed Rule of Evidence 901(c) in response to deepfakes and digital deception
Proposed Rule of Evidence 707 in response to machine generated evidence that utilizes
AI Judicial Guardrails; AI challenges including evidence authentication and hallucinations
Aligning existing and proposed Federal Rules with digital age technology.
Master AI or Perish AI Challenges and the Associated Ethical Obligations
Agenic vs generative AI
Evidence Authentication and Hallucinations
Aligning Existing and Proposed Federal Rules with Digital Age Technology
Proposed Rule of Evidence 707 in Response to Machine Generated Evidence That Utilizes AI
Proposed Rule of Evidence 901(c) in Response to Deepfakes and Digital Deception (See Haung v Tesla and U.S. v Reffitt)
Federal Rule of Civil Procedure 43 (a) Conducting Remote Proceedings; Proposals for Relaxing Restrictions
NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

Global v inventory
Complying with aggregate settlement ethical rules to avoid fee disgorgement
The Roundup Class Action Settlement
Corporate Restructuring
The Inevitable “Tail”
Critical Parallel Issues (DOJ, AGs, Protecting the Brand, Funding Mechanisms, Media, and Bankruptcy)

Defending claims in an MDL:

The role of Main Street and Wall Street
Managing expectations of the Board, C-suite, and stockholders.
Employing AI
Evaluating risk and developing budgets
The strategic balance between an aggressive defense and exploring early resolution
Venue selection: what to embrace, avoid, or marginalize
How GC’s value Special Masters.
Estimating litigation costs and settlement values in the embryonic stages of the litigation.
The public relation war. Reputation management. Protecting the brand and stock price.
Maintaining attorney-client privilege while interacting with public relation firms.
The selection of national coordinating counsel. Who are the team members. Chemistry? The GC’s role in managing the many cooks in the kitchen.
How GCs manage former stakeholders (e.g., product engineers or former executives)
The impact of Third-Party Litigation Funding on corporate litigation and settlement strategy.
Data breaches concerns and monitoring how data is handled.
Managing huge numbers of employees being interviewed and deposed.

The first-ever Federal Rule specifically for MDLs; Federal Rule of Civil Procedure Rule 16.1
Developing the initial case management orders
Initial activity for Transferee Judges: Who do I appoint to lead the litigation, what are the key criteria, and what’s the selection protocol?
The Role of Special Masters: Rule 16.1(b)(3)(K) includes the referral of matters to a Special Master as a primary consideration for the initial management conference.
Responsible early vetting of cases and claims. Census plus? Lone Pine? Plaintiff fact Sheets? Deficiency triggers?

Counsel in the Crosshairs