appointing five law firms as class counsel in gender discrimination case
How later courts described this case
- appointing five law firms as class counsel in gender discrimination case
Written by the judges who cited it.
The opinion
1 Laura L. Ho (SBN 173179)
lho@gbdhlegal.com
2 Anne Bellows (SBN 293722)
abellows@gbdhlegal.com
3 GOLDSTEIN, BORGEN, DARDARIAN & HO
155 Grand Avenue, Suite 900
4 Oakland, CA 94612
(510)763-9800; (510) 835-1417 (Fax)
5
Andrew Wolff (SBN 195092)
6 andrew@awolfflaw.com
LAW OFFICES OF ANDREW WOLFF, PC
7 1615 Broadway, 4th Floor
Oakland, CA 94612
8 (510)834-3300; (510) 834-3377 (Fax)
9 Jesse Newmark (SBN 247488)
jessenewmark@centrolegal.org
10 CENTRO LEGAL DE LA RAZA
3022 International Blvd., Suite 410
11 Oakland, CA 94601
(510)437-1863; (510) 437-9164
12
Attorneys for Plaintiffs and Relators and the Certified Classes
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14 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
15 SACRAMENTO DIVISION
16
UNITED STATES OF AMERICA, ex rel. Case No.: 2:15-CV-00799-KJM-DB
17 DENIKA TERRY, ROY HUSKEY III, and
TAMERA LIVINGSTON, and each of them for CLASS ACTION
18 themselves individually, and for all other persons
similarly situated and on behalf of the UNITED JOINT STIPULATION AND ORDER FOR
19 STATES OF AMERICA APPOINTMENT OF THE IMPACT FUND
AS CLASS COUNSEL
20 Plaintiffs/Relators,
Trial Date: None Set
21 vs.
22 WASATCH ADVANTAGE GROUP, LLC,
WASATCH PROPERTY MANAGEMENT, INC.,
23 WASATCH POOL HOLDINGS, LLC,
CHESAPEAKE APARTMENT HOLDINGS, LLC,
24 LOGAN PARK APARTMENTS, LLC, LOGAN
PARK APARTMENTS, LP, ASPEN PARK
25 HOLDINGS, LLC, BELLWOOD JERRON
HOLDINGS, LLC, BELLWOOD JERRON
26 APARTMENTS, LP, BENT TREE
APARTMENTS, LLC, CALIFORNIA PLACE
27 APARTMENTS, LLC, CAMELOT LAKES
HOLDINGS, LLC, CANYON, CLUB
HOLDINGS, LLC, COURTYARD AT CENTRAL
1 PARK APARTMENTS, LLC, CREEKSIDE
HOLDINGS, LTD, HAYWARD SENIOR
2 APARTMENTS, LP, HERITAGE PARK
APARTMENTS, LP, OAK VALLEY
3 APARTMENTS, LLC, OAK VALLEY
HOLDINGS, LP, PEPPERTREE APARTMENT
4 HOLDINGS, LP, PIEDMONT APARTMENTS,
LP, POINT NATOMAS APARTMENTS, LLC,
5 POINT NATOMAS APARTMENTS, LP, RIVER
OAKS HOLDINGS, LLC, SHADOW WAY
6 APARTMENTS, LP, SPRING VILLA
APARTMENTS, LP, SUN VALLEY HOLDINGS,
7 LTD, VILLAGE GROVE APARTMENTS, LP,
WASATCH QUAIL RUN GP, LLC, WASATCH
8 PREMIER PROPERTIES, LLC, WASATCH
POOL HOLDINGS III, LLC,
9 and DOES 1-4,
10 Defendants.
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1 Plaintiffs Denika Terry, Roy Huskey III, and Tamera Livingston (“Plaintiffs”) and Defendants
2 Wasatch Advantage Group, LLC, Wasatch Property Management, Inc., Wasatch Pool Holdings, LLC,
3 Chesapeake Apartment Holdings, LLC, Logan Park Apartments, LLC, Logan Park Apartments, LP,
4 Aspen Park Holdings, LLC, Bellwood Jerron Holdings, LLC, Bellwood Jerron Apartments, LP, Bent
5 Tree Apartments, LLC, California Place Apartments, LLC, Camelot Lakes Holdings, LLC, Canyon
6 Club Holdings, LLC, Courtyard at Central Part Apartments, LLC, Creekside Holdings, Ltd., Hayward
7 Senior Apartments, LP, Heritage Park Apartments, LP, Oak Valley Apartments, LLC, Oak Valley
8 Holdings, LP, Peppertree Apartment Holdings, LP, Piedmont Apartments, LP, Point Natomas
9 Apartments, LLC, Point Natomas Apartments, LP, River Oaks Holdings, LLC, Shadow Way
10 Apartments, LP, Spring Villa Apartments, LP, Sun Valley Holdings, Ltd., Village Grove Apartments,
11 LP, Wasatch Quail Run Gp, LLC, Wasatch Premier Properties, LLC, and Wasatch Pool Holdings III,
12 LLC (“Defendants”) (collectively, the “Parties”), by and through their respective counsel, hereby
13 stipulate, pursuant to Local Rule 143, to appoint the nonprofit law firm the Impact Fund as class
14 counsel in this matter and jointly request that the Court approve this stipulation:
15 WHEREAS on July 30, 2018, this Court granted Plaintiffs’ motion for class certification as to
16 the Rule 23(b)(3) class and granted conditionally Plaintiffs’ motion for class certification as to the Rule
17 23(b)(2) class.
18 WHEREAS this Court previously appointed Centro Legal de la Raza and the Law Offices of
19 Andrew Wolff, PC as class counsel on July 30, 2018.
20 WHEREAS this Court later appointed Goldstein, Borgen, Dardarian & Ho as class counsel on
21 May 21, 2019, following stipulation by the parties.
22 WHEREAS Plaintiffs wish to have the Impact Fund appointed as class counsel in order to
23 bring additional resources and expertise to the litigation of their class action.
24 WHEREAS the Declaration of Jocelyn D. Larkin, filed herewith, sets forth her experience and
25 expertise in class action litigation, as well as the Impact Fund’s history of prosecuting class actions.
26 WHEREAS Defendants consent to the appointment of the Impact Fund as class counsel.
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1 WHEREAS under Rule 23(c)(1)(B) and Rule 23(g), a court appoints class counsel based on a
2 variety of factors, including the work counsel has done in identifying or investigating potential claims
3 in the action; counsel’s experience in handling class actions, other complex litigation, and the types of
4 claims asserted in the action; counsel’s knowledge of the applicable law; and the resources that counsel
5 will commit to representing the class. Fed. R. Civ. P. 23(g)(1)(A). The Declaration of Jocelyn D.
6 Larkin filed in support of this stipulation provides further evidence demonstrating that Plaintiffs’ new
7 counsel have considerable experience in class actions, are qualified to represent the proposed class, and
8 can be expected to perform their responsibilities adequately in light of that experience, the record to
9 date in this case, and related considerations.
10 WHEREAS since being retained, the Impact Fund has been working closely with Centro Legal
11 de la Raza, the Law Offices of Andrew Wolff, PC, and Goldstein, Borgen, Dardarian & Ho to litigate
12 this case in an effective manner. See Larkin Decl. ¶ 6.
13 WHEREAS proposed class counsel are experienced in handling class actions and other
14 complex litigation, including with regard to housing. See Larkin Decl. ¶¶ 3-5.
15 WHEREAS proposed class counsel are knowledgeable of the applicable law. The declaration
16 submitted in support of this stipulation demonstrates that proposed class counsel have expertise in class
17 actions and housing, and are capable of adequately representing Plaintiffs in the prosecution of this
18 class action. See id.
19 WHEREAS the Impact Fund will commit sufficient resources to represent the class. The
20 Impact Fund, along with co-counsel, are advancing costs for this class action. Such a mechanism for
21 funding litigation is appropriate in a case such as this. See, e.g., Irwin v. Mascott, 96 F. Supp. 2d 968
22 (N.D. Cal. 1999). See Larkin Decl. ¶ 7.
23 WHEREAS the Impact Fund meets the standard for adequacy because plaintiffs and their new
24 counsel have no interest that is antagonistic to the interests of the class, but rather share a common
25 interest in challenging Defendants’ unlawful actions. See Larkin Decl. ¶ 8.
26 WHEREAS, the Impact Fund has been found adequate to represent classes of individuals in
27 numerous cases. See Larkin Decl. ¶ 3 & Ex. A.
1 WHEREAS the appointment of additional class counsel is appropriate given the magnitude and
scope of the litigation. The appointment of the Impact Fund is reasonably necessary and appropriate to
3|| effectively represent the class. The use of multiple law firms in large scale class actions 1s routine.
See Ellis v. Costco Wholesale Corp., -- F. Supp. 2d --, 2012 WL 4371817, *55 (N.D. Cal. Sept. 25,
2012) (appointing five law firms as class counsel in gender discrimination case).
6 THEREFORE, the Parties stipulate that the Court enter the following order:
7 The law firm of the Impact Fund is adequate to serve as class counsel and are hereby appointed
8 || as Class Counsel for the Classes previously certified by this Court on July 30, 2018.
9
Dated: September 30, 2021 Respectfully submitted,
1] GOLDSTEIN, BORGEN, DARDARIAN & HO
12
/s/ Anne Bellows
13 Anne Bellows
14 Attorneys for Plaintiffs and Relators
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6 Dated: September 30, 2021 Respectfully submitted,
CENTRO LEGAL DE LA RAZA
18 /s/ Jesse Newmark (as auhorized on 9/30/21)
Jesse Newmark
19
20 Attorneys for Plaintiffs and Relators
Dated: September 30, 2021 Respectfully submitted,
22 LAW OFFICES OF ANDREW WOLFF
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/s/ Andrew Wolff (as auhorized on 9/30/21
Andrew Wolff
25 Attorneys for Plaintiffs and Relators
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Dated: September 30, 2021 Respectfully submitted,
2 IMPACT FUND
3
/s/ Jocelyn Larkin (as auhorized on 9/30/21)
4 Jocelyn Larkin
5 Attorneys for Plaintiffs and Relators
6
4 Dated: September 30, 2021 Respectfully submitted,
LEWIS BRISBOIS BISGAARD & SMITH LLP
9 /s/ Ryan Matthews (as auhorized on 9/30/21)
Ryan Matthews
10
Attorneys for Defendants
12 This order resolves ECF No. 139.
13 IT IS SO ORDERED.
14
Dated: _ November 1 2021
CHIE D STATES DISTRICT JUDGE
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1 Laura L. Ho (SBN 173179)
lho@gbdhlegal.com
2 Anne Bellows (SBN 293722)
abellows@gbdhlegal.com
3 GOLDSTEIN, BORGEN, DARDARIAN & HO
155 Grand Avenue, Suite 900
4 Oakland, CA 94612
(510)763-9800; (510) 835-1417 (Fax)
5
Andrew Wolff (SBN 195092)
6 andrew@awolfflaw.com
LAW OFFICES OF ANDREW WOLFF, PC
7 1615 Broadway, 4th Floor
Oakland, CA 94612
8 (510)834-3300; (510) 834-3377 (Fax)
9 Jesse Newmark (SBN 247488)
jessenewmark@centrolegal.org
10 CENTRO LEGAL DE LA RAZA
3022 International Blvd., Suite 410
11 Oakland, CA 94601
(510)437-1863; (510) 437-9164
12
Attorneys for Plaintiffs and Relators and the Certified Classes
13
14 UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
15 SACRAMENTO DIVISION
16
UNITED STATES OF AMERICA, ex rel. Case No.: 2:15-CV-00799-KJM-DB
17 DENIKA TERRY, ROY HUSKEY III, and
TAMERA LIVINGSTON, and each of them for CLASS ACTION
18 themselves individually, and for all other persons
similarly situated and on behalf of the UNITED DECLARATION OF JOCELYN D. LARKIN
19 STATES OF AMERICA
20 Plaintiffs/Relators, TrialDate: None Set
21 vs.
22 WASATCH ADVANTAGE GROUP, LLC,
WASATCH PROPERTY MANAGEMENT, INC.,
23 WASATCH POOL HOLDINGS, LLC,
CHESAPEAKE APARTMENT HOLDINGS, LLC,
24 LOGAN PARK APARTMENTS, LLC, LOGAN
PARK APARTMENTS, LP, ASPEN PARK
25 HOLDINGS, LLC, BELLWOOD JERRON
HOLDINGS, LLC, BELLWOOD JERRON
26 APARTMENTS, LP, BENT TREE
APARTMENTS, LLC, CALIFORNIA PLACE
27 APARTMENTS, LLC, CAMELOT LAKES
HOLDINGS, LLC, CANYON,CLUB
HOLDINGS, LLC, COURTYARD AT CENTRAL
1 HOLDINGS, LTD, HAYWARD SENIOR
APARTMENTS, LP, HERITAGE PARK
2 APARTMENTS, LP, OAK VALLEY
APARTMENTS, LLC, OAK VALLEY
3 HOLDINGS, LP, PEPPERTREE APARTMENT
HOLDINGS, LP, PIEDMONT APARTMENTS,
4 LP, POINT NATOMAS APARTMENTS, LLC,
POINT NATOMAS APARTMENTS, LP, RIVER
5 OAKS HOLDINGS, LLC, SHADOW WAY
APARTMENTS, LP, SPRING VILLA
6 APARTMENTS, LP, SUN VALLEY HOLDINGS,
LTD, VILLAGE GROVE APARTMENTS, LP,
7 WASATCH QUAIL RUN GP, LLC, WASATCH
PREMIER PROPERTIES, LLC, WASATCH
8 POOL HOLDINGS III, LLC,
and DOES 1-4,
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Defendants.
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1 I, Jocelyn D. Larkin, declare as follows:
2 1. I am a member in good standing of the Bar of the State of California. I am providing
3 this declaration of counsel in support of the joint stipulation and proposed order for appointment of the
4 Impact Fund as Class Counsel. I have personal knowledge of the facts set forth in this Declaration and
5 could and would testify competently to them.
6 2. I am a 1983 graduate of the University of California, Los Angeles School of Law and
7 Executive Director of the Impact Fund in Berkeley, California. The Impact Fund was founded in
8 1992. The organization’s mission includes providing advice, counseling, and training in class action
9 and complex litigation for social justice litigators. The organization maintains an active class action
10 litigation docket, has authored dozens of amicus briefs in class action cases, and has participated in
11 hearings of the federal Advisory Committee on Civil Rules regarding rules of civil procedure,
12 particularly Rule 23.
13 3. I joined the Impact Fund in December 1999 and became the Executive Director in July
14 2010. A copy of my resume is attached as Exhibit A. During my time with the Impact Fund, I have
15 been appointed class counsel in major civil rights class actions, including Ellis v. Costco Wholesale
16 Inc., 657 F.3d 970 (9th Cir. 2011), Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), and Parra v.
17 Bashas’, Inc., 536 F.3d 975 (9th Cir. 2008). I am the co-editor of the Class Action Strategy and
18 Practice Guide, published in 2018 by the American Bar Association. I have twice received the
19 California Lawyer Magazine Attorney of the Year (CLAY) Award for Employment Law (2005 and
20 2015).
21 4. I will be joined by the Impact Fund’s Director of Litigation and Training, Lindsay
22 Nako. Ms. Nakograduated from the University of California, Berkeley School of Law in 2005 and is
23 admitted to practice law in California and before this Court. Before joining the Impact Fund, Ms.
24 Nako was a shareholder at anOakland-based employment law firm, where she litigated extensively in
25 the areas of employment discrimination and employee benefits. At the Impact Fund, Ms. Nako has led
26 class and impact litigation challenging workplace discrimination and the illegal denial of public
27 benefits. Ms. Nako has been appointed class counsel in multiple class actions, including Akaosugi v.
1 Costco Wholesale Inc., 657 F.3d 970 (9th Cir. 2011); and Orsolini v. Mead Clark Lumber Co., No. C
2 10-04478 (N.D. Cal.). Ms. Nako was named a “Top Woman Attorney in Northern California”and
3 “Northern California Rising Star”by Super Lawyers Magazine and San Francisco Magazine each year
4 from 2009 to 2015 and received the East Bay Community Law Center’s annual Attorney Award in
5 2012. She served as a Lawyer Representative for this District and the Ninth Circuit from 2017 to
6 2019. She now serves as a mediator with the ADR Program for the United States District Court for the
7 Northern District of California.
8 5. In addition to the cases cited in paragraph 3 above, the Impact Fund was appointed class
9 counsel in Williams v. City of Antioch, No. C 08-02301 SBA, 2010 WL 3632197 (N.D. Cal. Sept. 2,
10 2010), where we represented a certified class of African-American Section 8 housing voucher holders
11 challenging a local police department’s systematic targeting of Section 8 households. The case
12 resolved in 2012.
13 6. The Court previously appointed co-counsel Centro Legal de la Raza,the LawOffices of
14 Andrew Wolff, PC, and Goldstein, Borgen, Dardarian & Ho as class counsel. My firm is working
15 cooperatively with those firms in litigating this case. The four firms have been coordinating to ensure
16 that tasks are accomplished in an effective manner that avoids duplication of effort. In my experience,
17 it is not unusual to have a number of plaintiffs’ law firms cooperate to jointly litigate complex,
18 resource intensive class actions in this manner.
19 7. The Impact Fund has handled many large class actions in conjunction with co-counsel
20 firms. My firm will commit the staffing and other resources required to represent the class to a
21 successful conclusion of this litigation, including advancement of a portion of costs and assignment of
22 experienced attorneys and staff.
23 ///
24 ///
25 ///
26 ///
27 ///
1 8. To my knowledge, the Impact Fund has no conflicts of interest that would prevent the
2|| firm from providing zealous representation of the named plaintiffs and the class.
3 I declare under penalty of perjury under the laws of the State of California and of the United
4|| States that the foregoing is true and correct, and that this Declaration was executed this 30th day of
5|| September 2021, in Berkeley, California.
Le
7 Jo¢elyn D. Larkin
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EXHIBIT A
Jocelyn D. Larkin
2080 Addison St., Suite 5
Berkeley, CA 94704
(510)845-3473, ext. 306
jlarkin@impactfund.org
www.impactfund.org
EMPLOYMENT
Impact Fund, Berkeley, CA (December 1999 – present)
Executive Director (July 2010 to the present)
Deputy Executive Director (November 2009 to July 2010)
Director of Litigation and Training (December 1999 to October 2009)
I represent and have represented employees in many Title VII class actions,
including Wal-Mart Stores v. Dukes, 564 U.S. 338 (2011); Ellis v. Costco
Wholesale Corp., 657 F.3d 970 (9th Cir. 2011); and Parra v. Bashas’ Stores Inc.,
536 F.3d 975 (9th Cir. 2008). I also regularly author amicus briefs on a wide
range of employment and class action subjects in federal and state courts. For
more than a decade, I organized an annual conference of plaintiffs’ class action
practitioners, attended by over 200 lawyers, to discuss case law and strategy. I
also developed and regularly teach an annual three-day Class Action Training
Institute, which uses a hypothetical case file to teach class action strategy and
practice to a small group of lawyers.
Law Offices of Jocelyn D. Larkin (January 1997 – December 1999)
I represented employees in mediation, severance negotiations and litigation. I
also represented California class members in the Amchem Products v. Windsor
litigation before the Third Circuit and the U.S. Supreme Court.
Founding Partner, Ryu, Dickey & Larkin (January 1995 to January 1997)
I represented employees in class action and individual litigation, including the
class in the gender discrimination class action, Vandell v. Chevron Corp., No.
945302 (S.F. Superior Court).
Partner, Saperstein, Goldstein, Mayeda & Larkin (April 1987 to June 1993) – Partner,
1991 – 93; Associate 1987 – 1990)
I represented employees in a wide range of class action and individual litigation,
including discrimination, privacy and wrongful termination cases. The most
important case was a class action gender discrimination class action, which I was
co-tried over eight weeks, to a successful judgment. Stender v. Lucky Stores, 803
F.Supp. 259 (N.D. Cal. 1992). The case ultimately settled for $120 million.
Litigation Associate, Heller, Ehrman, White & McAuliffe, San Francisco (September
1984 – April 1987)
Fellow, Center for Law in the Public Interest (September 1983 – September 1984)
EDUCATION
University of California, Los Angeles School of Law, Juris Doctor degree, May 1983,
Order of the Coif, UCLA Law Review.
University of California, San Diego, B.A. Political Science, Department Honors, June
1980.
BAR ADMISSIONS
Admitted to the California Bar, December 1983.
Admitted to practice before the United States Supreme Court, the California Supreme
Court, the Second, Third, Sixth, Seventh and Ninth Circuit Courts of Appeal, and all
federal district courts in California.
PROFESSIONAL ACTIVITIES
American Bar Association, Section of Litigation (1997 to the present)
Federal Practice Task Force (2016 – 2019)
Class Action and Derivative Suits Committee
Committee Co-Chair (2010 – 2013);
Newsletter Co- Editor (2007 - 2010);
Outstanding Subcommittee Chair Award (2007 – 2008)
Employment Subcommittee Co-Chair (1997 - 2006)
Task Force on Federal Pleading Standards (2010).
Task Force on Implicit Bias (2012).
Special Committee on the Future of Civil Litigation (2009 - 2010).
American Civil Liberties Union of Northern California
Legal Committee (2014 – present)
Ninth Circuit Judicial Conference
Lawyer Representative (2013 – 2015).
U.S. District Court, Northern District of California
Lawyer Representative (2012 – 2015).
Expedited Jury Trial Committee (2010 - 11).
Civil Justice Research Initiative, Berkeley Law
Board Member (2019 – present).
Berkeley Fair Campaign Practices Commission, Commissioner (2005-2009); Vice-
Chair (2007 - 2009).
WorkLife Law Advisory Board, UC Hastings College of the Law (2007-2011).
National Employment Lawyers Association, (1992 to the present).
Bar Association of San Francisco, Litigation Committee (2005 to the present).
Legal Aid Society-Employment Law Center, San Francisco, Board of Directors (1991
–2002).
Common Cause, National Governing Board Member (1998 - 2004).
Common Cause Educational Fund, Board Member (2001 – 2004).
California Common Cause, Chair of the Board and Board Member (1998 – 2002)
Board Member (1994 – 1998).
Learning Differences Network, Founder and Co-Chair, Head-Royce School, Oakland,
CA (2001 – 2011).
AWARDS AND HONORS
Mary Burdick Advocate Award, Western Center on Law and Poverty (October 2018)
California Lawyer Magazine Attorney of the Year (CLAY) Award – Employment
(March 2015)
Fellow, College of Labor and Employment Lawyers (November 2013)
Daily Journal’s Top 75 California Labor and Employment Lawyers (2013, 2014)
Inductee, Alameda County Women’s Hall of Fame (March 31, 2012)
Alumna of the Year, Head-Royce School (April 30, 2011)
SuperLawyer, Northern California (2008, 2009)
Daily Journal's Top 75 Women Litigators (May 2008).
SuperLawyer, Top 50 Women Lawyers in Northern California (2007)
California Lawyer Magazine Attorney of the Year (CLAY) Award – Employment
(March 2005)
Center for Law in the Public Interest – Alumni of the Year (June 2005).
SELECTED PUBLICATIONS AND PAPERS
Larkin, J. & Cook, G., Co-Editors, Class Action Strategy and Practice Guide, (ABA
Publications, 2018)
Larkin, J., Chapter Author, Class Action Fairness Act: Law and Strategy, (ABA
Publications, 2014)
Larkin, J. & McGuinness, A., Class Actions 101: What Every Solo Practitioner Needs to
Know About Class Actions, Class Action and Derivative Suit Committee Newsletter,
(ABA Section of Litigation, September 2014)
Larkin, J., Has the Dust Settled? Class Certification After Wal-Mart Stores v. Dukes,
ABA-EEO Committee Mid-Winter Meeting, March 2014
Barnett, D. & Larkin, J., Must Have Class-wide Proof of Damages But Can’t Have Trial
by Formula? Resolving the Whipsaw Between Comcast and Dukes, ABA Labor and
Employment Law Conference, November 2013
Larkin, J. & Barnett, D., Living in a Post-Dukes World: What is the Meaning of Trial by
Formula?” Class Action and Derivative Suit Committee Newsletter, (ABA Section of
Litigation, Fall 2013)
Larkin, J., Class Actions 101: We All Still Need Class Actions, Class Action and
Derivative Suit Committee Newsletter, (ABA Section of Litigation, Summer 2012).
Larkin, J., Expert Witnesses in EEO Class Actions: What Does Wal-Mart v. Dukes Mean
for Future Cases, November 2011.
Larkin, J., Recent California and Federal Cases on Cy Pres Distribution in Class
Settlements, January 2011.
Larkin, J. & Cook, G, Class Actions 101: Where Did My Class Action Go: MDL for
Beginners, Class Action and Derivative Suit Committee Newsletter, (ABA Section of
Litigation, Fall 2010).
Larkin, J., Chavez, M. & Alvarez, F., Litigating on the Fault Line: Class Action Law in
California, ABA Section of Litigation National Class Action Institute (October 2009);
reprinted in Class Action and Derivative Suit Committee Newsletter, (ABA Section of
Litigation, Winter 2010).
Larkin, J., Pick Me, Pick Me: Getting Appointed as Class Counsel, Class Action and
Derivatives Suit Committee Newsletter, (ABA Section of Litigation, Spring/Summer
2009), reprinted in ABA Litigation News (online newsletter).
Larkin, J., Getting It In: The Admissibility of Electronically Stored Information in
Employment Litigation, prepared for National Employment Lawyers Association, Annual
Meeting (Rancho Mirage, June 24, 2009)
Larkin, J. & Bass, G., Affirmatively Litigating - Co-Counseling With Private Law Firms
on Major Litigation, Clearinghouse Review: Journal of Poverty Law and Policy (Shriver
Center, March-April 2009).
Larkin, J., Stereotypes and Decision-making: Reconciling Discrimination Law With
Science, California Public Employee Relations Journal (Inst. for Research on Labor and
Employment, October 2008).
Larkin, J. & Boddy, J., Understanding and Evaluating Stereotyping Evidence: Applying
the Social Science to the Law and to the Evidence, Federal Judicial Center, National
Workshop for District Judges (San Antonio, September 2008).
Larkin, J, When and How Do I Send Class Notice in Federal Class Actions?, Class
Action and Derivatives Suit Committee Newsletter, (ABA Section of Litigation,
Spring/Summer 2008).
Larkin, J, How Do I Get this Class Action Settlement Approved? Q & A for New
Lawyers about Federal Rule of Civil Procedure 23(e), Class Action and Derivative Suit
Committee Newsletter, (ABA Section of Litigation, Winter/Spring 2008).
Larkin, J, Can I Appeal this Class Certification Order? Q & A for New Lawyers on Rule
23(f), Class Action and Derivative Suit Committee Newsletter, (ABA Section of
Litigation, Fall 2007).
Ryu D. & Larkin, J, “A Gender Discrimination Class Action from the Point of View of
Plaintiffs’ Lawyers,” in SEX DISCRIMINATION IN THE WORKPLACE, (Blackwell
2007).
Co-Editor, Class Actions Chapter, in Lindemann, Grossman & Weirich, EMPLOYMENT
DISCRIMINATION LAW (BNA 2007).
Larkin, J. Preserving the Employment Bias Class Action – Dukes v. Wal-Mart, Class
Action Litigation, Vol. 8, No. 6 (BNA March 23, 2007)
Larkin, J. Expert Disputes in EEO Class Actions: What’s Daubert Got to Do with It?,
prepared for ABA Section of Labor and Employment Law, EEO Committee Mid-Winter
Meeting (La Jolla 2006).
Larkin, J. and Webber, C., Challenging Subjective Criteria in Employment Class Actions,
prepared for ABA Litigation Section Meeting, Class Action and Derivative Suits
Committee, (New York, 2005).
Larkin, J. and Alvarez, F., Ten Reasons Why Discrimination Class Actions Do and Do
Not Get Certified, (2005).
Larkin, J., Plaintiffs’ Perspective On Alch v. Superior Court and Brooks v. William
Morris Agency, California Labor & Employment Law Review, Vol. 18, No. 6 (Cal. State
Bar Foundation December 2004).
Larkin, J., Title VII Class Actions and Punitive Damages: A Guide to Class Certification
and Trial, (2004)
Larkin, J. Commentary on New Class Action Fairness Act, California Labor and
Employment Law Review (Cal. State Bar Foundation , 2005).
Larkin, J., Incentive Awards to Class Representatives in Class Action Settlements,
California Labor & Employment Law Review, Vol. 18, No. 3 (Cal. State Bar Foundation
June 2004)
Larkin, J. & Coukos, P., Rule 23 Revisions: Ten Tips For Plaintiffs’ Lawyers, prepared for
American Bar Assn. Section of Litigation, Seventh Annual National Institute on Class Actions
(October 2003).
Seligman, B. & Larkin, J., Fluid Recovery and Cy Pres: A Funding Source for Legal
Services
Larkin, J., Incentive Awards to Named Plaintiffs, Class Action Litigation, Vol. 3, No. 6
(BNA March 22, 2002)
Larkin, J. Keeping Your Business and Professions Code § 17200 Claim in State Court –
How to Avoid Removal to Federal Court, Forum Magazine (CAOC January/February
2002).
Seligman, B. & Larkin, J., Lessons in Class Certification, Trial Magazine, (ATLA
October 2001)
Larkin, J., The Use of Experts in Employment Class Action Trials, prepared for National
Employment Lawyers Association, Annual Meeting (Seattle June 28, 2001)
Larkin, J. & Seligman, B., Certification and Trial of Title VII Class Actions, Civil Rights
Litigation and Attorneys Fees Annual Handbook (West Group, 2001).
Larkin, J., A Plaintiff’s Perspective on the EEO Implications of Salary Decision-Making
by Corporate Managerial Groups, prepared for ABA Labor and Employment Section,
EEO Committee Mid-Winter Meeting (Tucson, March 2000)
SELECTED TRAINING, PRESENTATIONS, TESTIMONY AND PANELS
Recent Developments in Civil Rights Class Action Law, Impact Fund Class Action
Conference (Online, February 25, 2021)
Class Actions and Social Justice Reform, Pound Civil Justice Institute, Lewis and Clark
Law School (Portland, OR, November 1, 2019)
A Winning Hand or a Flop: After 50 Years, Are Class Actions Still Legit?, ABA
National Institute on Class Actions (Las Vegas, NV, October 19, 2016)
The Reading and Misreading of Recent Supreme Court Class Action Decisions, Keynote
Address, Consumer Attorneys of San Diego Class Action Conference (San Diego, CA,
May 2, 2014)
Title VII After 50 Years: Still Room for Creativity?, ABA-EEO Committee Mid-Winter
Meeting (Rancho Mirage, CA, March 28, 2014)
Comments on Proposed Amendments to Federal Civil Rules, Testimony on Proposed
Amendments to Civil Rules for Discovery (Phoenix, AZ, Jan. 9, 2014)
Overcoming New Hurdles to Class Certification, ABA Labor and Employment Law
Conference (New Orleans, LA, November 7, 2013)
Trial By Formula, ABA Class Action Institute 2013 (Boston, MA, October 24, 2013)
Class Actions, Cy Pres and Legal Services, State Bar of California Annual Meeting (San
Jose, CA, October 12, 2013)
Recognizing and Understanding Implicit Bias, Legal Aid Association of California
(Webinar, August 28, 2013)
Effective Brief Writing, Disability Rights California Advocacy Staff Training, (Los
Angeles, April 16, 2013)
Representing the Pro Bono Client: Effective Written Advocacy, Practising Law Institute
(San Francisco, March 7, 2013)
Recent Developments in Civil Rights Class Action Law, Impact Fund Class Action
Conference (Oakland, March 1, 2013)
The Courthouse Doors: How Much Money Does It Take to Get (and Stay) Inside?,
Twenty-First Century Litigation: Pathologies and Possibilities, Symposium in Honor of
Stephen Yeazell, UCLA Law Review (Los Angeles, January 25, 2013)
Writing Effective Amicus Briefs, Impact Fund and U.C. Davis Supreme Court Clinic
(San Francisco, November 28, 2012)
The Interaction of Rule 23(c)(4) and Rule 23(b)(3) Predominance, National Consumer
Advocates Association, Class Action Symposium (Seattle, October 28, 2012)
Engaging the Judiciary, National Employment Lawyers Association, Bias 2.0: What
Every Advocate Needs to Know (Atlanta, October 12, 2012)
Recent Developments Panel, California Employment Lawyers Association Eighth
Annual Advanced Wage and Hour Seminar (San Francisco, May 18, 2012)
Disability Class Actions After Dukes, Disability Rights Bar Association Legal Strategy
Meeting (Baltimore, April 20, 2012)
Putting Wal-Mart Stores v. Dukes to the Test: Can This Class Be Certified ? Mock Class
Certification Argument, ABA Section of Litigation Annual Conference (Washington
D.C., April 19, 2012)
Dukes I: The Opinion, Its Progeny, And The Effect On Class Litigation, ABA Labor and
Employment Section Annual Meeting (San Francisco, March 21, 2012)
Keynote Speaker, Georgetown Public Interest Law Scholars Annual Dinner (Washington,
D.C., March 14, 2012)
Recent Developments in Employment Discrimination Class Action Law, Impact Fund
Employment Discrimination Class Action Conference, (Berkeley, March 2, 2012).
Changing Landscape: Class Action Litigation after Wal-Mart and AT&T Mobility, ABA
Section of Litigation, Corporate Counsel (Carlsbad, February 18, 2012)
Views From the Bench: The Judiciary Weighs in on the Implications of the Dukes Case
on Class Certification, National Bar Association (St. Maarten, January 19, 2012)
Who’s the Know It All? Expert Testimony, ABA Labor and Employment Law
Conference (Seattle, WA, November 3, 2011)
Subconscious Bias in Employment Cases, Alameda County Bar Association (Oakland,
CA, September 30, 2011)
Effective Written Advocacy for Public Interest Lawyers, Law Foundation of Silicon
Valley (San Jose, CA, July 28, 2011)
Wal-Mart v. Dukes Panel, Bar Association of San Francisco (San Francisco, CA, July 27,
2011)
Put Up Your Dukes: Understanding the Supreme Court Decision, Legal Aid Society –
Employment Law Center Brown Bag Series (San Francisco, CA, July 19, 2011)
Effective Written Advocacy for Public Interest Lawyers, Public Counsel (Los Angeles,
CA, May 20, 2011)
Hot Topics in Class Actions, ABA Section of Litigation Annual Conference, (Miami
Beach, FL, April 14, 2011).
Dukes v. Wal-Mart in the Supreme Court, Sacramento Women Lawyers, (Sacramento,
March 24, 2011)
Recent Developments in Employment Discrimination Class Action Law, Impact Fund
Employment Discrimination Class Action Conference, (Oakland, February 24, 2011).
Attorneys’ Fees: Beyond the Basics, Legal Aid Association of California (Sacramento,
December 8, 2010).
Drafting Effective and Admissible Declarations, Santa Clara County Bar Association
(San Jose, October 8, 2010).
Effective Written Advocacy for Public Interest Lawyers, Law Foundation of the Silicon
Valley, (San Jose, July 22, 2010).
Implicit Bias Research and Practical Applications in Employment Cases, National
Employment Lawyers Association, (Washington D.C., June 26, 2010)
Deconstructing Dukes Webinar Impact Fund (June 9, 2010)
Pleadings and Dispositive Motions Panel, Civil Rules Advisory Committee 2010
Conference on U.S. Civil Litigation, Duke University School of Law (Raleigh-Durham,
N.C., May 10, 2010).
Effective Written Advocacy for Public Interest Lawyers, Legal Services of Northern
California, UC Davis Law School (Davis, April 7, 2010).
Recent Developments in Employment Discrimination Class Action Law, and Iqbal and
Motions to Dismiss Under the Federal Rules, Impact Fund, Employment Discrimination
Class Action Conference, (Oakland, February 24 and 25, 2010).
Attorneys’ Fees Law for Federally-Funded Legal Services Programs, Legal Aid
Association of California (Oakland, CA February 5, 2010; Sacramento, CA February 8,
2010; Los Angeles, March 2, 2010; San Diego, March 9, 2010)
Drafting Effective and Admissible Declarations, Legal Aid Association of California
(Fresno, CA. November 17, 2009).
Recognizing and Addressing Implicit Bias in the Workplace and in the Courtroom, The
Rutter Group, Elimination of Bias (Sherman Oaks, CA, November 11, 2009).
Basics of Attorneys’ Fees Law Webinar, Impact Fund (September 22 & November 5,
2009).
Living on the Fault Line: Class Action Issues in California, ABA Section of Litigation
National Class Action Institute (October 30, 2009).
Effective Written Advocacy for Public Interest Lawyers, Equal Justice Works Fellows
Training (Arlington, VA, October 29, 2009).
Electronic Evidence 2009, National Employment Lawyers Association (Palm Springs,
June 26, 2009).
Ethical Issues in Class Actions Webinar, Impact Fund (May 12, 2009).
Statistics 101 for Public Interest Lawyers, Legal Aid Association of California, Directors
of Litigation and Advocacy Meeting (Los Angeles, April 30, 2009).
Recent Developments in Employment Discrimination Class Action Law, Impact Fund
Employment Discrimination Class Action Conference (Berkeley, March 5, 2009)
Drafting Effective and Admissible Declarations and Effective Written Advocacy for
Public Interest Lawyers, Legal Aid Association of California (Riverside, CA. November
19, 2008).
Pre-Trial Litigation Training, Equal Justice Works (Oakland, November 13 and 14,
2008).
Co-Counseling Webinar, Impact Fund (November 12, 2008).
Effective Written Advocacy for Public Interest Lawyers, East Bay Community Law
Center (February 12, 2009), Public Interest Law Foundation (San Jose, October 3, 2008).
Effective Direct Examination Skills, Protection & Advocacy, Inc. (Sacramento,
September 25, 2008).
Class Action Basics: Federal Law Webinar, Impact Fund, (September 10, 2008).
Understanding and Evaluating Stereotyping Evidence, Federal Judicial Center, National
Workshop for District Judges (Redondo Beach, March 11, 2008; Boston, July 17, 2008;
San Antonio, September 9, 2008).
Recent Developments in Employment Discrimination Class Action Law, Impact Fund
Employment Discrimination Class Action Conference (Berkeley, February 28, 2008)
Novel Legal Ethics Solutions for Unfamiliar Situations, Bar Association of San Francisco
(Yosemite, February 22, 2008)
Effective Written Advocacy for Public Interest Lawyers, Bay Legal Aid (Oakland,
January 29, 2008)
Ethics for Public Interest Lawyers, ACLU of Northern California (San Francisco, January
24, 2008)
Recent Developments in California Class Action Law, Legal Aid Association of
California, Directors of Litigation and Advocacy Meeting (San Francisco, December 14,
2007)
The New Discovery Rules and FLSA Actions, National Employment Lawyers
Association (New Orleans, October 20, 2007).
Civil Appellate Advocacy for Public Interest Lawyers, The Impact Fund and Golden
Gate University School of Law (San Francisco, September 21, 2007); The Impact Fund
and McGeorge School of Law (Sacramento, November 30, 2007); The Impact Fund and
MALDEF (Los Angeles, March 20, 2008).
Work/Life Balance Issues, American Bar Association Annual Meeting, Section of Labor
and Employment Law, (San Francisco, August 10, 2007)
Taking Depositions in Employment Cases, California Employment Lawyers Association
(San Francisco, July 27, 2007)
Labor and Employment Issues in the Retail Industry, State Bar of California, Labor and
Employment Law Section (San Francisco, July 19, 2007)
Negotiations, Legal Aid Association of California (Fresno, July 11, 2007)
Effective Written Advocacy for Public Interest Lawyers, Legal Aid Association of
California (Fresno, July 11, 2007)
Recent Developments in Class and Collective Actions, National Employment Lawyers
Association Annual Meeting (San Juan, June 29, 2007)
The Essentials of E-Discovery, Legal Aid Association of California (Santa Ana, March 1,
2007)
Giving an Effective Presentation with Powerpoint, Legal Aid Association of California
(Santa Ana, February 28, 2007); Western Center on Law and Poverty (Los Angeles, May
1, 2007)
Ninth Circuit’s Class Certification Ruling in Dukes v. Wal-Mart Stores, Bureau of
National Affairs (Audio Conference, April 5, 2007)
What’s New in Disability Rights Class Actions, Bar Association of San Francisco (San
Francisco, November 29, 2006)
When Do You Need An Expert?, National Employment Lawyers Association, Beyond
Stereotypes Conference (Washington D.C., October 14, 2006)
Lessons Learned: Dos and Don’ts for Handling “Hidden Bias” in Employment Claims,
National Employment Lawyers Association, Beyond Stereotypes Conference
(Washington D.C., October 14, 2006)
Best Practices for Co-Counseling and Working with a Litigation Team, Legal Aid
Association of California (Los Angeles, February 2, 2006)
Mediation and Settlement Strategies for Class and Collective Actions, National
Employment Lawyers Association, Impact Litigation Conference (Cambridge, MA,
October 14, 2005)
The Class Action Fairness Act: How Is It Impacting Employment Cases, Bar Association
of San Francisco (San Francisco, July 27, 2005)
Settling Wage and Hour Class Actions and Ethical Issues, California Employment
Lawyers Association, Latest Developments in Wage and Hour Law (San Francisco, July
15, 2005)
Class Action Fairness and Tort Reform, Legal Aid Society – Employment Law Center,
(San Francisco, July 12, 2005)
California Class Action Basics, Bar Association of San Francisco (San Francisco, June
23, 2005)
Dukes v. Wal-Mart Stores: Use of Evidence and Experts to Support Class Certification,
Multi-State Labor and Employment Law Seminar (Tucson, May 21, 2005)
Ethical Issues in Litigating and Settling Class Action Cases, Bar Association of San
Francisco (San Francisco, May 12, 2005)
Big Boxes, Big Cases: The Rise of Mass Employment Class Actions, American Bar
Association Section of Litigation Annual Conference (New York, April 21, 2005)
Investigating and Proving Glass Ceiling Gender Discrimination in the 21st Century,
Sacramento Women Lawyers (Sacramento, March 23, 2005)
You Can Afford to Handle Class Actions, National Employment Lawyers Association,
Annual Meeting (San Antonio, June 26, 2004).
Being Creative in the Search for Truth: Optimizing Your Use of Informal Discovery
Techniques, National Employment Lawyers Association, Discovery and Damages
Conference (San Diego, March 19, 2004).
Class Action Basics 2004, American Bar Association Section of Litigation and Center for
Continuing Legal Education, Multi-Site Teleconference and Live Audio Webcast
(February 10, 2004).
Comments on Proposed Amendments to Civil Rules, Testimony for Public Hearings on
Proposed Amendments to Civil Rules for Electronic Discovery 8-11 (Jan. 12., 2004),
http://www.uscourts.gov/rules/e-discovery/04-CV-028.pdf (opposing proposed Rules
26(b)(2) and 37(f)).
Who Moved My Rule 23?, American Bar Association Section of Litigation, Seventh
Annual National Institute on Class Actions, (San Francisco, October 24, 2003).
Money Matters: Practical Seminar for Impact Litigators, The Impact Fund (Berkeley,
January 26, 2002); (Escondido, February 15, 2002); (Sacramento, November 6, 2002).
Putting the Impact Litigation Team Together, The Impact Fund (Los Angeles, March 17,
2001; Fresno, November 16, 2001)
Class Action Developments, Practicing Law Institute (PLI), Annual Institute on
Employment Law (San Francisco, October 18, 2001)
The Class Action Revolution: Past, Present and Future, ABA Annual Meeting, Section of
Litigation (Chicago, August 6, 2001)
The Nuts and Bolts of Class Action Trials, National Employment Lawyers Association,
Annual Meeting (Seattle, June 28, 2001)
Class Action Developments, Practicing Law Institute (PLI), Annual Institute on
Employment Law (San Francisco, October 16, 2000)
Challenging Systemic Civil Rights and Statutory Violations, The Impact Fund (San
Francisco, Sacramento March 2, 2000; San Diego, June 10, 2000)
Equal Pay Class Actions, American Bar Association, Section of Labor and Employment
Law, EEO Committee Mid-Winter Meeting (Tucson, March 22, 2000)