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Berger Montague Announces Publication of Treatise on Ethics in Class Actions and Complex Litigation
The 2026 Second Edition of Class Actions and Other Complex Litigation: Ethics is now available
Berger Montague, a leading national plaintiff law firm today announces that the treatise, Class Actions and Other Complex Litigation: Ethics, is now available. The treatise addresses the distinct ethical issues that arise in class actions and other complex, multi-party litigation.
The Treatise was co-edited by Shareholder and Chair of the Complex Litigation Ethics practice Joshua P. Davis, Shareholder Candice J. Enders, and Berger Montague Associates Julie A. Pollock, and Jessica M. Seigel. The four editors, along with other recognized experts in complex litigation and legal ethics, drafted chapters as well.
“For decades, lawyers, judges, and regulators have not been able to turn to any publication dedicated solely to the thorny ethical questions that arise in class actions and complex litigation,” said Joshua P. Davis. “This Treatise finally gives them one. For many years, I have been writing articles and making presentations on these topics for judges, legal scholars, and legal practitioners. I am delighted with the publication of this book, as it suggests a way to frame complex litigation ethics as well as offers guidance on specific ethical issues. I look forward to expanding its scope in coming years.”
“When Josh and I began this project, we kept running into the same gap: the ethics rules and commentary that exist were written with traditional two-party litigation in mind, not cases involving absent class members, competing counsel, third-party litigation funders, and court-appointed neutrals,” said Candice J. Enders. “Practitioners and judges were left to reason through those questions largely on their own, case by case, with little to guide them. Our goal with this Treatise was to pull together the relevant authority and scholarship into one coherent framework and methodology.”
The treatise synthesizes the relevant authority and scholarly commentary into a coherent analytical framework; offers a methodology for resolving recurring ethical questions; and creates a resource for practitioners engaged in complex litigation in navigating their ethical obligations.
The Treatise covers a wide range of critical topics, including conflicts of interest, communications with class members, litigation funding, settlements, third-party claim filers, and court-appointed neutrals.
Class Actions and Other Complex Litigation: Ethics is available now through LexisNexis.
Additional Information
- Learn more about the upcoming Complex Litigation Ethics Conference on October 15-16 in San Francisco, CA here.
- Learn more about Berger Montague’s Complex Litigation Ethics practice here.
- For information on the first edition read here.
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. With more than $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, DC, and Wilmington, DE.
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