Lynn A Baker

Lynn A Baker

  • Frederick M. Baron Chair in Law

Faculty Profile: Lynn A Baker

Main Profile Content

Biography

Professor Baker's wide-ranging scholarly interests include mass tort litigation, "Mega-settlements," Professional Responsibility (especially issues involving "aggregate" litigation and group settlements), attorneys' fees, and State and Local Government Law. She is often called upon by lawyers to serve as a consultant in mass tort settlements and as an expert on issues of complex legal ethics, settlement fund allocations, and attorneys' fees.  Professor Baker has also been a court-appointed allocation Special Master in mass tort settlements.  She is an elected member of the American Law Institute.

Professor Baker is the author or co-author of dozens of articles and book chapters, many of which have been cited by courts and in prominent legal treatises.  Her recent publications include "MDL Myths," (Texas Law Review, 2023) (with Andrew D. Bradt); "Anecdotes Versus Data in the Search for Truth about Multidistrict Litigation," (Cornell Law Review Online, 2022) (with Andrew Bradt); "The Mysterious Market for Post-Settlement Litigant Finance," (N.Y.U. Law Review Online, 2021) (with Ronen Avraham & Anthony J. Sebok); "The MDL Revolution and Consumer Legal Funding," (Review of Litigation, 2021) (with Ronen Avraham & Anthony J. Sebok); and "In Defense of Private Claims Resolution Facilities," (Law & Contemporary Problems, 2021, symposium contribution) (with Charles Silver).  Professor Baker is also the co-author of a leading law school text, Local Government Law: Cases and Materials (Foundation Press, 6th ed. 2022) (with Clayton P. Gillette and David Schleicher).

A graduate of Yale Law School, Yale College, and Oxford University (Marshall Scholar), she was a Law Clerk to the Hon. Amalya L. Kearse, U.S. Court of Appeals for the Second Circuit (1985-86 Term). A two-time world champion in tournament bridge (2018 & 2014), Professor Baker is also a sixteen-time North American champion.

Most Recent Media

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Courses for Spring 2024

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Professional Activities

2023

April 27, 2023

Invited Moderator and Participant

George Washington University Law School, Washington, D.C.

Invited Moderator, Panel on "Judicial Review of Mass Tort Settlements," Conference on "Resolving Mass Torts in Different Forums," George Washington University Law School, James F. Humphreys Complex Litigation Center

March 24, 2023

Invited Paper and Presentation

Pepperdine Caruso School of Law, Malibu, CA

Invited Paper and Presentation, "The Inherent Powers of MDL Courts," Pepperdine Law Review's 50th Anniversary Symposium, "All Rise: The Future of the Federal Judiciary"

January 27-28, 2023

Conference Co-Organizer

University of Texas School of Law, Austin, TX

Co-Organizer of Texas Law Review Symposium on "Judicial Mangement of MDLs and Other Consolidations"

January 27, 2023

Invited Paper and Presentation

University of Texas School of Law, Austin, TX

Invited Paper and Presentation, "MDL Myths" (with Andrew Bradt), Texas Law Review symposium on "Judicial Management of MDLs and Other Consolidations.

2022

November 8, 2022

Invited Moderator

Duke Law School, Durham, NC

Invited Moderator, "Money and Ethics in MDL," Mass Tort MDL Certificate Program, Bolch Judicial Institute, Duke Law School, virtual Conference

October 22, 2022

Invited Panelist

UC Hastings Law School

Invited Panelist, "Adapting Ethics to Complex Litigation," Complex Litigation Ethics Conference

July 28, 2022

Invited Commentator

Emory Center on Federalism and Intersystemic Governance

Invited Commentator, "Are State Constitutional Rights for Sale? Protecting State Constitutional Rights from Unconstitutional Conditions" (by K. Levine, J. Nash & R. Schapiro), virtual Conference on State Constitutional Law 

May 27, 2022

Invited Paper and Presentation

Duke Law School, Durham, NC

Presented "In Defense of Private Claims Resolution Facilities" (with Charles Silver), Panel on "Claims Resolution Facility Design & Innovation," McGovern Symposium on Civil Litigation, Bolch Judicial Institute

May 26, 2022

Invited Moderator

Duke Law School, Durham, NC

Panel on "The Leadership Appointment Process," Advanced MDL Certificate Program, Bolch Judicial Institute

May 20, 2022

Invited Panelist

Stanford Law School, Stanford, CA

"The Attorney-Client Relationship in Multidistrict Litigation," Convening hosted by the Stanford Center on the Legal Profession and the Berkeley Law Civil Justice Research Initiative

January 10, 2022

Invited Panelist

University of Texas School of Law, virtual panel

"Chalkboard 3.0: Ethics Edition"

2021

November 5, 2021

Invited Panelist and Moderator

21st Annual Complex Litigation Symposium, Louisiana State Bar Association, New Orleans, LA

Panel on "Ethics Associated with Complex Litigation" 

October 23, 2021

Invited Paper and Presentation

31st Annual Meeting of the American Law and Economics Association, virtual meeting

Presented "The MDL Revolution and Consumer Legal Funding" (co-authored by Ronen Avraham and Anthony J. Sebok) 

September 17, 2021

Invited Panelist

Berkeley Law Civil Justice Research Institute, virtual symposium on "Selection of Leadership in MDLs,"

Panel on "Selection of Leadership in Light of Other Aggregate Litigation Considerations"

July 13, 2021

Special Editor -- Law & Contemporary Problems

Special Editor (with Elizabeth Cabraser and Robert Klonoff) of Issue on "Innovations in Complex Litigation and Settlement" in Honor of Francis McGovern, Volume 84, No. 2, 2021.

March 4, 2021

Invited Paper and Presentation

3rd Annual Consumer Law Scholars Conference

"The Mysterious Market for Post-Settlement Litigant Finance" (with Ronen Avraham & Anthony J. Sebok), Invited Paper and Presentation, The 3rd Annual Consumer Law Scholars Conference, Berkeley Law, Center for Consumer Law & Economic Justice, Virtual Conference.

2020

November 13, 2020

Invited Panelist and Moderator

First Annual Class Action Annual Case Law and Practices Review Bench-Bar Conference

"Class Action Challenges," First Annual Class Action Annual Case Law and Practices Review Bench-Bar Conference, George Washington Law School, James F. Humphreys Complex Litigation Center, virtual presentation

August 4, 2020

Invited Panelist

Baylor Law School Complex Litigation LLM Program

"Litigation Exit Strategies," Baylor Law School Complex Litigation LLM Program, virtual presentation

March 14, 2020

Invited Paper and Panelist

2020 Federalist Society National Student Symposium on "The Structural Constitution in the 21st Century"

"The Proper Role of the Senate," Invited Paper and Panelist, 2020 Federalist Society National Student Symposium on "The Structural Constitution in the 21st Century," hosted virtually by the University of Michigan Law School, Ann Arbor, MI

January 31, 2020

Invited Paper and Presentation

Texas Law Review Symposium on "Remedies in Complex Litigation"

"Mass Tort Remedies and the Puzzle of the Disappearing Defendant," Invited Paper and Presentation, Texas Law Review Symposium on "Remedies in Complex Litigation," University of Texas School of Law, Austin, TX

2019

November 14, 2019

Scholarship Award Committee

Pound Civil Justice Institute

Member of 2020 Civil Justice Scholarship Award Committee for Pound Civil Justice Institute

November 8, 2019

Invited Panelist and Moderator

19th Annual Class Action/Complex Litigation Symposium, Louisiana State Bar Association

"Ethics Associated with Complex Litigation," Invited Panelist and Moderator, 19th Annual Class Action/Complex Litigation Symposium, Louisiana State Bar Association, New Orleans, LA

November 1, 2019

Invited Paper and Presentation

Lewis & Clark Law School and Pound Civil Justice Institute Symposium

"Layers of Lawyers: Parsing the Complexities of Claimant Representation in Mass Tort MDLs" (with Stephen J. Herman), Symposium on "Class Actions, Mass Torts, and MDLs: The Next 50 Years," Pound Civil Justice Institute and Lewis & Clark Law School, Portland, OR

November 1, 2019

Invited Commentator

Lewis & Clark Law School and Pound Civil Justice Institute Symposium

Invited Commentator on "Mass Tort: Endgame," Symposium on "Class Actions, Mass Torts, and MDLs: The Next 50 Years," Pound Civil Justice Institute and Lewis & Clark Law School, Portland, OR

October 25, 2019

Invited Commentator

Fifth Annual Civil Procedure Workshop

Invited Commentator on "Judicial Adjuncts in Multidistrict Litigation," Fifth Annual Civil Procedure Workshop, University of Texas School of Law, Austin, TX

March 11, 2019

Invited Paper and Presentation

Workshop on Law and Economics, Tel Aviv University, Buchmann Faculty of Law

"Anatomy of Mass Tort Litigant Finance in the U.S." (with Ronen Avraham), Workshop on Law and Economics, Tel Aviv University, Buchmann Faculty of Law, Tel Aviv, Israel

2018

December 13, 2018

Invited Paper and Presentation

Law and Society Association of Australia and New Zealand, Annual Meeting

"Anatomy of Mass Tort Litigation Finance in the U.S." (with Ronen Avraham), Annual Meeting, Law and Society Association of Australia and New Zealand, University of Wollongong, Wollongong, Australia

December 8, 2018

Invited Paper and Presentation

8th International Legal Ethics Conference

"Anatomy of Mass Tort Litigation Finance in the U.S." (with Ronen Avraham), 8th International Legal Ethics Conference, University of Melbourne, Melbourne, Australia

November 26, 2018

Paper and Presentation

UT Law School Drawing Board

"The Anatomy of Mass Tort Litigation Finance" (with Ronen Avraham), Drawing Board presentation, University of Texas School of Law, Austin, TX

November 12, 2018

Scholarship Award Committee

Pound Civil Justice Institute

Member of 2019 Civil Justice Scholarship Award Committee for Pound Civil Justice Institute.

November 9, 2018

Invited Panelist and Moderator

18th Annual Class Action/Complex Litigation Symposium

"Ethics Associated with Complex Litigaiton," Invited Panelist and Moderator, 18th Annual Class Action/Complex Litigation Symposium, Lousiana State Bar Association, New Orleans, LA

May 30, 2018

Invited Panelist and Moderator

HarrisMartin's "MDL Conference: 'Bet-the-Company' Mass Tort Litigation"

Panel on "Ethics Associated with Complex Litigation," HarrisMartin's "MDL Conference: 'Bet-the-Company' Mass Tort Litigation," Chicago, IL

May 2, 2018

Invited Discussant

Discussion on "Improving the MDL Process"

"Improving the MDL Process," American Association for Justice, Washington, D.C.

April 26, 2018

Invited Participant

Conference on "Documenting and Seeking Solutions to Mass-Tort MDL Problems"

"Documenting and Seeking Solutions to Mass-Tort MDL Problems," Duke Law Conference, Atlanta, GA

2017

November 29, 2017

Invited Panelist

Conference on "Contemporary Issues in Complex Litigation"

"Current Issues in Multidistrict Litigation," invited panelist, Conference on "Contemporary Issues in Complex Litigation," Northwestern Pritzker School of Law, Chicago, IL.

November 10, 2017

Invited Panelist and Moderator

17th Annual Class Action/Complex Litigation Symposium

"Ethical Conundrums," invited panelist and moderator, 17th Annual Class Action/Complex Litigation Symposium, Louisiana State Bar Association, New Orleans, LA.

April 7, 2017

Invited Panelist

26th Annual Spring CLE Meeting -- ABA Toxic Torts & Environmental Law Committe

Invited Panelist on "Ethical Considerations in Settling Mass Torts," 26th Annual Spring CLE Meeting, "Hot Topics in Toxic and Environmental Law," ABA Toxic Torts & Environmental Law Committee, Tort Trial and Insurance Practice Section, Phoenix, AZ.

February 10, 2017

Invited Presentation

TTLA 4th Annual Pharmaceutical and Medical Device Seminar

Invited Presentation on "Ethical Finality in Mass Tort Settlements," TTLA 4th Annual Pharmaceutical and Medical Device Seminar, Austin, TX.

January 7, 2017

Invited Participant

Law School Outreach Summit

Participated in the invitation-only Law School Outreach Summit, hosted by the Pound Civil Justice Institute in San Francisco, CA.

2016

December 7, 2016

Invited Paper and Presentation

Tel Aviv University Law School Law & Economics Workshop

Presented "Mass Torts and the Pursuit of Ethical Finality" at Tel Aviv University Law School, Tel Aviv, Israel.

November 11, 2016

Invited Panelist and Moderator

16th Annual Class Action/Complex Litigation Symposium of the Louisiana State Bar Association

Moderated and spoke on panel titled "Ethics, Ethics, and More Ethics" at the 16th Annual Class Action/Complex Litigation Symposium, Louisiana State Bar Association, New Orleans, LA.

October 21, 2016

Invited Paper and Presentation

Fordham Law School Symposium

Presented "Mass Torts and the Pursuit of Ethical Finality" at the Symposium on "Civil Litigation Ethics at a Time of Vanishing Trials," hosted by the Stein Center for Law and Ethics and the Fordham Law Review, NY, NY.

July 16, 2016

Invited Speaker

7th International Legal Ethics Conference

Spoke on "Mass Torts and the Pursuit of Ethical Finality" as a panelist on "Aggregate Litigation Ethics" at the 7th International Legal Ethics Conference in New York, NY

May 25, 2016

Invited Speaker

HarrisMartin's MDL Conference

Spoke on "Ethical Finality in Mass Tort Litigation" at HarrisMartin's "MDL Conference: 'Bet-the-Company' Mass Tort Litigation" in Chicago, IL.

January 16, 2016

Published Op-Ed

Houston Chronicle and San Antonio Express-News

"Attorney Fees Key to Fighting Wall Street Fraud" (with Charles Silver)

January 13, 2016

Published Op-Ed

Austin American-Statesman

"Commentary: Improve Market Integrity by Standardizing Attorneys' Fees" (with Charles Silver)

2015

November 13, 2015

Invited Panelist

15th Annual Class Action/Complex Litigation Symposium of the Louisiana State Bar Association

Spoke on aggregate settlements and legal ethics as a panelist on "Does Complex Litigation Complicate Ethics?" at the 15th Annual Class Action/Complex Litigation Symposium of the Louisiana State Bar Association, in New Orleans, LA.

November 9, 2015

Invited Presentation

Columbia Law Review

Presented (with Michael A. Perino) "Is the Price Right? An Empirical Study of Fee-Setting in Securities Class Actions" at a colloquium with Columbia Law Review editors, in New York, NY.

September 10, 2015

Invited Presentation

Kentucky Justice Association Annual Convention and Seminar

Spoke on "Aggregate Settlements (Large and Small): The Evolving Ethical Landscape," at the Kentucky Justice Association Annual Convention and Seminar, in French Lick, IN.

May 28, 2015

Invited Panelist

ABA National Conference on Professional Responsbility

Spoke on aggregate settlements and legal ethics as a panelist on "Riding the Aggregate Settlement Bronco," at the 41st Annual National Conference on Professional Responsibility, sponsored by the ABA Center for Professional Responsibility, in Denver, CO.

April 1, 2015

Invited Paper and Presentation

Conference on "Lawyers as Targets: Suing, Prosecuting and Defending Lawyers"

Presented paper titled "Aggregate Settlements and Attorney Liability: The Evolving Landscape," at the Conference on "Lawyers as Targets: Suing, Prosecuting and Defending Lawyers,' at the Maurice A. Deane School of Law at Hofstra University, Hempstead, NY.

February 6, 2015

Invited Presentation

Conference on "The Rehnquist Court: Ten Years Later"

Spoke on "Federalism" as part of the Conference on "The Rehnquist Court: Ten Years Later," presented by the William H. Rehnquist Center on Constitutional Structures of Government, University of Arizona James E. Rogers College of Law, Tucson, AZ.

2014

November 21, 2014

Invited Presentation

Louisiana State Bar Symposium

Spoke on "Ethics, Aggregate Settlements, and Exit Strategies" at the 14th Annual Class Action/Complex Litigation Symposium, sponsored by the Louisiana State Bar Association, in New Orleans, LA.

April 12, 2014

Invited Presentation

University of Texas Law School Annual Reunion

Spoke on "Recent Developments in Legal Ethics," at the University of Texas Law School Annual Reunion, Austin, TX.

2013

November 8, 2013

Invited Paper and Presentation

Corporate and Securities Litigation Workshop

Presented "Private Ordering Versus Judicial Regulation of Attorneys' Fees in Securities Class Actions: An Empirical Assessment" (coauthored with Michael A. Perino & Charles Silver), at the Corporate & Securities Litigation Workshop, University of Illinois at Urbana-Champaign, Chicago, IL.

September 28, 2013

Invited Paper and Presentation

A Conference in Honor of Richard A. Nagareda

Presented "Models of Closure in Mass Torts: A Comment on 'The Mass Tort Bankruptcy: A Pre-History'" at a conference on "The Public Life of the Private Law: The Logic and Experience of Mass Litigation; A Conference in Honor of Richard A. Nagareda," Vanderbilt Law School, Nashville, TN.

August 29, 2013

Invited Paper and Presentation

University of Texas Law School Faculty Colloquium

Presented "Setting Attorneys' Fees in Securities Class Actions: An Empirical Assessment" (with Michael A. Perino and Charles Silver) at the University of Texas Law School Faculty Colloquium, Austin, TX.

May 30, 2013

Invited Presentation

ABA National Conference on Professional Responsibiilty

Panelist on "Mass Torts as Quasi-Class Actions: The Role of Judicial Oversight," ABA National Conference on Professional Responsibility, San Antonio, TX.

April 19, 2013

Invited Paper and Presentation

Clifford Symposium

Presented "Alienability of Mass Tort Claims" at the Clifford Symposium on "Brave New World: The Changing Face of Litigation and Law Firm Finance," DePaul Law School, Chicago, IL.

April 12, 2013

Invited Paper and Presentation

Symposium of the Institute for Law and Economic Policy

Presented "Setting Attorneys' Fees in Securities Class Actions: An Empirical Assessment" (with Michael A. Perino and Charles Silver) at the 19th Annual Symposium of the Institute for Law and Economic Policy, "The Economics of Aggregate Litigation," Naples, FL.

April 10, 2013

Invited Presentation

Mass Torts Made Perfect Conference

Spoke on "The Business of Law" at the Mass Torts Made Perfect, Las Vegas, NV.

2007

June 8, 2007

Invited Presentation

Hot Topics In Pharmaceutical Litigation Conference

Spoke on "Group Settlements in the New Era: Ethical and Liability Issues," at the "Hot Topics In Pharmaceutical Litigation" conference in Miami, Florida.

April 24, 2007

Paper Presentation

University of Texas Law School Drawing Board Lunch

Presented (with Dan Rodriguez) a work-in-progress titled "Comparative Domestic Constitutional Law: Federalism and Localism as a Case Study," at a Drawing Board Lunch at the University of Texas School of Law, Austin, TX.

March 30, 2007

Invited Presentation

Mass Torts Made Perfect Symposium

Spoke on "Group Settlements in the New Era: Ethical and Liability Issues," at the Mass Torts Made Perfect symposium in Las Vegas, NV.

March 29, 2007

Paper Presentation

Legal Theory Colloquium

Presented a paper entitled "Solving the Problem of the Modern Spending Power," at the Legal Theory Colloquium at the University of California at Davis School of Law, Davis, CA.

March 22, 2007

Invited Presentation

Review of Litigation Symposium

Presented remarks on "Do the Ethics Rules Governing Group Litigation Disadvantage Plaintiffs?," at the Review of Litigation Symposium on "Products Liability: Litigation Trends on the 10th Anniversary of the Third Restatement," at the University of Texas School of Law, Austin, TX.