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Class Action Notification With Electronic Media: Emerging Legal Issues

Strategic Use of E-mail, Google, Social Networks and Other E-Media to Communicate with Class Members

Recording of a 90-minute CLE webinar/teleconference with Q&A

Conducted on Wednesday, September 8, 2010
Recorded event now available

This CLE webinar will provide attorneys handling class action litigation with an overview of new media technologies affecting class action notices, the evolving state of the law for using electronic communications for notices, and best practices for planning and developing notice and claims administration programs.

Description

As electronic media continues to develop and diversify, it provides opportunities for low cost notice to class members. New, evolving e-media opportunities like mobile media and social media are some options being considered for e-communication that can reduce the settlement's administrative cost.

Case law on the use of electronic media is developing along with the evolution of electronic media. Some courts reject class notice via email and Internet and view e-media as uncontrollable and incapable of satisfying minimum due process requirements.

Courts favoring e-notice note that the problems with e-media also exist with traditional media. Many courts favor e-notification when the underlying claims arise from transactions on the Internet, although e-notification has been accepted in non-Internet cases as well.

Listen as our authoritative panel of attorneys and class action specialists discusses the impact of electronic communication on class action notification and the evolving state of the law in permitting the use of e-notice to class members.

Outline

E-media options for class notice: pros and cons
1. Paid internet advertising and search engine optimization
2. Class action website
3. E-mail
4. Social networking
5. Mobile internet
6. Text messaging
Evolving case law on e-communication
1. Cases authorizing e-notification
2. Cases rejecting e-notification
3. Effective legal arguments that e-notice is the best notice practicable
Strategic use of e-media in class notification and claims administration

Benefits

The panel will review these and other key questions:

What advantages does e-notification have over traditional media notice?
What legal arguments are most effective in showing that e-notice is the best notice practicable?
What constraints are imposed by the Telephone Consumer Protection Act on e-notification via texting and can these constraints be overcome?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Shannon Wheatman, Vice President
Kinsella Media, Washington, D.C.

She specializes in designing, developing, analyzing, and implementing large-scale legal notification plans and direct notice campaigns. She provides testimony on the best notice practicable and is adept at finding cost-saving methods to satisfy due process. She has been involved in over 100 class actions and is recognized as a notice expert in state and federal courts in the U.S. and in Canada.

Matt C. Bailey, Partner
Pollard/Bailey, Beverly Hills, Calif.

His principle area of practice is complex class action litigation. He has successfully represented clients throughout the country against a virtual who's-who of American corporations, prosecuting class action cases on a wide variety of legal issues, including consumer fraud, wage and hour, product liability and civil rights. He also played a leading role in several successful class action appeals.

Mark P. Rapazzini, Senior Vice President
Rust Consulting, San Francisco

He has more than 25 years of legal experience, focusing his practice on mass torts, class actions, and complex civil litigation, and over eight years experience managing complex claims administration matters. He has managed and supervised the administration of mass torts, as well as consumer and employment class actions. He is a member of the California Bar.

David Jay, Shareholder
Greenberg Traurig, Florham Park, N.J.

He has significant experience litigating a wide variety of complex multi-party commercial cases and has defended consumer fraud, health care, and computer class action claims involving hundreds of millions of dollars. He also has successfully prosecuted dozens of multi-million dollar insurance coverage claims on behalf of corporate policyholders.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, GA, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $148.50
Available 24 hours after the live event