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Class Action Settlement Strategies

Thwarting Professional Objectors and Managing Attorneys Fees, Notice Requirements, and Cy Pres Awards

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

Conducted on Wednesday, January 27, 2010
Recorded event now available

This CLE webinar will discuss best practices to structure a settlement to obtain court approval. The panel will discuss the key challenging issues such as notice, attorney fees, opt-out provisions, coupon and cy pres settlements, and collateral attacks on settlements.

Description

Class action settlement amounts have reached record levels in recent years. Current economic conditions may push corporations to quickly settle class action cases to minimize litigation costs.

While CAFA requires judges to pay close attention to coupon settlements, CAFA does not address the controversial issue of cy pres awards. Courts continue to closely scrutinize attorneys fee awards to class counsel.

Professional class action settlement objectors pose problems for both plaintiffs and defense and counsel. Counsel must defend the settlement against these and other collateral attacks.

Listen as our authoritative panel of class action attorneys examines strategies for obtaining and defending class action settlements.

Outline

Settlement strategies
1. Fair, reasonable and adequate requirement
2. Notice requirements and use of alternative media
3. Coupon settlements
4. Cy pres awards
5. Attorneys’ fees
6. Opt-out rights
Defending a settlement and maximizing its advantages
1. Claim preclusion
2. Enforcing claims bar
3. Court’s injunctive powers to protect settlement
Collateral attacks on class action settlements
1. Professional objectors
2. Attorneys soliciting opt-outs
3. Attorney General objections

Benefits

The panel will review these and other key questions:

What constitutes reasonable notice and how can counsel effectively use social media to publicize a proposed settlement?
How have judges viewed cy pres awards and coupon settlements?
How can counsel best address opt-out class members?
How can counsel defend objections to settlements by "professional" objectors?

Faculty

David H. Stern, Partner
Winston & Strawn, Los Angeles

With 20 years of experience, he focuses his practice on complex commercial litigation. He has considerable trial experience in state and federal courts, representing major clients in antitrust, class actions, intellectual property, and media/entertainment matters. He also has significant experience litigating contract, copyright, trademark, securities, real estate, and unfair competition matters.

Mike Arias, Managing Partner
Arias Ozzello & Gignac, Los Angeles

He has resolved hundreds of matters by trial, arbitration, mediation or negotiated settlement, resulting in millions of dollars in recovery for plaintiffs. His most recent trial resulted in a judgment and subsequent settlement in excess of $14 million. His most recent settlement exceeded $19 million. He has written and lectured on various subjects at law schools, legal seminars and conferences.

Todd L. Nunn, Partner
K&L Gates, Seattle

His practice emphasizes electronic discovery and document production and class action defense. His class action defense experience includes defense of numerous nationwide and statewide consumer protection class actions. He has also defended government regulation, products liability, environmental, employment and securities class actions.

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, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, 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 $297.00
Available 24 hours after the live event

How does this work?

Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio Only) $297.00
Available 24 hours after the live event

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Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event

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CD (Audio Only) $297.00 plus $9.45 S&H
Available ten business days after the live event

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H
Available ten business days after the live event

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Program Materials

Speaker Handouts

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Program Materials

Speaker Handouts

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