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 seminar 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

  1. 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
  2. Defending a settlement and maximizing its advantages
    1. Claim preclusion
    2. Enforcing claims bar
    3. Court’s injunctive powers to protect settlement
  3. 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

Recorded Event

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

CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, 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. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)

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

How does this work?

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

How does this work?

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

CLE Processing on Recorded Event $65.00


CLE on Live Event

Continuing Legal Education credit processing is available for an additional $65 per person per state in states where webinars and teleconferences are accredited.

This webinar is eligible for at least 1.5 general CLE credits, depending on state rules.

You may register for CLE credit processing before or after a program (application deadlines vary by state).  Exceptions: Pennsylvania attorneys must pre-register for CLE. Maine and Alabama attorneys please call 1-800-926-7926 ext. 10 for special instructions.

CLE credits are not available for DE, IN, KS, OH, and PR or for NY attorneys admitted within the last 2 years.

CLE Processing $65.00

How does this work?

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

The three presentations created a balanced approach.

Cris Navarro

Enloe Medical Center

Very well-organized.

Kerin Coughlin

Constantine Cannon

The teleconference contained information that was relevant, useful and up-to-date.

Mark Hegedus

Spiegel & McDiarmid

Presentations were excellent. I especially benefited from the question and answer session, as the speakers addressed actual situations that affect many of us.

Angelica Toro

Popular

This was my first experience with an interactive CLE.  It was good not to have to leave my office for the program.

Patricia Hays

Vestcom International

Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Partner

Goldman Scarlato & Karon

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Winston & Strawn

Michael McCluggage

Partner

Wildman Harrold

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School