Crafting Class Settlement Notice Programs: Due Process, Reach, Claims Rates and More

Minimizing Court Scrutiny and Overcoming Objector Challenges

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


Conducted on Tuesday, February 18, 2014
Recorded event now available


This CLE webinar will examine recent developments impacting class settlement notice programs. The panel will discuss new and evolving issues related to using notice experts, reaching class members through reliable media channels, and increasing claims rates. The panel will also offer best practices to minimize challenges to notice programs.

Description

Class settlement notice programs are facing increased scrutiny by courts and settlement objectors, driven by staggering attorneys' fee awards and low claims rates by class members. Courts are focusing on the effectiveness of the notice of settlement, including whether due process standards were met, the language in the notice was adequate, and the methods used to reach class members were sufficient. 

The options for delivering notice of settlements to class members have increased as the media landscape has evolved. Class counsel must remain vigilant regarding the available options for reaching class members and select the option that best aligns with the class members in a particular type of case.

Class counsel can help minimize heightened court scrutiny and objector challenges to settlements by understanding and leveraging the various court rulings in class litigation involving low claims rates and unclaimed settlement funds. Attorneys must take proactive steps to ensure that class settlement notice programs satisfy due process requirements, meet the Rule 23 direct notice and plain language standards, and comply with CAFA's notice requirements.

Listen as our authoritative panel discusses the latest developments with class settlement notice programs. The panel will examine the notice options that have been most effective for increasing reach and claims rates and offer best practices for ensuring that class settlement notice programs satisfy due process standards.

Outline

  1. Class notice
    1. Satisfying due process
    2. Using experts
    3. Content of notice
  2. Reaching class members—determining proper notice channel
  3. Claims rates
    1. Factors that drive claims rates
    2. Dealing with unclaimed funds

Benefits

The panel will review these and other key questions:

  • What are the latest court trends impacting class settlement notice programs?
  • How have the rapid advances in media and technology affected class settlement notice programs?
  • What mistakes do class counsel commonly make when drafting and working with settlement administrators to implement notices of settlement—and how can they avoid them?
  • What steps can class counsel take to ensure that class settlement notice programs survive court and objector scrutiny?

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

Faculty

Robert Ahdoot, Principal
Ahdoot & Wolfson, West Hollywood, Calif.

Mr. Ahdoot has extensive experience in prosecuting complex class action and representative lawsuits, litigating numerous class actions against large corporate defendants involving varied consumer rights claims. He has achieved successful results in a number of class actions against major credit card companies for privacy breaches and against manufacturers for false advertising, among others.

Casie D. Collignon, Partner
Baker & Hostetler, Denver

Ms. Collignon represents clients in a variety of litigation matters, including class action lawsuits. She has been instrumental in successfully defeating class certification in consumer lawsuits, obtaining dismissals of class action claims in a variety of contexts, developing e-discovery strategies and reaching favorable class and non-class settlements by focusing on creatively limiting client exposure.

Tiffaney Janowicz, Senior Vice President
Rust Consulting, Minneapolis

Ms. Janowicz leads the firm’s consumer practice area, with a depth of experience in insurance and healthcare and telecom matters. She has overseen all aspects of administration for more than 200 settlements, including a large software manufacturer’s antitrust settlements for the states of California, Iowa, Minnesota, New York and Wisconsin, as well as the $100 million Thomson Consumer Electronic settlement.

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

Ms. Wheatman 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 250 class actions and is recognized as a notice expert in state and federal courts in the U.S. and in Canada.

Ordering

Recorded Event

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

CLE: Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NH, NM, NV, OR, UT, VA, 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. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

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On-Demand CLE - Audio Recording

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

Strafford is an approved provider and can request CLE credit for On-Demand programs in the following states:

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*Not available for transitional attorneys in NY.

On-Demand CLE Audio $297.00
Available 24 hours after the live event

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Program Materials

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Program Materials

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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

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

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