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Class Action Litigation Ethics: Navigating Gray Areas in Class Communications, Settlement

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, May 25, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will present a series of cutting-edge hypothetical scenarios routinely faced by class action defense counsel and their clients.


The defense of a proposed class action often involves challenging ethical questions for attorneys. Those challenges may evolve, and answers become less clear as the case moves from proposed class action to certification or proceeds toward settlement.

Often the proposed class consists of the defendant's employees, customers, or others with whom the defendant must deal in the ordinary course of business. Navigating these issues requires careful analysis.

Listen as this panel of experienced class action attorneys discusses best practices and strategies for navigating ethical gray areas and preparing for the road ahead.



  1. Applicable rules of professional responsibility and statutes
  2. Conflicts of interest
  3. Communications with proposed class members
  4. Ethical considerations in settlement


The panel will review these and other key issues:

  • Can the defendant communicate with its customers/employees if the proposed class includes a large number of its customers or employees?
  • Can the company communicate with potential class members to prepare their defense in opposition to class certification?
  • Are side agreements with class counsel ethically permitted?
  • Can defendants "pick off" plaintiffs?
  • Are reverters ever permissible in class action settlements?


Marder, Neal
Neal R. Marder

Akin Gump Strauss Hauer & Feld

Mr. Marder focuses on class and mass actions, bet-the-company litigation, and complex business and commercial...  |  Read More

Slowik, Jonathan P.
Jonathan Slowik

Special Employment Law Counsel
Proskauer Rose

Mr. Slowik represents employers in all aspects of litigation, with a particular emphasis in wage and hour class,...  |  Read More

Whitaker, Melissa
Melissa D. Whitaker

Akin Gump Strauss Hauer & Feld

Ms. Whitaker’s practice focuses on government and internal investigations, white-collar defense and complex...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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