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 with Q&A


Conducted on Wednesday, September 8, 2010

Recorded event now available

or call 1-800-926-7926
Program Materials

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.

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Outline

  1. 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
  2. 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
  3. 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?

Faculty

Shannon Wheatman
Shannon Wheatman

Senior Vice President
Kinsella Media

Ms. Wheatman specializes in designing, developing, analyzing, and implementing large-scale legal notification...  |  Read More

Matt C. Bailey
Matt C. Bailey

Partner
Pollard/Bailey

His principle area of practice is complex class action litigation. He has successfully represented clients throughout...  |  Read More

Mark P. Rapazzini
Mark P. Rapazzini
Senior Vice President
Rust Consulting

He has more than 25 years of legal experience, focusing his practice on mass torts, class actions, and complex civil...  |  Read More

David Jay
David Jay

Shareholder
Greenberg Traurig

He has significant experience litigating a wide variety of complex multi-party commercial cases and has defended...  |  Read More

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