Class Action Settlement Strategies

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

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


Conducted on Wednesday, January 27, 2010

Recorded event now available

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Program Materials

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.

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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
David H. Stern

Partner
Winston & Strawn

With 20 years of experience, he focuses his practice on complex commercial litigation. He has considerable trial...  |  Read More

Mike Arias
Mike Arias

Managing Partner
Arias Ozzello & Gignac

He has resolved hundreds of matters by trial, arbitration, mediation or negotiated settlement, resulting in millions of...  |  Read More

Todd L. Nunn
Todd L. Nunn

Partner
K&L Gates

His practice emphasizes electronic discovery and document production and class action defense. His class action...  |  Read More

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