Combating Class Settlement Objectors: Overview of Proposed Rule Amendments, Key Preventive Measures and Tactics

Minimizing and Defending Against Challenges by Professional Objectors, Government Officials, and Public Interest Groups

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


Conducted on Thursday, September 29, 2016

Recorded event now available

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Program Materials

This CLE webinar will provide class counsel with an examination of trends in settlement objections including the proposed amendment to Rule 23 as it relates to objectors and outline best practices for both plaintiff and defense counsel to protect proposed class action settlements.

Description

Objections by outside attorneys, government officials and public interest groups can jeopardize or delay class action settlements. Both sides can face problematic objections from “professional objectors” who appear to be motivated solely to extract part of the fee or take over as class counsel.

The government usually aims official objections at coupon settlements and settlement release language intended to bind state officials. Public interest group objections have varied purposes and political agendas. Coupon settlements and cy pres provisions are prime targets. A party to a class action can also object to a proposed settlement. Recently, a federal court of appeals’ chief judge objected to a proposed settlement in a class action alleging defects in a product he owned himself.

Both plaintiff and defense counsel may take advantage of several key measures and tactics to deflect and protect proposed settlements from non-class counsel objectors, as well as from government and public interest objections. Given the impact of objectors on class action settlement the Advisory Committee on Civil Rules has recommended amendments to Rule 23 addressing class action settlement issues.

Listen as our panel of experienced class action attorneys provides a review of trends and case law developments in settlement objections from non-class attorney objectors and government or private interest objectors and outline the proposed amendments to Rule 23 relating to objectors. The panel will provide best practices for plaintiff and defense counsel to minimize and overcome challenges from objectors.

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Outline

  1. Professional objectors
  2. Government official objections
  3. Public interest group objections
  4. Proposed amendments to Rule 23
  5. Best practices for minimizing and overcoming challenges to class action settlements

Benefits

The panel will review these and other key issues:

  • What tactics can defense and plaintiff class counsel employ to discourage the filing of objections by professional objectors?
  • What are the most common objections made by government officials?
  • Which are the most common public interest class action settlement objectors, and what are their motivations and agenda?
  • How can counsel—both defense and plaintiff—be proactive in protecting their proposed settlement?
  • How will the proposed amendments to Rule 23 change the treatment of class action settlement objectors?

Faculty

Ross Good, Esq.
Ross Good, Esq.

Anderson + Wanca

Mr. Good works primarily on class action matters alleging violations of the Telephone Consumer Protection Act (TCPA)...  |  Read More

Andrew J. Trask
Andrew J. Trask

Senior Counsel
McGuire Woods

Mr. Trask has defended more than 100 class actions, involving all stages of the litigation process. While his work has...  |  Read More

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