Consumer Class Action Settlements: Evaluating, Negotiating and Structuring Settlements Pre- and Post-Certification
Weighing Settlement Options, Negotiating the Agreement, Obtaining Court Approval
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to class action counsel for evaluating whether, when and how to settle consumer class actions. The panel will discuss the challenges plaintiff and defense counsel face when settling cases and tactics for increasing the likelihood of obtaining court approval of the settlement.
- Weighing the settlement options
- Individual settlements with named plaintiff
- Class-wide settlements
- Assessing risk of exposure and calculating potential damages
- Obtaining enforceable settlement agreements
- Fair, reasonable and adequate requirement
- Notice requirements and use of alternative media
- Conditional incentive awards
- Cy pres awards
- Attorneys’ fees
- Defending a settlement and maximizing its advantages
The panel will review these and other key issues:
- What current trends in consumer class action settlements are instructive for class action plaintiff and defense counsel evaluating whether and how to settle cases?
- What are the advantages and disadvantages to the defense of settling with the named plaintiff versus a class-wide settlement?
- How are courts currently dealing with cy pres awards, attorneys’ fees and conditional incentive awards in proposed class settlements?
Donald R. Frederico
Mr. Frederico focuses his practice on representing defendants in class actions and has represented clients in a wide... | Read More
Mr. Frederico focuses his practice on representing defendants in class actions and has represented clients in a wide array of class actions in federal and state court, including in such areas as labor and employment, consumer fraud, product liability, environmental and toxic torts, antitrust, and securities fraud. Mr. Frederico frequently publishes and lectures before national and local bar and industry organizations on topics including class action practice.Close
Neal R. Marder
Winston & Strawn
Mr. Marder is chair of the firm's national consumer class action practice. He concentrates on class and mass... | Read More
Mr. Marder is chair of the firm's national consumer class action practice. He concentrates on class and mass actions, bet-the-company litigation, and complex business and commercial litigation. Mr. Marder has a diverse civil litigation practice and handles disputes in federal and state courts across the country involving business and consumer torts, securities fraud, white collar, RICO, intellectual property, unfair competition, and breach of fiduciary duty claims in M&A transactions.Close
Adam M. Moskowitz
Kozyak Tropin & Throckmorton
Mr. Moskowitz concentrates his practice primarily on class action matters and the trial of complex litigation. Mr.... | Read More
Mr. Moskowitz concentrates his practice primarily on class action matters and the trial of complex litigation. Mr. Moskowitz has been an adjunct professor in class action litigation at the University of Miami School of Law for almost 10 years and is experienced in all forms of class action claims. He frequently leads the firm’s participation in multistate class action litigation that involves teams of law firms from around the nation.Close