Cy Pres Class Action Settlements: Circuit Split After SCOTUS Non-Decision in Frank v. Gaos
This program has been cancelled
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will bring class action practitioners up to date regarding the cy pres doctrine, under which class action settlement funds are not distributed to absent class members, as is the usual practice, but instead are given to nonprofit entities whose purposes are consistent with the general aims of the class action. Such settlements recently have been attempted in data privacy and breach class actions, where questions have arisen regarding whether the class members are able to demonstrate they have suffered concrete harm or measurable damages.
- The cy pres doctrine
- Evolution of cy pres class action settlements
- Use of cy pres settlements vs. reverter of unclaimed funds
- Cy pres-only settlements under Rule 23(b)(2)
- Squaring cy pres settlements with Rule 23’s fairness, adequacy and reasonableness rationale
- Attacks on cy pres settlements
- Who brings the challenge?
- Standing issues
- Sufficiency of class notice
- Scope of the settlement
- Nexus between the cy pres recipient and claims
- Conflicts of interest and ethical considerations
- Working with the other side
- Evolving appellate jurisprudence
The panel will review questions such as:
- In what types of cases are cy pres settlements appropriate or ill-advised?
- Strategies for maximizing chances of court approval.
- What is the process for challenging and defending cy pres settlements?
Steven P. Benenson
Porzio Bromberg & Newman
For over 35 years, Mr. Benenson has defended public and private companies in high stakes class actions, business,... | Read More
For over 35 years, Mr. Benenson has defended public and private companies in high stakes class actions, business, commercial and product liability litigations in trial and appellate courts across the country. His class action experience includes serving as national counsel to a public title company, co-counsel to the world’s largest distributor of medical products, lead counsel to a top sports apparel manufacturer and the world’s largest manufacturer of eye wear and co-counsel to one of the largest public self storage REITs. Mr. Benenson has structured multi-subclass and tiered settlements containing cy pres awards and reverters through mediation and with the assistance of valuation experts that have withstood objections and received court approval. He is a frequent lecturer and author on class action topics.Close
Joseph A. Boyle
Kelley Drye & Warren
Mr. Boyle focuses his practice on class actions and commercial litigation. His experience includes various areas of... | Read More
Mr. Boyle focuses his practice on class actions and commercial litigation. His experience includes various areas of consumer class action litigation and other litigation involving telecommunications, attorney general and agency, real estate, toxic tort, creditors’ rights and products liability. Mr. Boyle 's favorable settlement of several class actions related to the advertising of Riddell’s Revolution® football helmets was profiled as part of Law360’s “Consumer Protection Practice Group of the Year” awards, which recognized several litigation wins that resonated throughout the legal industry. He has achieved significant success in resolving complex matters in the discovery and class certification stages, even while aggressively defending his clients in such actions.Close
David E. Sellinger
Mr. Sellinger focuses his practice on complex civil litigation matters, including class action defense, trial in... | Read More
Mr. Sellinger focuses his practice on complex civil litigation matters, including class action defense, trial in federal and state courts, and in arbitrations. He has over thirty years of litigation experience in which he has represented corporate and individual clients in a broad array of lawsuits. Mr. Sellinger has represented corporations sued in class actions brought in both state and federal courts involving claims for consumer fraud, product liability, and violations of various state and federal statutes. He has handled cases in multi-district litigation (MDL) proceedings. In addition, Mr. Sellinger is currently involved in overseeing product liability class actions throughout the country for a national retailer as a member of GT's team serving as the client's national coordinating counsel for class actions. In the past, he also has represented institutional investors as plaintiffs in class actions involving claims of securities fraud and breach of fiduciary duty.Close