Drafting Blow-Up Provisions in Class Action Settlement Agreements
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss how to structure and then draft effective blow-up terms, best practices for maintaining their confidentiality if that would be of interest, and what types of terms are more likely to be deemed material to assess the settlement, and therefore, more likely to be disclosed.
Outline
- Overview of settlement requirements
- Types of "blow-up" provisions and types of cases in which they appear
- Provisions based on percentage or number of opt-outs
- Provisions based on number of shares and other formulas
- Provisions requiring disgorgement
- Drafting pitfalls
- Recent cases regarding confidentiality
Benefits
The panel will review these and other key issues:
- What purposes do blow-up provisions serve?
- What are typical blow-up provisions?
- Are certain blow-up provisions unethical?
- Must blow-up provisions always be disclosed to the court?
Faculty
Christopher Chorba
Partner
Gibson, Dunn & Crutcher
Mr. Chorba has had substantial experience litigating a broad range of complex commercial matters at the trial and... | Read More
Mr. Chorba has had substantial experience litigating a broad range of complex commercial matters at the trial and appellate level in California and throughout the country, with an emphasis on claims involving California’s Unfair Competition and False Advertising Laws (Business & Professions Code § 17200 and § 17500), the Consumers Legal Remedies Act (California Civil Code § 1750 et seq.), the Lanham Act, and the Class Action Fairness Act of 2005. His litigation and counseling experience includes work for companies in the automotive, consumer products, entertainment, financial services, food and beverage, social media, technology, telecommunications, insurance, health care, retail, and utility industries.
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Livia M. (Liv) Kiser
Partner
King & Spalding
Ms. Kiser, a member of the federal trial bar, defends companies in high-stakes civil disputes arising from dangerous or... | Read More
Ms. Kiser, a member of the federal trial bar, defends companies in high-stakes civil disputes arising from dangerous or toxic products or substances, consumer fraud, false advertising, breach of warranty, privacy violations, unfair competition and other torts. A seasoned and vigorous advocate both in and outside of the courtroom, her innovative approaches to complex legal questions have resulted in the development of new law favorable to her clients and entire industries.
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