Ethical Risks in Class Litigation: Locating and Communicating With Class Members, Settlements, and More
Strategies for Plaintiff and Defense Counsel to Avoid Ethics Violations and Malpractice Liability
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss strategies for plaintiff and defense counsel to navigate the unique ethical challenges that arise in class litigation, including the risks involved with locating and communicating with class members and engaging in class settlement negotiations.
- Conflicts of interest within the class
- Differences among class members
- Model Rules
- Model Code
- Communication with class members
- Ex parte communications
- Ethical issues in settlements
- Negotiating attorneys’ fees
- Non-monetary class benefits—how to place a value on these benefits?
- When a named plaintiff settles pre-certification
The panel will address these and other key issues:
- What unique ethical challenges do class counsel face when representing plaintiffs or defendants in class litigation?
- What guidance do the Model Rules of Professional Conduct, Rule 23 and case law provide in resolving the ethical issues inherent in class litigation?
- At what point can plaintiff and defense attorneys make contact with potential class members?
- When and how does settlement by a named plaintiff create a conflict of interest as it relates to other potential class members?
- What issues exist with cy pres awards, and what guidelines exist for counsel and the court in determining the propriety of cy press awards and the recipients of those awards?
Thomas L. Allen
Mr. Allen has more than 25 years' experience representing business clients in complex litigation, including... | Read More
Mr. Allen has more than 25 years' experience representing business clients in complex litigation, including securities, antitrust, IP, consumer finance, business fraud and other commercial cases. He has spearheaded the defense of more than 75 class actions throughout the U.S. and is familiar with all aspects of class action practice. Mr. Allen has been defense counsel in three jury trials of certified class actions that went to verdict; two resulted in defense verdicts, and the plaintiffs' verdict in the third case was reversed on appeal.Close
Nicholas R. Diamand
Lieff Cabraser Heimann & Bernstein
Mr. Diamand’s practice is focused on securities and consumer fraud cases. He represents funds in securities fraud... | Read More
Mr. Diamand’s practice is focused on securities and consumer fraud cases. He represents funds in securities fraud litigation against AIG. His present and past case work concerning consumer fraud includes digital privacy litigation against Facebook, among others, and the firm’s cases against the nation’s largest banks for their unfair and deceptive practices to maximize the occurrence of overdraft fees; as well as the litigation of gas royalty underpayment claims in which plaintiffs recovered more than $100 million in cash and future benefits.Close
Deborah H. Renner
Baker & Hostetler
Ms. Renner's practice focuses on complex commercial litigation, including the defense of consumer fraud and... | Read More
Ms. Renner's practice focuses on complex commercial litigation, including the defense of consumer fraud and securities class actions. She leads her firm’s Class Action Practice in New York. She has defeated class certification in courts around the country and has won the dismissal of class claims at the outset of numerous actions.Close