New Amendments to Federal Rule 23: Impact on Class Action Practice

Revisions to Preliminary Approval, Notice Requirements, Settlement Approval, Class-Member Objections, and Appeals

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


Conducted on Wednesday, February 13, 2019

Recorded event now available

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Program Materials

This CLE webinar will discuss the changes to the federal class action rule that took effect on Dec. 1, 2018. Our panel will explain the changes and address both the obvious and subtle impacts on class action practice and practitioners by the amendments to Rule 23, and will also discuss resulting new strategies for approaching class actions from both the plaintiff and defense perspectives.

Description

Significant amendments to the Federal Rules of Civil Procedure's Rule 23, which governs class actions, have just taken effect. These changes--while admittedly not breathtaking--are the first amendments to Rule 23 in 15 years and meaningfully impact class action strategy and practice.

Reduced to their essentials, the amendments expand the means of notice to class members; set a performance standard for the information that must be submitted to the district court before the district court can give notice to the class of a proposed settlement; establish core factors the district court must consider in evaluating a request to approve a proposed settlement; address consideration offered to class action settlement objectors to withdraw an objection; and clarify that no appeal may be taken from the approval by the district court of a class action settlement.

Listen as our authoritative panel discusses the straightforward import of these rules, analyzes the subtle and nonobvious significance of the changes, and provides practical guidance for capitalizing on the new rules in litigating class actions in federal court.

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Outline

  1. Overview of primary changes to Rule 23
    1. Preliminary approval
    2. Notice requirements
    3. Settlement approval
    4. Class member objections
    5. Interlocutory appeals
  2. Miscellaneous changes and considerations
  3. Strategies and implications
    1. For class action plaintiffs
    2. For class action defendants

Benefits

The panel will review these and other critical issues:

  • What are the practical effects of the amendments?
  • How do the new rules subtly impact class action practice?
  • What are best practices for counsel to employ in light of the new rules?
  • What strategies and tactics can be deployed to benefit from the amendments?

Faculty

Ackerman, Wystan
Wystan M. Ackerman

Partner
Robinson & Cole

Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been...  |  Read More

Barkett, John
John M. Barkett

Partner
Shook Hardy & Bacon

Mr. Barkett is a commercial (contract, corporate, and banking disputes, employment, trademark, and antitrust) and...  |  Read More

Bernay, Alexandra
Alexandra S. (Xan) Bernay

Partner
Robbins Geller Rudman & Dowd

Ms. Bernay specializes in antitrust and unfair competition class action litigation. She has also worked on some of the...  |  Read More

Mason, Gary
Gary E. Mason

Founding Partner
Whitfield Bryson & Mason

Mr. Mason is a nationally recognized leader of the class action bar. Focusing on consumer class actions and mass torts,...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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