Opting Out of Class Actions: Advantages, Risks, Procedural Pitfalls, Settlement Leverage
Timing and Adequacy, Venue, Lessons From Recent Case Law
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide counsel for putative class members on what factors to consider when advising clients whether to opt-out of a putative class. The program will assist counsel for the defense on best strategies for keeping the class together. Whether to opt-out of a putative class action and the ensuing lawsuits are incredibly complicated and require different analysis than whether to pursue a stand-alone claim. The webinar will discuss not only the opt-out decision but also recent case law on the mechanics of opting.
- Significance of opt-out rights
- Contrasting opt-in classes
- Timing and adequacy of opting out (Allianz Global Inv’rs GMBH v. Bank of Am. Corp. (S.D.N.Y. May 28, 2020) )
- Factors to consider
- Time to resolution
The panel will review these and other key issues:
- How critical are opt-outs and objections in class action litigation?
- How frequently do class members opt-out of class actions in particular cases?
- What is the relationship between opt-out plaintiffs and objections?
- What other considerations exist besides the amount of recovery?
Jennifer Duncan Hackett
Ms. Hackett has experience in all aspects of complex antitrust, commercial, and financial services litigation,... | Read More
Ms. Hackett has experience in all aspects of complex antitrust, commercial, and financial services litigation, and has been instrumental in trials, international arbitrations, settlement negotiations, and federal appeals. She also has provided antitrust compliance counseling in a variety of scenarios and advises clients on all aspects of premerger notification, including Hart-Scott-Rodino filings and gun-jumping issues.Close
Brendan J. Rudolph
Mr. Rudolph consults to attorneys and helps prepare expert testimony in all phases of complex commercial litigation,... | Read More
Mr. Rudolph consults to attorneys and helps prepare expert testimony in all phases of complex commercial litigation, including class certification and other motion practice, merits, arbitration, and trial. He also leads Cornerstone Research’s real estate group.Close
Christopher S. Turner
Latham & Watkins
Mr. Turner has broad experience in complex commercial litigation, with a concentration on corporate governance... | Read More
Mr. Turner has broad experience in complex commercial litigation, with a concentration on corporate governance litigation and defense of accounting and auditing firms in securities class actions. He has obtained dismissals of securities class actions in myriad federal courts, and otherwise secured favorable nonpublic resolutions, for many of the world’s leading companies. Mr. Turner has conducted internal investigations and defended companies and individuals in securities fraud investigations by the Securities and Exchange Commission (SEC). He has represented Big Four auditors in investigations by the SEC and defended auditors against the SEC Division of Enforcement in administrative hearings.Close