Structuring Class Settlements to Obtain Court Approval

Attorney Fees, Notice, Claims Rates, Coupon Settlements, Incentive Awards and More

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


Conducted on Wednesday, September 20, 2017

Recorded event now available

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Program Materials

This CLE webinar will examine how parties in class litigation can structure class settlement agreements to overcome courts’ increasing rejection of such agreements and obtain approval. The program will analyze recent court treatment of attorneys’ fees; notice and claims-response rates; cy pres and coupon settlements; incentive awards; and claims-made and reversionary settlements.

Description

Class litigators continue to face challenges resulting from court scrutiny of class settlements. Courts are increasingly tossing out class settlement agreements that include conditional incentive awards, coupon settlements and cy pres distributions, finding that they do not provide sufficient benefits to the affected class.

Courts also continue to closely examine attorney fees as part of the settlement approval. As such, all parties must carefully consider how counsel is paid. Recently, judges (and the FTC) are also paying more attention to the claims rate (percentage of class members filing claims).

Class counsel must understand recent court actions regarding class settlement agreements in order to develop effective litigation and settlement tactics.

Listen as our panel of class litigators analyzes how counsel in class litigation can structure settlements to overcome courts’ increasing rejections of settlement terms and obtain approval. The panel will look at recent court treatment of attorneys’ fees, notice and claims response rates, cy pres and coupon settlements, incentive awards, claims made and reversionary settlements.

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Outline

  1. Notice and claims forms
  2. Claims rates
  3. Coupon settlements
  4. Cy pres relief
  5. Claims made, reversionary settlements
  6. Incentive awards
  7. Attorney fees

Benefits

The panel will review these and other key issues:

  • How are courts currently dealing with cy pres awards, coupons and conditional incentive awards in proposed class settlements?
  • What are court objections to low claim response rates?
  • What should all counsel consider in relation to the benefit to the class when setting attorney fees?

Faculty

Kahn A. Scolnick
Kahn A. Scolnick

Partner
Gibson Dunn & Crutcher

Mr. Scolnick has handled a wide range of litigation matters in state and federal courts, from the pre-filing stage...  |  Read More

Alexis L. Shapiro
Alexis L. Shapiro

Partner
Goodwin Procter

Ms. Shapiro concentrates her practice on representing public companies, private entities, and officers and...  |  Read More

Alfredo Torrijos
Alfredo Torrijos

Partner
Arias Sanguinetti Stahle & Torrijos

Mr. Torrijos prosecutes both individual and class actions in state and federal court, focusing on complex litigation...  |  Read More

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