Crafting Class Settlement Notice Programs: Due Process, Reach, Claims Rates and More
Minimizing Court Scrutiny and Overcoming Objector Challenges
Recording of a 90-minute CLE webinar with Q&A
Conducted on Tuesday, February 18, 2014
Recorded event now available
This CLE webinar will examine recent developments impacting class settlement notice programs. The panel will discuss new and evolving issues related to using notice experts, reaching class members through reliable media channels, and increasing claims rates. The panel will also offer best practices to minimize challenges to notice programs.
Class settlement notice programs are facing increased scrutiny by courts and settlement objectors, driven by staggering attorneys' fee awards and low claims rates by class members. Courts are focusing on the effectiveness of the notice of settlement, including whether due process standards were met, the language in the notice was adequate, and the methods used to reach class members were sufficient.
The options for delivering notice of settlements to class members have increased as the media landscape has evolved. Class counsel must remain vigilant regarding the available options for reaching class members and select the option that best aligns with the class members in a particular type of case.
Class counsel can help minimize heightened court scrutiny and objector challenges to settlements by understanding and leveraging the various court rulings in class litigation involving low claims rates and unclaimed settlement funds. Attorneys must take proactive steps to ensure that class settlement notice programs satisfy due process requirements, meet the Rule 23 direct notice and plain language standards, and comply with CAFA's notice requirements.
Listen as our authoritative panel discusses the latest developments with class settlement notice programs. The panel will examine the notice options that have been most effective for increasing reach and claims rates and offer best practices for ensuring that class settlement notice programs satisfy due process standards.
- Satisfying due process
- Using experts
- Content of notice
- Reaching class members—determining proper notice channel
- Factors that drive claims rates
- Dealing with unclaimed funds
The panel will review these and other key questions:
- What are the latest court trends impacting class settlement notice programs?
- How have the rapid advances in media and technology affected class settlement notice programs?
- What mistakes do class counsel commonly make when drafting and working with settlement administrators to implement notices of settlement—and how can they avoid them?
- What steps can class counsel take to ensure that class settlement notice programs survive court and objector scrutiny?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Robert Ahdoot, Principal
Ahdoot & Wolfson,
West Hollywood, Calif.
Mr. Ahdoot has extensive experience in prosecuting complex class action and representative lawsuits, litigating numerous class actions against large corporate defendants involving varied consumer rights claims. He has achieved successful results in a number of class actions against major credit card companies for privacy breaches and against manufacturers for false advertising, among others.
Casie D. Collignon, Partner
Baker & Hostetler,
Ms. Collignon represents clients in a variety of litigation matters, including class action lawsuits. She has been instrumental in successfully defeating class certification in consumer lawsuits, obtaining dismissals of class action claims in a variety of contexts, developing e-discovery strategies and reaching favorable class and non-class settlements by focusing on creatively limiting client exposure.
Tiffaney Janowicz, Senior Vice President
Ms. Janowicz leads the firm’s consumer practice area, with a depth of experience in insurance and healthcare and telecom matters. She has overseen all aspects of administration for more than 200 settlements, including a large software manufacturer’s antitrust settlements for the states of California, Iowa, Minnesota, New York and Wisconsin, as well as the $100 million Thomson Consumer Electronic settlement.
Shannon Wheatman, Senior Vice President
Ms. Wheatman specializes in designing, developing, analyzing, and implementing large-scale legal notification plans and direct notice campaigns. She provides testimony on the best notice practicable and is adept at finding cost-saving methods to satisfy due process. She has been involved in over 250 class actions and is recognized as a notice expert in state and federal courts in the U.S. and in Canada.
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Winston & Strawn
Class Action Law Advisory Board
Hagens Berman Sobol Shapiro
O'Melveny & Myers
Alston & Bird
Weinstein Kitchenoff & Asher
Winston & Strawn
King & Spalding
Harvard Law School
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