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.

Description

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.

Outline

  1. Class notice
    1. Satisfying due process
    2. Using experts
    3. Content of notice
  2. Reaching class members—determining proper notice channel
  3. Claims rates
    1. Factors that drive claims rates
    2. Dealing with unclaimed funds

Benefits

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.

Faculty

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, Denver

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
Rust Consulting, Minneapolis

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
Kinsella Media, Washington, D.C.

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.

Ordering

On-Demand CLE - Streaming Audio

Our best recorded option for CLE accreditation. Includes recorded streaming audio of full program plus PDF handouts.

Strafford is an approved provider and can request CLE credit for On-Demand programs in the following states. (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

AK, AZ, CA, CO, DE, FL, GA, HI, IA, ID, IL, IN*, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY*, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

On-Demand CLE Audio $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in the following states. (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

AK, AZ, CO, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, OR, PA, TN, TX, UT, VT, WA, WV, WY

To apply for Continuing Education credit for a recorded event, contact Strafford CLE to obtain an Attorney Affirmation Form at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Recorded Webinar Download $297.00

How does this work?

Recorded Audio Download (MP3) $297.00

How does this work?

DVD (Slide Presentation with Audio) $297.00 plus $9.45 S&H

How does this work?

CD (Audio with Slide PDFs) $297.00 plus $9.45 S&H

How does this work?

Webinar

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

or call 1-800-926-7926

Customer Reviews

The subject matter was covered in a very understandable way.

Constance Kotula

CarVal Investors

The seminar covered an important subject with major policy implications and the speakers addressed it completely with professionalism and thorough knowledge.

Allyn Z. Lite

Lite DePalma Greenberg

The speakers spoke in an understandable format with lots of examples.

Bill Zornes

Cimarron Lumber

A focused presentation offering practical information in a concise format.

Una Kang

Saiber

I thought the seminar was well worth my time.

Jeff Ouellet

Hartman Underhill & Brubaker

or call 1-800-926-7926

Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Founder

Karon LLC

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Winston & Strawn

Michael McCluggage

Partner

Eimer Stahl

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

or call 1-800-926-7926

Our Guarantee

Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.