Best Practices for Settling Securities Class Actions: What Attorneys, Clients and Insurers Should Know

Courts and parties have long recognized the complexity and uncertainty inherent in securities class actions, and the very large amount of potential damages often at stake. As a result, all involved generally favor settlement for most cases that survive dismissal motions, with very few cases going to trial. Given the large percentage of cases resolved through settlements, securities litigators must understand the intricacies and unique features of securities class actions, including the number of negotiating parties, the role of multiple D&O carriers, notice to class members and the settlement process that must be followed in the courts.

This program will provide guidance not only on the procedural and technical processes for settling securities class actions, but also strategic considerations for doing so. The panelists for this program include extremely well-known and respected securities class action mediators Layn R. Phillips, former United States Attorney, former United States District Judge and founder of Phillips ADR Enterprises, and Niki Mendoza, Mediator/Class Action Settlement Strategist with Phillips ADR, has more than 20 years experience collaborating with parties and insurers to structure global settlements that achieve their goals in efficient and cost-effective ways. The panelists will provide real life examples of successful settlements, ways to increase the likelihood of settlement and the ways in which mediators contribute to the likelihood. Together the panelists have a huge amount of experience and the resulting recommendations for the audience on techniques of fostering settlement will be invaluable.    

This program will benefit outside attorneys involved in securities litigation, D&O insurers as well as representatives from companies who face securities litigation risks, including in-house counsel, board members and senior officers. 

Learning Objectives:

1. Identify the legal framework for securities class actions settlements, including the settlement approval process

2. Discuss optimal timing to begin settlement discussions

3. Describe key settlement terms to negotiate

4. Explore real life examples of strong settlement strategies, as well as weak settlement strategies

5. Describe the types of facts and issues that mediators are looking for to use to persuade parties to compromise  when parties are trying to settle a securities class action