Ethical Considerations in Settling a Class Action Update

Production Date: March 23, 2017 Practice Areas: Ethics and Class Actions Estimated Length: 3633 minutes

$59

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Many class actions settle, and both plaintiffs’ and defense attorneys face many types of ethical issues as they settle class actions. For example, should a defendant company make an offer of judgment to a representative plaintiff to rid itself of a case? When settling a case, is a cy pres award appropriate for unclaimed funds? How do attorneys’ fees factor into settlement negotiations?

In this ethics program, led by attorneys Deborah Renner and Kimberly Kalmanson, we explore ethical issues from both sides of the “v.”

Learning Objectives: 

  1. Understand offers of judgment as a means of settlement in light of recent U.S. Supreme Court cases

  2. Identify ethical considerations involved in pre-certification communications with putative class members regarding settlement

  3. Recognize when and how, from an ethical perspective, negotiations regarding attorneys’ fees factor into overall settlement discussions

  4. Discuss the ethical considerations involved in creating incentive awards for class representatives

  5. Gain familiarity with the cy pres doctrine and the ethical considerations counsel must take into account in structuring a cy pres distribution
Rondal M.
FRISCO, TX

The presenters did a great job of trying to portray low damage class actions as being compatible with the concept of ethical practice of the law.

Dave D.
Danville, CA

Complex stuff

Andrea N.
Manhattan, NY

one of the best on line courses I've taken

Trudi L.
Westlake Village, CA

Very well done

Eric P.
Nutley, NJ

Could use more on ethical pitfalls to avoid and or best practices.

Elizabeth S.
Pennington, NJ

Very informative.

Corey E.
Renton, WA

Thank you

Stephen E.
Crestwood, KY

Excellent slides...which can be used later.

James M.
San Francisco, CA

very thorough, and they presented the material well

Kenneth R.
Manhattan Beach, CA

Great program. Fabulous presenters and lots of information in an easy to follow informative presentation.

Joy A.
Cliffwood, NJ

great presentation

Amanda R.
Louisville, KY

Liked the two-person panel.

Timothy P.
Symsonia, KY

I found it very informative.

Kory S.
Katy, TX

This is an excellent presentation, an exemplary model for how to weave together ethical and substantive issues.