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.”
Understand offers of judgment as a means of settlement in light of recent U.S. Supreme Court cases
Identify ethical considerations involved in pre-certification communications with putative class members regarding settlement
Recognize when and how, from an ethical perspective, negotiations regarding attorneys’ fees factor into overall settlement discussions
Discuss the ethical considerations involved in creating incentive awards for class representatives
Deborah Renner focuses her practice on complex commercial litigation, including the defense of consumer fraud, data breach, ERISA, and securities class actions. Deborah has successfully defended numerous companies in nationwide, multidistrict and state class actions. She has defeated class certification in courts around the country and has won the dismissal of class claims at the outset of numerous actions. Deborah frequently advises companies on class action defense and regulatory inquiries. Among her areas of knowledge and experience, Deborah is certified in information privacy.
Deborah leads BakerHostetler's class action practice in New York and is a founder and former editor of BakerHostetler's Class Action Lawsuit Defense blog. She also serves as the Pro Bono Coordinator for the New York office, and is on the firm's Diversity Committee.
Kimberly Kalmanson is an attorney with a private practice in New York City. Concentrating her practice on business and commercial litigation and transactions, Ms. Kalmanson represents a variety of clients in commercial lawsuits, primarily involving contract, securities, and fraud disputes in both federal and state court, as well as before FINRA and the American Arbitration Association.
Prior to establishing a solo practice, Ms. Kalmanson prosecuted and managed complex securities fraud cases against national and international companies and banking institutions on behalf of institutional investors at Labaton Sucharow LLP. There, Ms. Kalmanson’s primary focus was on residential mortgage-backed securities and the subprime mortgage lending and securitization industries. In addition, Ms. Kalmanson was primarily responsible for, and coordinated and managed multiple bankruptcy claims in a high profile federal bankruptcy. Before joining Labaton Sucharow, Ms. Kalmanson was an associate at Dentons US LLP (formerly, Sonnenschein, Nath and Rosenthal LLP and SNR Denton US LLP) where her practice focused on complex civil litigation, as well as white collar criminal and government investigations work. At Dentons, Ms. Kalmanson represented banks, institutional lenders and insurance companies in a variety of suits arising out of defaulted and distressed assets. Ms. Kalmanson has represented a variety of clients in breach of contract and fraud actions. One notable matter involved obtaining a $76 million summary judgment award on behalf of a European banking group in a suit in in New York federal court against loan guarantors, a judgment that was affirmed on appeal to the U.S. Court of Appeals for the Second Circuit. In addition, Ms. Kalmanson represented an insurance carrier in a suit to adjudicate the obligations of a financial institution managing a reference pool of assets underlying a series of credit swap transactions. Ms. Kalmanson has also represented a variety of institutions and individuals in government and internal investigations.
Solid course; very informative.
This is an important topic. Thank you for taking the time to address it in this course.
Great presentation. Documents were also very good.
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.
one of the best on line courses I've taken
Very well done
Could use more on ethical pitfalls to avoid and or best practices.
Excellent slides...which can be used later.
very thorough, and they presented the material well
Great program. Fabulous presenters and lots of information in an easy to follow informative presentation.
Liked the two-person panel.
I found it very informative.
This is an excellent presentation, an exemplary model for how to weave together ethical and substantive issues.
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