The Nuts and Bolts of Class Action Settlements: Best Practices and Recent Developments

Defendants settling class actions face a dizzying array of tactical, ethical, procedural, and practical problems. For example, what are the advantages and disadvantages implicated by common components of class-wide settlements, including the claims process, the notice program, and the disposition of unclaimed funds? What are best practices for addressing opt-outs and objections? What should you know about conferring with notice experts and claims administrators? And when does it make sense to retain a mediator to oversee negotiations? In this course, members of Drinker Biddle & Reath LLP’s Class Actions team explore best practices and recent developments on these and other important issues. Drawing from their own experience and recent developments in the case law, partners Michael P. Daly and Kathryn E. Deal provide a comprehensive roadmap for handling the negotiation and implementation of class-wide settlements.

Learning Objectives:

1. Understand the mechanics of the class action settlement process from start to finish
2. Review recent decisions discussing substantive and procedural issues in class-wide settlements
3. Identify common pitfalls that can de-rail the settlement process or give rise to objections
4. Explore best practices to achieving an advantageous and efficacious class settlement