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Jones Day

Rising Fraudulent Claims Submitted to Class Action Settlement Funds Heighten Settlement Risk

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Consumers frequently receive only a paltry fraction of class action settlement funds, which are instead doled out to plaintiffs’ lawyers, cy pres recipients, and administrators. Now this problem is compounded by a recent...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

American Conference Institute (ACI) on

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

McDermott Will & Emery

A Practical Guide to the Undistributed Settlement Funds Problem and the Cy Pres Solution

McDermott Will & Emery on

When you finally reach an agreement to settle a hotly contested class action, you want more than anything for the court to approve your settlement agreement and for the case to be over. But, to get to the end of the case,...more

Robinson+Cole Class Actions Insider

First Circuit Rejects Class Action Settlement Based on Potential Intra-class Conflict, But Approves Named Plaintiff Incentive...

Robinson+Cole Class Actions Insider on

When negotiating a class action settlement, lawyers on both sides may need to consider whether subgroups within the class need to be separately represented by different counsel. The First Circuit recently reached that...more

Pierce Atwood LLP

What’s So Different About Class Action Mediation?

Pierce Atwood LLP on

The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more

Pierce Atwood LLP

Keys to Class Action Settlements: Understanding the Interests at Stake

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Fundamental to the ability to settle a class action is understanding the interests that are being represented by the parties and other stakeholders. Although any given case might present its own unique circumstances, in...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 3: The Judge

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In previous posts, I have discussed the roles of two of the players in class settlements: defense counsel and class counsel. For the third and final installment in this series, I will discuss the role of the third and most...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 2: Class Counsel

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In Part 1 of this series, I explained the role of defense counsel in class action settlements. In this Part 2, I will explore the role of class counsel. I embark on this journey with some trepidation, because as a defense...more

Pierce Atwood LLP

A Few Do’s and Don’ts of Class Mediations

Pierce Atwood LLP on

Having experienced class action mediations both as advocate and as mediator, I have witnessed a variety of approaches to the mediation process, some helpful and some unhelpful. Here is a partial list of do’s and don’ts when...more

Pierce Atwood LLP

The Roles of the Players in Class Settlements. Part 1: Defense Counsel

Pierce Atwood LLP on

Class action settlements are different from other settlements for several reasons. The most obvious difference is that class action settlements are subject to a unique notice and court approval process. The overriding purpose...more

Pierce Atwood LLP

A Class Settlement Checklist

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Having heard good things about it for years, last month I finally got around to reading Dr. Atul Gawande’s book, The Checklist Manifesto, and have begun to give some thought regarding its application to class action practice....more

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