Releases in Class Action Settlements: Strategies for Defining, Negotiating, and Drafting Enforceable Relief
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss what class action lawyers should consider when negotiating and drafting releases in class settlement agreements. The program will review various examples of acceptable and unacceptable releases.
Outline
- Defining the goal of the releases
- Defining the scope of claims released
- Claims in the litigation
- Claims "arising from" or "related to" event, subject
- Unknown claims
- Future claims
- Defining the class or classes
- Identical factual predicate
Benefits
The panel will discuss these and other vital issues:
- What is the relationship between the scope of the release and the relief to the class?
- How can counsel stay focused on the core issues of the settlement?
- What is the "identical factual predicate" of the relevant claims?
- Can releases ever be conditional?
- Should different parties get or give different releases?
- Can all claims be released?
Faculty
Abby Harder
Attorney
Lewis Roca Rothgerber Christie
Ms. Harder is an associate in the firm's Litigation Practice Group and associate co-lead of the firm’s Class... | Read More
Ms. Harder is an associate in the firm's Litigation Practice Group and associate co-lead of the firm’s Class Actions Group. Her diverse practice includes representation of clients in commercial litigation, including class action, trade secret, real estate, antitrust, and close corporation and partnership disputes. Ms. Harder has experience representing both plaintiffs and defendants in all phases of litigation, including dispositive motions, discovery, jury trials, bench trials, arbitration proceedings, and appeals.
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Aphrodite Kokolis
Counsel
ArentFox Schiff
Ms. Kokolis has a special practice emphasis on complex and appellate litigation, particularly the defense and... | Read More
Ms. Kokolis has a special practice emphasis on complex and appellate litigation, particularly the defense and settlement of class actions. She has litigated dozens of class action suits in federal and state trial and appellate courts involving insurance coverage and claims practices, as well as constitutional cases, consumer fraud and product liability, among others.
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Gerald L. Maatman, Jr.
Partner
Seyfarth Shaw
Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment discrimination class... | Read More
Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment discrimination class actions, wage and hour collective actions, EEOC pattern or practice lawsuits, and civil rights/denial of access class actions brought in federal and state courts throughout the U.S. Mr. Maatman also pioneered the process of conducting employment practices audits to assist employers in structuring effective and practical personnel policies and protocols.
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