12 March

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Class Action Promotion Sites and Free Media: The Business of Making Claims Go Viral

Class action lawsuits are a much bigger risk today than they were 30 years ago. The internet has completely changed how consumers gain awareness of class action lawsuits and how they file claims for settlement benefits. As a result of these changes, class sizes have grown exponentially. In years past, known class members received direct notice, via mail, of their right to file a claim. Additionally, claim notices and filing instructions might be posted in one or two relevant print publications. For many consumers, filing a claim was more trouble than it was worth. Today, scores of websites and social media groups exist for two key purposes: (1) notifying the public of available class action settlement payouts; and (2) providing a quick and easy portal for filing claims. The impact of these sites is undeniable. For example, in one recent case against a supplement manufacturer, of the 44,000 consumers who filed a...

12 March

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Class Action Litigation Uncertainty: The M&A Killer

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It is no secret that class action lawsuits can have disastrous effects on mergers and acquisitions. One need look no further than the news to meet this point. In 2003, for example, famed environmental activist Erin Brockovich filed a class action lawsuit against Wainoco, a subsidiary of Frontier Oil Corp. At the time, Frontier was a party to a merger agreement with Holly Corp. worth $450 million. When news of the class action broke, Holly Corp. backed out of the merger, citing concern over the impact the suit would have on Frontier’s stock prices and overall financial condition. That situation is not unusual. Just this year, Tribune Media backed out of a planned merger with Sinclair Broadcast Group. Though that merger fell apart for several reasons, the fact that Sinclair was defending three class action lawsuits played a role in the deal’s demise. The truth is, class action lawsuits form a giant wall...

16 January

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The Impact of Free Media on Class Actions

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Class action lawsuits are certainly not new. Indeed, some scholars believe they date back to medieval times, when groups of villagers would choose three or four representatives to represent their collective interests in court. What is new, however, is the rampant popularity of class action lawsuits in the age of the internet and social media. Whereas notice to class members historically came by way of mailings or publication in relevant periodicals, today class membership is an advertised commodity. Consequently, class awards have the potential of becoming exponentially larger than they’ve ever been. By way of illustration, this article presents some of the top websites advertising quick cash through participation in class action suits. It also explores several case studies illustrating how media attention to class action lawsuits has changed the way class payouts are made. Additionally, the article touches on the desirability of various settlement structures that may help stem the tide of...

22 October

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When is the right time to settle a class action?

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Perhaps more than any other type of litigation, class actions often feature dynamic shifts that quickly alter the settlement landscape. For example, the court’s ruling on a motion to compel discovery may bring a new perspective on liability exposure. And a decision on class certification often upends both parties’ expectations. The risks and benefits of continuing to defend class actions are constantly changing. Accordingly, defense counsel would be wise to analyze settlement options at every phase of the case. Finding the most efficient litigation off-ramps is one of the greatest skills a lawyer can develop. And perhaps nowhere is that skill more critical than in class actions. In this article, first we present a case study of a good settlement opportunity that was lost only to be exploited by class counsel later in the case. Next, we explore some of the nuances that should inform the settlement analyses throughout litigation. Case Study In one...

14 June

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Why Waiting to Consider Settlement Could be a Mistake

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Class action lawsuits are complex, and many companies that find themselves involved in them are under the impression that they are in for a long, protracted battle. However, this doesn’t always have to be the case. While there is no one-size-fits-all approach to class actions, early settlement consideration can provide a number of benefits to the defending company. Thus, the decision to fight or to settle the lawsuit is not mutually exclusive, but rather can, and often should, be evaluated and pursued simultaneously early in the case. Defending litigation is expensive and the majority of cases end up with a cash settlement. So, the question is: Can an early settlement provide an efficient end to litigation? The simple answer is yes, for a number of reasons. When settlement is considered at the beginning of litigation, class counsel: Has not yet invested copious time and expense – factors which, when added up, can...

28 April

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When Settlement Claims Exceed the Fund

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Experienced class action attorneys know that predicting settlement response rates is anything but an exact science, and it is particularly difficult in today’s environment, with social media and settlement promotion sites. Any class action settlement can go viral, causing unpredictably high claim rates and putting companies at risk of exceeding their settlement fund....

14 April

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Settling Class Actions, from the Defending Company’s Perspective

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in Blogs & Articles, Uncategorized

While class counsel has its own objectives when it comes to settling class action lawsuits, the defending company has fundamentally different analyses. First is whether it should settle the case at all, as there are often business reasons not to do so. For example, the company may not want the reputational hit, to invite regulatory scrutiny or to set a bad precedent by settling....

11 April

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Class Counsel’s Perspective on Class Action Settlements

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When it comes to class action lawsuits, it is a universal truth that the class counsel will always want to settle. In fact, the sooner, the better as, class counsel is paid upon resolution. And, quicker resolutions, allowing the payment of a class benefit and a pathway to fees, are optimal. So, while defense counsel and the companies they represent consider whether settlement is even appropriate given legal and business interests, class counsel is already focusing on the structure of the settlement....

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