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Mediating class action litigation often becomes a battle between the unstoppable force and the immovable object. Class Counsel seeks large dollar damages to benefit the class and to achieve Court approval. In contrast, companies seek to preserve capital and mitigate risk. Finding common ground between these counterpoints can be challenging and at times elusive.

Risk Settlements is the leading provider of class action settlement solutions that bridge a settlement divide by designing a resolution which satisfies class counsel while meeting the financial and legal objectives of the company. According to Mediator Rodney Max, “the financial drain from continued litigation and the uncertain impact of settlement all changes when Risk Settlements is part of the process. Its sophisticated team solves business risks, provides certainty and makes settlements achievable when it would have been impossible otherwise.” By involving Risk Settlements, mediators provide defendants with access to Class Action Settlement Insurance (CASI)—the only insurance policy designed to allow companies to transfer the financial risk of settling existing class action litigation. Through CASI, defendants receive the cost-certainties needed for a quick resolution and peace-of-mind.

Class action cases present an array of complex interests and motivations that mediators must consider when negotiating settlement structures. With decades of class action experience, Risk Settlements provides mediators with the solution to bridge what appears to be an insurmountable gap between the parties.

Risk Settlements Can Help You

To arrange a confidential consultation, discuss your specific needs, or learn more about how we can meet your financial and business objectives, please email us, call us at (214) 570-3661 or click the Contact Us button on this page. We look forward to helping you solve any financial and legal uncertainty arising from existing or threatened litigation.

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The Ninth Circuit’s October 2021 McKinney-Drobnis v. Massage Envy Franchising decision might signal the death knell for voucher-based class action settlements that are not considered “coupon” settlements under CAFA. If this settlement cannot survive, it’s not clear...

Briseño v. Henderson: Can the Parties Salvage the Settlement?

The Ninth Circuit’s June 2021 decision in Briseño v. Henderson, which reversed and remanded a claims-made settlement involving the ConAgra-owned Wesson Oil’s use of a “100% natural” label, attracted attention for its colorful language, including pop culture references...

Litigation Buyout Insurance: How Does It Work?

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by Ross Weiner I wrote a June 2021 article in Law360 describing how competitor advertising disputes brought to the National Adverting Division (NAD) are often a precursor to civil litigation.  But a recent decision out of the Northern District of California...

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On June 1, 2021, the 11th Circuit stymied a certified class’s effort to force an insurance company to cover its insured’s TCPA settlement.  Horn v. Liberty Ins. Underwriters, Inc., 998 F.3d 1289 (11th Cir. 2021).  The court agreed with the district court’s...

TransUnion’s Unintended Consequence: More State Court Class Actions

It has been well documented that the Supreme Court’s June 25, 2021, opinion in TransUnion LLC v. Ramirez further limits the ability of plaintiffs to bring lawsuits in federal court based on technical statutory violations.  Indeed, to establish federal court...

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