Class Action Settlement Considerations: Ten Tips for a Successful Settlement (The Case Law)

FDDC Insights
35 minute read | December.22.2015

The following article discusses recent, significant decisions on federal class action settlements. While not all inclusive, these cases may help practitioners avoid common (and some not-so-common) pitfalls when trying to reach a successful, lasting class action settlement. This article assumes that the reader is at least generally familiar with the settlement procedures under Fed. R. Civ. P. 23 and the Class Action Fairness Act (“CAFA”).

The Seventh and Ninth Circuits have issued most of the notable recent decisions. Further, perhaps not surprisingly, most of the cases below involve fee calculations, but some opinions (particularly in the Seventh Circuit) touch on a host of issues and educate practitioners on how not to settle a class action. Finally, “coupon” settlements (already of limited acceptance due to CAFA) have received some recent attention by the Ninth Circuit.

Originally published in FDDC Insights, December 2015 issue; reprinted with permission.

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Authors

Leslie Meredith Partner, Strategic Advisory & Government Enforcement (SAGE), Financial & Fintech Advisory

Washington, D.C.

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D:+1 202 349 7976
E: [email protected]

Practice:

Strategic Advisory & Government Enforcement (SAGE)
Financial & Fintech Advisory
Complex Litigation & Dispute Resolution
Government Investigations and Enforcement Actions
Financial Services Litigation

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See full bio

Leslie Meredith Partner

Washington, D.C.

Leslie is an effective communicator who is able to distill complex facts and legal concepts, and turn them into simple, compelling, and persuasive stories, both in court and in negotiations with the government. Although she has been involved at every stage of litigation, some of her greatest successes were in cases that were resolved quickly or that concluded with the government choosing not to take action at all. She is passionate about partnering with her clients to understand their priorities and find innovative and cost-effective strategies to resolve disputes favorably.

Leslie has significant experience managing complex and cross-border e-discovery, handling pre-trial motions, including overseeing successful summary judgment motions and motions to dismiss, taking and defending critical fact and expert depositions, and preparing for evidentiary hearings and trials.

In addition to representing clients in federal and state courts around the country, she has helped clients navigate and resolve enforcement actions by state and federal regulators, including the Consumer Financial Protection Bureau (CFPB), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), Federal Reserve Board (FRB), Department of Justice (DOJ), and state attorneys general, relating to a wide range of subject matter areas, involving both traditional and alternative financial services.

Drawing on the breadth of her experience in the financial services industry, Leslie also counsels clients on compliance with consumer protection laws and supervision preparedness. Her areas of focus include, prohibitions on unfair, deceptive or abusive acts or practices (UDAP and UDAAP); customer complaints management; and codes of conduct and business ethics, including policies related to outside business interests and the Bank Bribery Act.

Prior to joining Orrick, Leslie was counsel at Buckley LLP. She also completed a six-month secondment at a large financial institution, working as a member of the private banking legal advisory group and the litigation department. Leslie is a Professorial Lecturer in Law at the George Washington University Law School, and maintains an active pro bono practice focused on criminal justice and immigration matters.