Releases in Class Action Settlements: Strategies for Defining, Negotiating, and Drafting Enforceable Relief

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, January 13, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage and hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, Mr. Maatman also helps his clients anticipate large-scale litigation risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. He also writes and lectures extensively on class action and employment litigation topics. Mr. Maatman has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico.

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.

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.
Description
Defense counsel, in particular, must think strategically about the scope and language of a proposed release. This exercise should not be an afterthought. Only released conduct arising out of the "identical factual predicate" as the claims in the underlying class litigation can and will be precluded, regardless of the words on the paper.
Kitchen sink releases of "including without limitation" "any and every kind" of claim can destroy a settlement that may have taken months or years to negotiate, and/or draw objections, in some cases, even from the Department of Justice.
The scope of the release is tied to the nature and scope of the relief granted and the risk of non-participating class members. Trial courts usually permit a class settlement to release a broader set of claims than those asserted in the class complaint. Counsel must identify and document the right balance.
Listen as the panel guides class action counsel through the best strategies for setting the scope of the release, negotiating it, and drafting it.
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?
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