- videocam Live Webinar with Live Q&A
- calendar_month April 9, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
- signal_cellular_alt Intermediate
- card_travel Class Action and Other Litigation
- schedule 90 minutes
Class Action Litigation Ethics: Navigating Gray Areas in Class Communications, Settlement
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About the Course
Introduction
This CLE course will discuss a series of cutting-edge scenarios routinely faced by class action plaintiff or defense counsel and their clients.
Description
A proposed class action often involves challenging ethical questions for attorneys. Those challenges may evolve, and answers become less clear as the case moves from proposed class action to certification or proceeds toward settlement.
Often the proposed class consists of the defendant's employees, customers, or others with whom the defendant must deal in the ordinary course of business. Plaintiff’s counsel, must determine if they can reach out to absent class members and whether they can pursue both injunctive and monetary relief in a settlement without creating conflicts. Navigating these and other issues requires careful analysis.
Listen as this panel of experienced class action attorneys discusses best practices and strategies for navigating ethical gray areas and preparing for the road ahead.
Presented By
Ms. Enders is a Shareholder in the Antitrust Practice Group. She has over two decades of experience representing businesses, individuals, and municipalities in complex antitrust class action cases. Ms. Enders has deep experience investigating and developing antitrust cases, navigating complex legal and factual issues, negotiating discovery, synthesizing and distilling conspiracy evidence, drafting complex briefs, and working with economic experts to develop models of antitrust impact and damages.
Mr. Park is a litigator with more than a decade of experience representing companies in high-stakes class actions, complex commercial cases and arbitrations, and regulatory matters. He efficiently guides clients through all phases of class actions, including discovery, summary judgment, class certification, expert motions, pre-trial work, and settlement. Mr. Park understands the complexities and costs associated with litigating class actions and the ever-changing landscape of class action law. He has defeated class actions on the merits and at the certification stage and has implemented strategies for clients that significantly reduced exposure before settlement. Mr. Park has served as counsel for clients in a wide range of industries defending them against claims for violations of the RICO Act, fraud, unfair competition and business practices law, trade secret misappropriation, business interference, breach of contract, and breach of fiduciary duty.
Ms. Patterson is a litigation associate whose practice focuses on class actions and complex civil litigation matters throughout the United States involving the insurance and financial services industries. While in law school, Ms. Patterson served as an intern to the Honorable Edwin G. Torres, where she researched and prepared judicial opinions on various discovery and litigation issues. She was an editorial member of the University of Miami Law Review and was on the executive board for the Charles C. Papy Jr. Moot Court Board.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
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Live Online
On Demand
Date + Time
- event
Thursday, April 9, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Applicable rules of professional responsibility and statutes
II. Conflicts of interest
III. Communications with proposed class members
IV. Ethical considerations in settlement
The panel will review these and other key issues:
- May the defendant communicate with its customers/employees if the proposed class includes a large number of its customers or employees?
- May the company communicate with potential class members to prepare their defense in opposition to class certification?
- Are side agreements with class counsel ethically permitted?
- May defendants "pick off" plaintiffs?
- Are reverters ever permissible in class action settlements?
- Whether plaintiff’s counsel affirmatively reach out to absent class members to discuss the litigation;
- Whether plaintiff’s counsel can prevent defense counsel from discussing the case with absent class members;
- Whether plaintiff’s counsel can treat different types of class members differently in a settlement; and
- Whether plaintiff’s counsel can pursue both injunctive and monetary relief in a settlement without creating conflicts.
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