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Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE course will discuss how to structure and then draft effective blow-up terms, best practices for maintaining their confidentiality if that would be of interest, and what types of terms are more likely to be deemed material to assess the settlement, and therefore, more likely to be disclosed.
Description
Most class action settlements include a "blow-up" provision which permits defendants to terminate or alter settlement if the estimated exposure from litigation reaches a certain level. The structure and wording of blow-up terms, however, can vary depending on the type of settlement and goals it is trying to accomplish.
Defendants sometimes do not want class members privy to blow-up provisions, fearing that this knowledge will embolden class members to threaten to exclude themselves from settlement and provide them with excessive leverage. Thus, it is not unusual for courts to permit filing blow-out terms under seal or allow them to be designated confidential for "Attorneys Eyes Only."
Listen as this experienced panel of class action attorneys discusses the art and science of structuring and then drafting blow-up provisions in different types of class actions, the advantages of confidentiality, and how to stabilize settlement if the blow-up provisions must be disclosed.
Presented By
Mr. Chorba is co-chair of the firm’s Class Actions Practice Group. He specializes in defending class actions and complex litigation. Mr. Chorba has substantial experience across a broad range of complex commercial matters at the trial and appellate level in California and throughout the country, and in multi-district litigation (MDLs). His litigation and counseling experience includes work for companies in every industry—including automotive, beauty / cosmetic, consumer products, education, entertainment, financial services, food and beverage, health care, insurance, life sciences, retail, social media, sports and gaming, technology, telecommunications, and utility / energy. Mr. Chorba has been recognized in Chambers USA: America’s Leading Lawyers for Business and in The Best Lawyers in America for Commercial Litigation. Benchmark Litigation acknowledges Chris as a “Litigation Star,” and Law360 also named Chris a “Class Action MVP,” which profiles attorneys who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The National Law Journal also identifies him as a “Trailblazer” for his work defending consumer class actions, and Lawdragon recognizes him as one of "500 Leading Litigators in America" and the "500 Leading Global Litigators."
Ms. Kiser, a member of the federal trial bar, defends companies in high-stakes civil disputes arising from dangerous or toxic products or substances, consumer fraud, false advertising, breach of warranty, privacy violations, unfair competition and other torts. A seasoned and vigorous advocate both in and outside of the courtroom, her innovative approaches to complex legal questions have resulted in the development of new law favorable to her clients and entire industries.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, October 28, 2020
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Overview of settlement requirements
- Types of "blow-up" provisions and types of cases in which they appear
- Provisions based on percentage or number of opt-outs
- Provisions based on number of shares and other formulas
- Provisions requiring disgorgement
- Drafting pitfalls
- Recent cases regarding confidentiality
The panel will review these and other key issues:
- What purposes do blow-up provisions serve?
- What are typical blow-up provisions?
- Are certain blow-up provisions unethical?
- Must blow-up provisions always be disclosed to the court?
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