About the Course
Introduction
This CLE webinar will discuss recent trends in class action settlements and how courts continuously evaluate settlements under Federal Rule of Civil Procedure 23(c) at the preliminary, final, and post-approval stages. The panel will discuss how class and defense counsel can best anticipate and meet the new normal of sustained judicial scrutiny throughout the entire settlement process.
Description
The number and amount of class action settlements across the employment, securities, consumer protection, and product liability spheres continue to rise and show no signs of stopping. Given the unprecedented dollars involved in class settlements, low participation rates, and high attorneys' fees, now more than ever courts take very seriously their obligations under Rule 23(c) to evaluate and rigorously assess any proposed class settlements. Both class and defense counsel benefit from responding to and anticipating this increased scrutiny.
Courts are increasingly requiring additional supplemental briefing, revisions to the settlement terms, and detailed support for attorney fee requests. Post-settlement obligations to report back to the court are now routine. In late 2025, one judge ordered further inquiry and full disclosure into "side deals" among class counsel over attorneys' fees.
Listen as our distinguished panel discusses recent class settlement trends and the continuation of increased and rigorous scrutiny of class settlements.
Presented By
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been involved in defending more than 60 class actions in numerous jurisdictions and in many of those cases prevailed on a dispositive motion. Mr. Ackerman has defended putative class action cases involving insurance and financial services, products liability, data breaches, healthcare, consumer contracts, and securities. Mr. Ackerman has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the DRI, and is currently Vice Chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel.
Since 1998, Mr. Francis has focused his practice in consumer protection litigation, with a particular concentration in fair credit reporting, fair debt collection practices and consumer class actions. He has been certified to serve as class counsel in over 35 consumer class actions and has served as counsel the some of the largest FCRA settlements in history. Mr. Francis is a frequent speaker for consumer financial services litigation CLE programs.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, October 1, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Recent trends in settlement
II. Overview of history leading up to increased judicial scrutiny of class action settlements
III. Considerations at the preliminary approval phase
IV. Considerations at the final approval phase
V. Post-approval obligations and judicial scrutiny
VI. Impact of increased scrutiny on attorneys' fees approvals and payment
The panel will review these and other relevant topics:
- What are judges looking for at the preliminary approval stage?
- What are judges asking for at the final approval stage?
- What steps are judges taking during this "third phase" of settlement review?
- What steps can counsel take to ensure compliance with increased judicial scrutiny?
Related Courses
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