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Multiplaintiff Settlement Negotiations

 Lorman Education Services
nMultiplaintiff, class and collective actions continue to increase. More and more employers are facing wage and hour cases and collective actions under the FLSA. Plaintiffs' counsel increasingly are relying on the benefits of Rule 23 certification to bring their wage and hour claims under applicable state wage and hour laws, bypassing the more restrictive FLSA collective action "opt-in" process. Where courts have shown reluctance to certify Rule 23 classes under discrimination laws, plaintiffs' counsel simply bring multiplaintiff cases naming long lists of employees as co-plaintiffs. Dukes v. Wal-Mart may herald a revival and expansion of discrimination class actions. Employers are confronted with the burden, expense and difficulty of defending large numbers of claims joined in a single action, and their opponents seek to capitalize on those factors. Employers face numerous practical and legal problems in attempting to settle such litigation, even where the core economic factors make settlement otherwise plausible. This teleconference will address those practical and legal considerations. The teleconference will help participants understand when and how best to approach such settlement attempts at various stages of the case, and will discuss how to ensure that any agreement is binding and properly managed so as to minimize exposure to further litigation.
Related Awards, Degrees or Certifications: ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be av
This is primarily teleseminar training
instructor led trainingThis class may be available at a classroom in Milwaukee, WI,
Duration:1 days
Training Presented in:English
Training Provided by Lorman Education Services
Click here for more information or to take this course
Multiplaintiff Settlement Negotiations
Agenda

  1. Practical Issues Leading up to Settlement
    1. Negotiate Before or After Investigation and Certification?
    2. Confirming That the Necessary Decision Makers Are Present or Represented, to Establish a Binding Agreement: Variations in Multiplaintiff, Class and Collective Actions
    3. Whether and How to Use a Mediator
  2. Negotiating and Settlement Strategies for Large-group Negotiations
    1. Stronger and Weaker Claimants -- Together or Separately?
    2. Requiring Minimum Participation Levels
    3. Who Cuts the Pie? Formula, or Simply Agree on Total Pool?
    4. Nailing Down Tax Treatment
    5. Negotiating Attorneys' Fees; Managing Disincentives for Plaintiffs' Counsel to Settle Attorney's Fees Claims
  3. Completing and Documenting a Binding Settlement
    1. Differing Factors to Obtain Binding Agreement of All Participants; Precluding Further Claims and "Re-Trading"
    2. Court Approval Issues
    3. Class Action Fairness Act Considerations
    4. Disposition of Unclaimed Settlement Amounts
About The Training Provider: Lorman Education Services
Lorman Education Services - Lorman Education is dedicated to providing cost-effective training opportunities that meet the needs of our members and enhance their skills, knowledge, and competencies. Please use Priority Code 16175 when registering. Lorman Education Services began offering continuing education seminars in 1987. Lorman Education is dedicated to providing cost-effective training opportunities that...
Click here for more information or to take this course
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