Class Action Notice Requirements: Leveraging Traditional and - PowerPoint PPT Presentation

Presenting a live 90-minute webinar with interactive Q&A Class Action Notice Requirements: Leveraging Traditional and Emerging Media to Reach Class Members Complying With Due Process, Rule 23 Plain Language and CAFA Settlement Notice Requirements TUESDAY, APRIL 5, 2016 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Natalie Finkelman Bennett, Partner , Shepherd Finkelman Miller & Shah , Media, Pa. Casie D. Collignon, Partner , Baker & Hostetler , Denver Carla Peak, Vice President, Legal Notification Services, KCC , Philadelphia The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10 .

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Class Action Notice Requirements: Class Action Notice Requirements: Leveraging Traditional and Emerging Media Leveraging Traditional and Emerging Media to Reach Class Members to Reach Class Members April 6, 2016 April 6, 2016  Natalie Finkelman Bennett, Partner, Shepherd  Natalie Finkelman Bennett, Partner, Shepherd Finkelman Miller & Shah Finkelman Miller & Shah  Casie D. Collignon, Partner, BakerHostetler  Casie D. Collignon, Partner, BakerHostetler  Carla Peak, Vice President, Legal Notification Services,  Carla Peak, Vice President, Legal Notification Services, KCC KCC 5

Rule 23’s Plain Language Requirements The notice must clearly and concisely state in plain, easily The notice must clearly and concisely state in plain, easily understood language : understood language : i. i. the nature of the action; the nature of the action; ii. ii. the definition of the class certified; the definition of the class certified; iii. the class claims, issues, or defenses; iii. the class claims, issues, or defenses; iv. a class member may enter an appearance through an iv. a class member may enter an appearance through an attorney if the member so desires; attorney if the member so desires; v. v. the court will exclude from the class any member who the court will exclude from the class any member who requests exclusion; requests exclusion; vi. the time and manner for requesting exclusion; and vi. the time and manner for requesting exclusion; and vii. the binding effect of a class judgment on members vii. the binding effect of a class judgment on members under Rule 23(c)(3) Procedural Guidance for Class under Rule 23(c)(3) Procedural Guidance for Class Action Settlements Action Settlements 6

Traditional Notice Requirements  FJC Checklist - Reach 70-95% of Class  FJC Checklist - Reach 70-95% of Class  Individual Mail  Individual Mail  Required when class members are identifiable  Required when class members are identifiable  Publication Notice  Publication Notice  Accepted when unknown or partially known class  Accepted when unknown or partially known class 7

Notice By Electronic Means  Email Notice  Email Notice  Rule 23 Subcommittee - plans to accept as form of notice  Rule 23 Subcommittee - plans to accept as form of notice  Internet banners (PC and Mobile)  Internet banners (PC and Mobile)  Paid ads at top, bottom, or along side of websites  Paid ads at top, bottom, or along side of websites  Internet Paid Search  Internet Paid Search  Purchase keywords relevant to case – Paid ad appears  Purchase keywords relevant to case – Paid ad appears during search engine result during search engine result  Cannot be applied to reach (no frequency capping)  Cannot be applied to reach (no frequency capping)  Mobile text messaging  Mobile text messaging  TCPA = limitations  TCPA = limitations  Social media  Social media  Facebook, Twitter, YouTube, etc.  Facebook, Twitter, YouTube, etc. 8

Pappas v. Naked Juice, No. 11-cv-08276 (C.D. Cal.)  Sales & Marketing settlement  Sales & Marketing settlement  National Class of consumers who purchased Naked Juice products over  National Class of consumers who purchased Naked Juice products over six year class period six year class period  No direct notice. Media Plan based primarily on online notice,  No direct notice. Media Plan based primarily on online notice, supplemented by modest print supplemented by modest print  Online banner campaigns delivered 185,651,701 impressions and  Online banner campaigns delivered 185,651,701 impressions and 678,832 clicks to the settlement website 678,832 clicks to the settlement website  Additional 197,042,861 impressions generated via earned media  Additional 197,042,861 impressions generated via earned media  More than 758,930 claims filed as of two days after the filing deadline;  More than 758,930 claims filed as of two days after the filing deadline; 99% filed online 99% filed online  Majority of claims filed before print publications ran  Majority of claims filed before print publications ran  Significant bump in claims volume shortly after online news stories  Significant bump in claims volume shortly after online news stories went live went live  Final approval granted January 2, 2014  Final approval granted January 2, 2014