• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Class Action
  • 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.

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • 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.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, April 9, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Introduction

II. Before class certification

III. During the opt-out period following class certification

IV. After expiration of the opt-out period

V. Settlement offers to absent class members

VI. Other ethical considerations with respect to 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.