Presenting a live 90-minute webinar with interactive Q&A Combating Class Settlement Objectors: Overview of Proposed Rule Amendments, Key Preventive Measures and Tactics Minimizing and Defending Against Challenges by Professional Objectors, Government Officials, and Public Interest Groups THURSDAY, SEPTEMBER 29, 2016 1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific Today’s faculty features: Ross Good, Esq., Anderson + Wanca , Rolling Meadows, Ill. Andrew J. Trask, Senior Counsel, McGuire Woods , Los Angeles 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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Professional Professional Objectors Objectors www.serialobjector.com www.serialobjector.com By Ross Good Anderson + Wanca rgood@andersonwanca.com
Section I. Professional Objectors Objections to class action lawsuits can serve a legitimate Objections to class action lawsuits can serve a legitimate purpose, but they also allow an individual to hold up class- purpose, but they also allow an individual to hold up class- wide settlements. wide settlements. Often the goal for a Professional Objector is to lose at the Often the goal for a Professional Objector is to lose at the final approval stage while preserving the ability to appeal. final approval stage while preserving the ability to appeal. This enables the Professional Objector to bargain for This enables the Professional Objector to bargain for money by threatening to delay the appeals process for as money by threatening to delay the appeals process for as long as possible. long as possible. Professional Objectors typically attempt to get a Professional Objectors typically attempt to get a confidential payoff after their Notice of Appeal is filed but confidential payoff after their Notice of Appeal is filed but before doing substantive work on the appeal. before doing substantive work on the appeal. www.serialobjector.com www.serialobjector.com Most Professional Objectors are fairly transparent about Most Professional Objectors are fairly transparent about their motivation to obtain a confidential payoff outside the their motivation to obtain a confidential payoff outside the courtroom. courtroom. 6
Best Practices on Handling Professional Objectors Be proactive regarding the content of class notice Be proactive regarding the content of class notice Disclosure of documentation evidencing membership of the Disclosure of documentation evidencing membership of the objector in the proposed class objector in the proposed class Disclosure of all previous objections Disclosure of all previous objections In-person appearance of objector/counsel at Final Approval In-person appearance of objector/counsel at Final Approval Hearing Hearing Background research using PACER, WestLaw/Lexis, and Background research using PACER, WestLaw/Lexis, and www.serialobjector.com www.serialobjector.com Do the discovery: Do the discovery: Get all retainer agreements Get all retainer agreements Depose objectors Depose objectors Filings to Consider Filings to Consider Motion to Strike Motion to Strike Appeal Bond Appeal Bond Expedited Appeal Expedited Appeal DO NOT PAY! DO NOT PAY! 7
Retainer Agreements The snapshot above is part of the retainer agreement The snapshot above is part of the retainer agreement between attorney Kirk Kennedy and A7 Realty LP d/b/a between attorney Kirk Kennedy and A7 Realty LP d/b/a Austin Distributing Company for its objection to the Austin Distributing Company for its objection to the objection in Fauley v MetLife (Cir. Ct. Lake Co., IL, 14 CH objection in Fauley v MetLife (Cir. Ct. Lake Co., IL, 14 CH 1518). 1518). Rule 5.4 of Illinois Rules of Professional Conduct states that Rule 5.4 of Illinois Rules of Professional Conduct states that “[a] A lawyer or law firm shall not share legal fees with a “[a] A lawyer or law firm shall not share legal fees with a nonlawyer” nonlawyer” Documentation of unethical agreements can be used to Documentation of unethical agreements can be used to support final approval of the settlement, appeal bonds support final approval of the settlement, appeal bonds and expediting appeals. and expediting appeals. Retainer agreements that violate the forum state’s Rules of Retainer agreements that violate the forum state’s Rules of Professional Conduct should be reported to the forum Professional Conduct should be reported to the forum state’s attorney disciplinary commission. state’s attorney disciplinary commission. The complete retainer agreement is available at http://www.serialobjector.com/cases/1 8
Depositions of objectors Review past depositions of the objectors Review past depositions of the objectors Class Notice Questions Class Notice Questions Settlement Questions Settlement Questions Retainer Agreement Questions Retainer Agreement Questions Marketing of attorney(s) for the objector being Marketing of attorney(s) for the objector being represented represented Goals for the objection Goals for the objection 9
Appeal Bond FRAP Rule 7: “In a civil case, the district court may FRAP Rule 7: “In a civil case, the district court may require an appellant to file a bond or provide other require an appellant to file a bond or provide other security in any form and amount necessary to ensure security in any form and amount necessary to ensure payment of costs on appeal.” payment of costs on appeal.” The bond is permissive The bond is permissive Research your judge Research your judge Use the discovery on the objector(s) to support your Use the discovery on the objector(s) to support your motion motion Use objector’s past objections to support your motion Use objector’s past objections to support your motion 10
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