The Changing Landscape of Class Action Settlement Approval Under FRCP 23

Bar Association of San Francisco, Antitrust and Business Regulation Section

January 8, 2019

Sheppard Mullin Richter & Hampton
Four Embarcadero Center 17th Floor
San Francisco, CA

6:00-7:15 pm

Honorable Edward M. Chen
United States District Court for the Northern District of California

Jocelyn Larkin
Impact Fund

Jennie Lee Anderson
Andrus Anderson, LLP

Michael W. Scarborough
Sheppard Mullin Richter & Hampton, LLP

• Overview of the recent amendments to Rule 23 including electronic notice to Rule 23(b)(3) classes, the new requirement that courts consider the likelihood of final approval before giving notice, and the additional factors courts must consider in evaluating whether a settlement is "fair, reasonable and adequate"
• The new requirement that settlement objectors state their objection "with specificity" and objectors' counsel must obtain court approval to receive payment in connection with withdrawing an objection or dismissing an appeal
• The new rule that there can be no appeals of an order to give notice under Rule 23(e)(1)
• Overview of the Northern District of California's recently amended Procedural Guidance for Class Action Settlements, published on November 1, 2018.

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