August 25, 2018 Articles

How to Structure Securities Class Action Settlements to Obtain Court Approval and Global Peace

Defining the settlement class, outlining the release, evaluating due diligence, crafting a blow provision, and agreeing on timing

Niki Mendoza

The goals of a securities class action settlement are obtaining a certain and timely recovery (for plaintiffs) and obtaining finality and global peace (for defendants and insurers). Plaintiffs seek the highest settlement amount, in the shortest time frame. Defendants and insurers seek the broadest release and to minimize exposure to opt-outs. These goals are achievable, however, only if the settlement is approved by the court.

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