Ethical Issues in the Mediation and Settlement of Class and Collective Actions

This program focuses on the ethical issues and dilemmas that both plaintiffs and defense counsel encounter when negotiating complex multi-party actions that require Court approval. 

Join the experienced panel as they navigate the ethical challenges of class and collective action mediation and offer practical advice on:

• Key differences between FLSA and Rule 23 negotiation and settlements
• Issues raised by Kakani v. Oracle Corp. (N.D. Ca. 2007)
• Avoiding conflicts when representing multiple parties
• Agreements restricting future representation (Model Rule 5.6)
• Mediator's role in sponsoring settlement to the Court
• Confidentiality issues
• Duties of candor to mediator and opposing counsel

This program is for lawyers and mediators who want to avoid the ethical challenges and pitfalls presented when mediating Rule 23 class and FLSA collective actions.

The Panel:
(Moderator) George A. Hanson, Stueve Siegel Hanson LLP, Kansas City, MO
Michael Dickstein, Dickstein Dispute Resolution, San Francisco, CA
Adam T. Klein, Outten & Golden LLP, New York City, NY
Lindbergh Porter, Littler Mendelson P.C.,  San Francisco, CA

This program is organized by the American Bar Association.