Sunday, October 30, 2011

Welcome, Wall Street Journal readers

Welcome to those of you who found this page after reading the Wall Street Journal profile. The Journal also discussed our Sirius XM objection. Other articles about CCAF can be found on my personal website. Join our Facebook page to stay updated on what we're up to. (Later today, I'll be posting our Ninth Circuit brief on the HP Inkjet printer coupon settlement, where the attorneys got $2.1 million, and the class got coupons only usable at—which charges far more than other Internet vendors, making it more expensive to use the coupons than not to use the coupons.)

I should note the story does not give enough credit to the attorneys working with me; for example, Frank Bednarz (now a much better-paid patent litigator in BigLaw) argued the Honda case, and Dan Greenberg argued the West Publishing, Kellogg, and Hertz cases. Adam Schulman, a 2010 Georgetown Law grad, just got his first district-court argument a month ago in the Pampers case, which, after a district-court approval, will generate an interesting Sixth Circuit appeal on the scope of Rule 23(b)(2) and the permissibility of big attorney-fee awards in $0 settlements.

Thursday, October 20, 2011

Franklin Templeton mutual fund settlement

The attorneys have asked the court to approve a settlement that would give the attorneys $2.142 million and the class $2.27 million. (Good luck finding out that information anywhere on the settlement website.) This violates the plain language of the PSLRA; Fred and Fran Smith have objected, and I have agreed to represent them at the fairness hearing in Baltimore October 25.

In this case, as in so many PSLRA settlements, the parties have structured notice so that there is next to no way for most class members to have time to object. I'm interesting in hearing from people who get postcards or other mailings about bad class action settlements that arrive less than a week before (or, often after) the objection deadline.

Tuesday, October 4, 2011

Brazil v. Dell

The class attorneys in Brazil v. Dell are asking for $6 million for themselves, but it is a claims-made settlement that will almost certainly pay a small fraction of that amount to the class. The parties are attempting to hide that from the court by scheduling the claims deadline after the fairness hearing, but this is where objectors come into play, and the Center has filed an objection on behalf of a class member in advance of the October fairness hearing. The settlement also suffers from several of the self-serving features identified as problematic in Bluetooth.