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Expert Comments on Proposed Rule 23 Changes

Dear Committee and Subcommittee Members: As a former professional, court-approved notice and media expert with over 24 years of class notice experience, I write to oppose the suggested changes to Rule 23 regarding class notice.  The proposed changes are highlighted in red: (B) For (b)(3) Classes. For any class certified under Rule 23(b)(3)—or upon ordering notice under Rule 23(e)(1) to a class proposed to be certified for purposes of settlement under Rule 23(b)(3)—the court must direct to class members the…

What’s in store for 2017 Notice?

The digital environment is complex, to plan, to buy and to accurately measure. Practitioners need to be aware of these complexities as they can impact response rates, brand reputation and due process. Advertising growth across mobile, digital and other multimedia channels is undeniable. And while the digital environment presents… Click here to read the full article.  

Modern Notice Requirements Through the Lens of Eisen and Mullane

For the past two decades, a rapid and ongoing evolution has been taking place in today’s communication media environments. Technology and social media have increased exponentially the American consumer’s options for both intentional and random information gathering and learning. And, as more and more people move away from traditional avenues of receiving news and other information and toward electronic media, courts and litigants must fashion contemporary notice programs to communicate with absent class members in ways that will both resonate with these changing preferences and continue to be consistent with…

Think All Internet Impressions Are The Same? …Think Again

Internet impressions vary wildly in their ability to reach online consumers, and the old adage holds true: you get what you pay for.  Now more than ever judges and practitioners need to understand what they are getting, and what they are deeming best practicable when it comes to online banner notice. It may not be what was promised.  Categories of Online Advertising Inventory The starting point is to understand how online advertising space (“inventory”) is grouped. Basically there are three…