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So you’re faced with a class action, now what?

Jul 6, 2016

An organization’s initial reaction to the threat of a potential class action can dramatically shape its outcome and impact. From avoiding reputational damage to ensuring document preservation, it’s crucial for a business to have comprehensive and tested crisis response protocols and class action defense strategies in place to respond effectively to the threat of a class action without disrupting normal operations.

As part of our Brief the Board series, Craig Lockwood, a partner in Osler’s Litigation Practice Group, and Melissa Krishna, Deputy General Counsel at Pacific Exploration & Production, took a look at the significant stages of a class action and have developed a number of resources to help ensure counsel are prepared in the event of a class action. In particular, these tools provide guidance on developing a class action plan that includes

  • assessing the scope and size of the action
  • understanding the business and legal implications of the various stages of a class proceeding
  • mitigating the impact, including crisis response (i.e., public relations and dealing with stakeholders such as customers and suppliers)

Consider these resources for tangible takeaways to help your company weather the storm an impending class action creates:

 

The essentials

  • Develop a document retention policy
  • Establish a pre-approved range of settlement with the board
  • Budget for insurance costs – these could increase after a class action

Access the PDF of TakeawaysReview the slide deck

 

 

 

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