A New Approach For Class Action Media Notice Programs

Law360, New York (March 11, 2014, 6:36 PM EDT) -- Lawyers and judges regularly look to the “totality of the circumstances” or overall “reasonableness” when determining the rights and responsibilities of an individual. Yet, when faced with the specter of determining the due process rights of a multitude of class members, we regularly rely on the least common denominator, the easiest recognizable metric (i.e., the overall reach percentage) as the single indicator of whether or not a media-based notice plan should be considered “adequate” in the eyes of the law.[1]  

Due to seismic changes in...
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