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LDSI Best Practice Series
Strategies for Settling Class Actions and Complex Litigation
The Class Action Lawsuit: Litigate It or End It?
In this interview with LDSI Lew Goldfarb, right, former litigation partner at Hogan & Hartson and Associate General Counsel for DaimlerChrysler, makes the case for the use of settlement counsel as the most cost-effective means of controlling complex litigation. According to Goldfarb, "Litigation counsel lacks the incentives and the mindset to aggressively and creatively pursue alternatives to what frequently becomes protracted and costly litigation. They are often so invested in a 'litigated' solution to the problem that they fail to consider the quicker, less costly options." But, does does the strategy of using separate settlement counsel get good results or just confuse the management of the case? According to Goldfarb, "There has only been one instance in which I was retained as settlement counsel that did not result in a favorable settlement. In that case, the client decided that it did not wish to settle with the class and chose instead to resolve the individual claims." And how many has he settled favorably? "More than three dozen," Goldfarb told us. "Since more than 90% of class actions settle before class certification is determined, why not introduce the settlement possibility before enormous resources are expended?" That's the right question. For more answers, read our entire interview by clicking below.
For more information:
Lewis H. Goldfarb
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LDSI is provided as a free service to members of corporate law departments and corporate departments that serve them. LDSI includes more than 40 presentations on law department and litigation function management topics. Leaders from more than 250 law departments are enrolled in LDSI. To unsubscribe, send a reply email with "remove" in the subject line. www.lawexec.com Steve Nowlan, Managing Partner, Agincourt 3 Wilrich Glen Road ● Morristown, NJ 07960 973-644-3387 ● snowlan@lawexec.com |
Major
defendants in class action litigation have been
retaining separate counsel to explore settlement efforts
while litigation counsel continues to aggressively
defend the litigation.