Can CAFA's Notice Provisions Be Met by Saying 'Sorry, I Can't'?

Jeffrey S. Jacobson, a partner at Debevoise & Plimpton, writes that the rigidity of CAFA's requirement that defendants must provide details about the membership of the class to government officials within 10 days of the filing of a proposed settlement, along with the inherent assumption that the information is always available, ignores the reality of many class action cases. Publicly traded companies usually cannot obtain the names of most of their shareholders within the deadline, and consumer defendants often cannot comply with the letter of CAFA regardless of the deadline for doing so. Absent judicial guidance or legislative amendments, consumer defendants have to assume that good-faith attempts to comply with CAFA will suffice.

Also in this issue of GC New York, “Preservation and Monitoring Of Corporate Messaging.”

Read this and more on topics of interest to in-house counsel at www.GCNewYork.com.

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