Creating Class Notices that Get Noticed.

Reaching Class Members. Communicating Effectively.

We leverage our class action experience, contemporary media tools, e-commerce prowess, and big data analytics to drive accurate and effective notice planning and implementation for our clients.

Based upon historic and court accepted methodologies, our innovative approach provides creative, effective and defensible notice plans that are optimized around the facts of each case and the possibilities of contemporary media.

Our notice campaigns not only withstand judicial scrutiny and meet due process requirements, but also provide meaningful results that differentiate them from the classic programs that have been used for decades. Our campaigns recognize, and take advantage of, the significant shifts in media consumption in the United States and the fragmentation in ways in which consumers receive information.

Our expert consulting services include:

  • Ascertainability Analysis  Economic, new media, and big data analysis identify or overcome obstacles in class certification.
  • Notice Plan Design Deep insights into consumer response and contemporary media result in Notice Plans tailored to how class members understand, consume, and respond to media messages.
  • Notice Plan Implementation Thoughtful implementation ensures effectiveness and guides class member access to case information and means to exercise their rights.

Representative engagements include:

Nationwide settlement of users of Google’s search engine.  The class included nearly all Internet users in the United States.

Judge Edward J. Davila, In re: Google Referrer Header Privacy Litigation (March 31, 2015),  (N.D. CA):

On the issue of appropriate notice, the court previously recognized the uniqueness of the class asserted in this case, since it could potentially cover most internet users in the United States. On that ground, the court approved the proposed notice plan involving four media channels: (1) internet-based notice using paid banner ads targeted at potential class members (in English and in Spanish on Spanish-language websites); (2) notice via “earned media” or, in other words, through articles in the press; (3) a website decided solely to the settlement (in English and Spanish versions); and (4) a toll-free telephone number where class members can obtain additional information and request a class notice. In addition, the court approved the content and appearance of the class notice and related forms as consistent with Rule 23(c)(2)(B).

 The court again finds that the notice plan and class notices are consistent with Rule 23, and that the plan has been fully and properly implemented by the parties and the class administrator.

Nationwide settlement of purchasers of Motorola MOTOACTV watch.

Judge Terrence F. McVerry, Kobylanski, et al. v. Motorola Mobility, Inc., et al. (October 9, 2014), (W.D. PA):

The Court finds that the distribution of the Notice to Class Members Re: Pendency of Class Action, as provided for in the Order Granting Preliminary Approval for the Settlement, constituted the best notice practicable under the circumstances to all Persons within the definition of the Class and fully met the requirements of due process under the United States Constitution.

National class of owners of structures with Certainteed Fiber Cement Siding.  Notice plan included print, digital, and broadcast/cable television.

Judge Thomas N. O’Neill, Jr., In Re: CertainTeed Fiber Cement Siding Litigation (March 20, 2014), MDL Docket No. 2270 (E.D. PA):

Settlement class members were provided with notice of the settlement in the manner and form set forth in the settlement agreement… Notice was also provided to pertinent state and federal officials…  The notice plan was reasonably calculated to give actual notice to settlement class members of their right to receive benefits from the settlement or to be excluded from the settlement or object to the settlement. The notice plan met the requirements of Rule 23 and due process.

Statewide class of medical providers.  Notice plan included print, digital, and direct mail.

Hon. James P. Doherty, George Raymond Williams, MD, et al. v. Bestcomp Inc. (April 20, 2017), C-095242A (27th Judicial District Court, Parish of St. Landry, Louisiana) :

Notices given to Settlement Class members and all other interested parties throughout this proceeding with respect to the certification of the Settlement Class, the proposed settlement, and all related procedures and hearings-including, without limitation, the notices to putative Settlement Class members and others more fully described in this Court’s order of the 8th day of December, 2016 were reasonably calculated under all the circumstances and have been sufficient, as to form, content, and manner of dissemination, to apprise interested parties and members of the Settlement Class of the pendency of the action… Such notices complied with all requirements of the federal and state constitutions, including the due process clause, and applicable articles of the Louisiana Code of Civil Procedure, and constituted the best notice practicable under the circumstances and constituted due and sufficient notice to all potential members of the Settlement Class.