Advanced Settlement Strategies for FDA-Regulated Consumer Product Class Actions

October 17, 2023 2:30pm

Kimberly Bousquet
Counsel
Davis Wright Tremaine LLP

Hih Song Kim
Executive Vice President, General Counsel and Corporate
BlueTriton Brands

  • Identifying common challenges arising in FDA consumer product class settlements as well as key strategies for tackling those challenges
  • Comparing class settlement trends by jurisdiction
    • Identifying favorable jurisdictions to settle in, as well as jurisdictions to avoid settlement in
  • Proven defense strategies for drafting settlement agreements, structuring the settlement benefit and noticing the class
  • Best practices for dealing with more than one judge when a class action is filed in multiple jurisdictions
  • Working with a settlement administrator to ensure the settlement is implemented with efficiency and accuracy
  • Understanding how to make the decision of whether to settle or go to trial
  • Structuring your settlement agreement so you don’t leave yourself exposed to future lawsuits