The Art & Science of Legal Notification

The Art

Providing notice to unidentified class members in class actions (and claimants in bankruptcies) is a challenging and complex process—one that courts hold to the highest standards. The art is in seamlessly integrating all notification components through a mastery of communication principles, media expertise and an understanding of legal requirements. It is the sum of a comprehensive approach and the judgment that comes with experience.

• Developing a notice program grounded in an understandable and proven methodology that enables courts to assess adequacy based on measurable results.
• Crafting synergistic campaigns using an effective mix of direct mail, paid media and communications outreach.
• Developing notice materials that cut through the clutter and command class members’ attention in simple, plain language.
• Selecting user-friendly response vehicles including toll-tree numbers, traditional mail, online registration and email.

The Science

Reaching class members also requires the use of rigorous scientific methodologies. It takes years of seasoning in complex, precedent-setting national, state and international cases to master this science. It takes a thorough understanding of Rule 23 of the Federal Rules of Civil Procedure and state analogs, as well as the issues governing bankruptcy notice. And it takes an unyielding commitment to serving the needs of class members, all parties to the litigation and the courts.

• Conducting meticulous research to identify class members demographically, delineate their media habits and match this data with appropriate media vehicles.
• Carefully quantifying the percentage of the target audience that can be reached, and the number of opportunities to see or hear notices in the selected media.
• Managing a complicated, detail-oriented process of outreach and response.
• Documenting with precision that the class has been reached in a comprehensive, effective and efficient manner possible under close legal scrutiny.