CLE Program: The Changing Cy Pres Landscape

On Tuesday, October 30th, 2018, the Philadelphia Bar Foundation will host a CLE to discuss the particulars of the cy pres doctrine and what counsel must consider when structuring a cy pres distribution.

When a class action lawsuit settles, unclaimed or leftover funds at the resolution of class-action cases are common. Whatever the reason, the unclaimed funds, particularly in consumer class actions, have increasingly become the target for cy pres awards, or charitable contributions, in federal court.

The parameters of cy pres relief in class action settlements is changing. Recently the Supreme Court agreed to address this issue to provide some clarification. Will the Court confine its focus to cy pres-only settlements or more broadly address class settlements that include cy pres distributions of settlement funds unclaimed by class members? Similarly, the Department of Justice (DOJ) announced a new policy prohibiting DOJ attorneys from entering into settlements on behalf of the federal government that provide for cy pres payments to any non-governmental entity or person that is not a party to the lawsuit.

The CLE panel will include our Trustees and course planners Honorable Mark I. Bernstein (Ret.) and Deborah R. Gross, as well as panelists Marc J. Sonnenfeld of Morgan, Lewis & Bockuis LLP and Professor Rhonda Wasserman from University of Pittsburgh School of Law.

This early morning breakfast CLE will begin at 8:30 a.m. at the Philadelphia Bar Association Conference Center. This event is generously sponsored by The Huntington National Bank. CLE/CJE credit will be free for all attendees. Registration is required to attend.

Register online through the Philadelphia Bar Association.