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International

As litigation expands globally, the expertise developed by placing media in nearly every country in the world positions Kinsella Media to provide unparalleled advice and support to counsel.

Selected Case Experience: International

In re Transpacific Passenger Air Transportation Antitrust Litigation, No. 07-05634, MDL 1913 (N.D. Cal.).
  • Case: $39.5 million in initial antitrust settlements – Price Fixing
  • Class Membership: Individuals or businesses that were overcharged on the purchase price of their airline tickets for travel between the United States and Asia or Oceania. 
  • Notice Program: U.S.-based notice appeared in numerous national magazines, a newspaper supplement, Asian newspapers, and online ad networks to reach the travelers. A global notice program incorporating international newspapers and online media across 14 countries was also implemented.
  • Targeted Countries: Japan, Philippines, Hong Kong, Taiwan, Australia, Vietnam, Thailand, New Zealand, China, Malaysia, Singapore, Indonesia, South Korea, and Cambodia. 
  • Highlights: Easily overcame notice objections from Ted Frank.
  • Creative: View the banner ad.

Precision Associates, Inc. v. Panalpina World Transport, No. 08-CV-0042 (E.D.N.Y.).
  • Case: $303 million direct purchaser antitrust settlements – Price Fixing
  • Class Membership: Businesses and individuals who purchased freight forwarding services from 29 defendants for shipments within, to, or from the United States. 
  • Notice Program: Extensive direct mail notice was undertaken in two rounds of notice supplemented by advertising in trade publications, country specific publications, and on the Internet. 
  • Targeted Countries: U.S., China, Taiwan, Hong Kong, Japan, and India.
  • Highlights: Notice was tiered to countries based on data reflecting the where the majority of class members resided.
  • Creative: View the banner ad.

The Authors Guild, Inc. v. Google Inc., No. 05 CV 8136 (S.D.N.Y.).
  • Case: $125 million proposed settlement – Copyright Violations
  • Class Membership: Rightsholders for books and other writings digitized as part of Google’s Book Search project.
  • Notice Program: Notice to authors, publishers, and heirs that included more than 1.3 million pieces of direct mail and 677 appearances of the publication notice in worldwide media. 
  • Targeted Countries: Notice appeared in 72 languages in 214 countries and U.S. territories.
  • Highlights: Kinsella Media researched the target audiences to create an expansive direct notice database, and worked with copyright rights organizations to distribute notice materials to hundreds of thousands of potential class members around the world. The press outreach resulted in over 5,600 print and online articles globally about the settlement and there were more than 1.2 million visits to the settlement website. While the settlement did not receive final approval, the court did not sustain any notice-related objections.

In re International Air Transportation Surcharge Antitrust Litigation, No. M:06-cv-01793 (N. D. Cal.).
  • Case: $195 million antitrust settlement - Price Fixing
  • Class Membership: Consumers who purchased airline tickets on Virgin Air and British Airways for travel between the United States and the United Kingdom.
  • Notice Program: Kinsella Media placed advertisements in numerous U.K. national newspapers, travel and in-flight magazines, and on travel websites. A simultaneous U.S. notice program incorporated advertising in national consumer magazines, travel magazines, newspaper supplements, and Internet banner advertising on a travel website. Direct notice was mailed/emailed to over 6.5 million class members.
  • Highlights: Over 140,000 claims filed. This case was one of the first class action lawsuits to be publicized in the United Kingdom. Because U.K. audiences were relatively unfamiliar with class action lawsuits, Kinsella Media implemented a robust paid media program that clearly explained class member rights resulting in over 102,000 UK claims filed.

Currie v. McDonald’s Restaurants of Canada Ltd., No. 02-CV-238276 (Ontario Super. Ct. of Justice).

In re Owens Corning, No. 00-03837 (Bankr. D. Del.).

Ahearn v. Fiberboard Corp., No. 6:93cv526 (E.D. Tex.) & Continental Casualty Co. v. Rudd, No. 6:94cv458 (E.D. Tex.).

In re Western Union Money Transfer Litigation, No. CV 01 0335 (E.D.N.Y.).

"This is brilliant. This is the best notice I've seen since I've been on the bench … again I want to applaud the parties for the notice … it's amazing. You know, it really is good … I mean, I was just extraordinarily impressed. Extraordinarily impressed." 

— Judge Charles R. Breyer 
In re International Air Transportation Surcharge Antitrust Litigation, No. M:06-cv-01793 (N. D. Cal.).
 

FEATURED MEDIA 

Precision Associates, Inc. v. Panalpina World Transport, No. 08-CV-0042 (E.D.N.Y.).