Due process in class action notice has long required "a desire to actually inform." Despite this, courts are increasingly concerned that notices have gone, or will go, unnoticed or misunderstood. When presented with a stipulated notice proposal, courts may wonder: Are there disincentives for the parties to provide effective notice? Did bidding vendors arrive at the "best practicable" notice plan, or the least that would be acceptable?

The Hilsee Group LLC serves courts, special masters, and lawyers as a neutral class action notice expert and bankruptcy notice expert. An independent voice for effective notice and due process, The Hilsee Group is not paid to administer notice programs.  With experience and impartiality, The Hilsee Group helps courts ensure that satisfactory notice is afforded to class members, claimants, or others affected by legal notifications in the United States, Canada, and around the world.

As a neutral expert not involved in notice plan design or implementation, The Hilsee Group provides analysis/independent testimony on the adequacy of the notice effort--which is particularly critical before money and time are spent to disseminate notice, and/or before a settlement is finally approved.

Todd. B Hilsee Bio Barb C. Hilsee Bio
I was interested in your thoughts on how the rule itself that we\\\'ve proposed could better support the creation of those or the insistence on those kinds of notices . . . Judge Lee Rosenthal
Advisory Committee on Civil Rules of the Judicial Conference of the United States
[C]areful consideration of Mr. Hilsee's Affidavit, the Court finds that . . . the Notices . . . were written and designed to the highest communication standards . . . Judge John D. Allen
Georgia Superior Court
[T]estimony of Todd Hilsee . . . given here today in open court, and Mr. Hilsee being admitted as an expert in this particular field . . . Judge Kirk D. Johnson
Circuit Court of Arkansas
The court finds that, considering the testimony of Mr. Hilsee . . . the notice has to be one that is practicable under the circumstances . . . Judge James T. Genovese
27th Judicial District, St. Landry Parish, Louisiana
Hilsee was the only notice expert invited to testify before the Advisory Committee on Civil Rules on the amendment to Rule 23 requiring "clear, concise, plain language notices." Judge Richard G. Stearns
District of Massachusetts
Hilsee has substantial experience designing and evaluating the effectiveness of notice programs . . . Judge James R. Williamson
3rd Circuit Court of Johnson County, Illinois
Hilsee answered all questions in a forthright and clear manner . . . Judge Marvin Shoob
Northern District of Georgia
The Court believes that Mr. Hilsee further enhanced his credibility . . . Judge Marvin Shoob
Northern District of Georgia
Hilsee provided evidence through an extensive report by way of affidavit, upon which he had been cross-examined. His report meets the criteria for admissibility as expert evidence . . . Mr. Justice Peter Cumming
Ontario Superior Court
[T]his Court having carefully considered all of the submissions, and reviewed their basis, finds Mr. Hilsee's testimony to be credible. Judge John Speroni
Circuit Court Illinois
After . . . rigorous analysis, including careful consideration of Mr. Hilsee's Affidavit, the Court finds that [the notice] . . . fully satisfied the requirements . . . Judge John D. Allen
Georgia Superior Court
Hilsee was also asked by the Federal Judicial Center to design model notices to illustrate Rule 23 plain language "best practices". . . Judge Richard G. Stearns
District of Massachusetts
Todd has had a huge national impact on the field of class actions that will endure and continue. . . Robert J. Neimic
Senior Staff Attorney,
Federal Judicial Center
As demonstrated by the affidavit of Todd Hilsee, the effectiveness of the notice campaign and the very high level of penetration to the settlement class were truly remarkable . . . Judge Dewey C. Whitenton
Chancery Court of Fayette County, Tennessee
On the basis of Mr. Hilsee's evidence, as well as the standards applied in class proceedings in this court, I am not able to accept . . . Mr. Justice Maurice Cullity
Ontario Superior Court
In Hilsee's opinion, the notice to Canadian members of the plaintiff class in Boland was inadequate . . . Ontario Court of Appeal
Currie v. McDonald's Rests. of Canada Ltd.
[Hilsee's] dedication to the idea of due process through communication transcends his work assignments and his living . . . Elizabeth J. Cabraser
Partner,
Lieff, Cabraser, Heimann & Bernstein, LLP, at Tulane Law School, February 2008
[Hilsee] is a low key, personable person; very matter of fact about what he does. Do not be fooled; he is a giant in the field . . . Elizabeth J. Cabraser
Partner,
Lieff, Cabraser, Heimann & Bernstein, LLP, at Tulane Law School, February 2008
[Hilsee's] recommendations are grounded in relevant experience regarding communicating complex legal information to class members in class action litigation. Judge M. Joseph Tiemann
Louisiana Civil District Court, Orleans Parish
[W]e collectively appreciate your working with the Federal Judicial Center to improve the quality of the model notices . . . Judge Lee Rosenthal
Advisory Committee on Civil Rules of the Judicial Conference of the United States
The Court finds Mr. Hilsee's testimony to be credible . . . Judge Marvin Shoob
Northern District of Georgia
Hilsee is a highly regarded expert in class action notice who has extensive experience . . . and has recently published an article on this very subject [hurricanes] . . . Judge Eldon E. Fallon
Eastern District of Louisianna
Hilsee's credentials and expertise are impressive. The defendants accepted him as an expert witness . . . Mr. Justice Peter Cumming
Ontario Superior Court
Hilsee has worked with the Federal Judicial Center to improve the quality of class notice. His work has been praised by numerous federal and state judges. Judge Elaine E. Bucklo
Northern District of Illinois
The respondents rely upon the evidence of Todd Hilsee, an individual with experience in developing notice programs for class actions . . . Ontario Court of Appeal
Currie v. McDonald's Rests. of Canada Ltd.
. . .Mr. Hilsee is a highly-regarded Notice Expert, and has provided thoughtful, scientific, carefully researched and detailed reports, analyses. . . Judge M. Joseph Tiemann
Louisiana Civil District Court, Orleans Parish
Hilsee carefully and conservatively testified to the reach of the Plaintiffs' proposed Notice Plan, supporting the reach numbers with verifiable data . . . Judge John Speroni
Circuit Court Illinois
The form and scope of the notice has been again remarkable...you are all to be congratulated, and Mr. Hilsee and the Claims Administrator as well. Judge Catherine C. Blake
District of Maryland
[T]he Parties submitted the Affidavit of Todd Hilsee . . . one of the preeminent class action notice experts in North America . . . Judge John D. Allen
Georgia Superior Court
Having admitted and reviewed the Affidavit of Todd Hilsee, and received testimony from Mr. Hilsee at the Settlement Approval Hearing concerning the success of the notice campaign . . . Judge Kirk D. Johnson
Circuit Court of Arkansas
The Court further APPROVES the proposed Notice Plan, as set forth in the Affidavit of Todd B. Hilsee On International Settlement Notice Plan . . . Judge Catherine C. Blake
District of Maryland
[T]he court finds Mr. Hilsee to be quite knowledgeable in his field and certainly familiar with these types of cases . . . The notice provided and prepared by Mr. Hilsee accomplishes that purpose . . . Judge James T. Genovese
27th Judicial District, St. Landry Parish, Louisiana
[B]ut also the expert witness, Mr. Hilsee, I am very impressed that the notice was able to reach--be delivered to 97.5 percent members of the class. That, to me, is admirable . . . Judge Douglas L. Combs
District of Oklahoma
The Court has reviewed the Affidavit of Todd B. Hilsee . . . and finds that it is based on sound analysis . . . Judge James R. Williamson
3rd Circuit Court of Johnson County, Illinois
The notice program that was proposed here today, I mean, it's breathtaking. That someone should have thought that clearly about how an effective notice would get out . . . Judge Susan Illston
on Todd Hilsee's presentation at the ABA's 7th Annual National Institute on Class Actions, Oct. 24, 2003
[T]he Court . . . of course has recognized the testimony of Todd Hilsee. . . an expert in this particular field . . . Judge Kirk D. Johnson
Circuit Court of Arkansas
Hilsee was accepted by the Court as a qualified class notice expert . . . He testified at the Fairness Hearing, and his affidavit was also considered by the Court . . . Judge Michael Maloan
Tennessee Chancery Court
The parties have retained Todd Hilsee . . . who has extensive experience . . . Judge Marina Corodemus
New Jersey Superior Court of Middlesex County, New Jersey
I accept the expert testimony conclusions of Mr. Todd Hilsee . . . Judge Jerome E. Lebarre
Circuit Court of Oregon
Based on the evidence submitted and based on the opinions of Todd Hilsee, a well-recognized expert on the distribution of class notices . . . Judge Dewey C. Whitenton
Chancery Court of Fayette County, Tennessee
[T]he Court was provided with expert testimony from Todd Hilsee at the Settlement Approval Hearing concerning the adequacy of the notice program . . . Judge Joe E. Griffin
Circuit Court of Arkansas
Hilsee . . . a nationally-recognized expert . . . The Court finds and concludes that the Notice Program as designed and implemented provided the best practicable notice . . . Judge Fred Biery
District Court of Texas
I accept the testimony of Todd Hilsee that the plan he designed achieved its objective of exposing 80 percent of the members of the consumer class . . . Judge Richard G. Stearns
District of Massachusetts
I found Mr. Hilsee's criticisms of the notice plan in Boland to be far more convincing . . . Mr. Justice Maurice Cullity
Ontario Superior Court
Designed by an expert in the field of class notice, Todd B. Hilsee, the notice plan alone was expected to reach at least 80% of the estimated 14.7 million class members . . . Judge Paul H. Alvarado
California Superior Court
[T]he affidavit of Mr. Hilsee, which is the first exhibit to the October 12 submission, and I've reviewed it. It seems as if it proposes something reasonable . . . Judge Denise L. Cote
Southern District of New York
Mr. Hilsee is . . . well versed in . . . analyzing the effectiveness of settlement notice plans . . . Judge Marina Corodemus
New Jersey Superior Court of Middlesex County, New Jersey
[T]he manner and the form set forth in Paragraph 6 of this Order and in the Affidavit of Todd B. Hilsee meet the requirements of Rule 23 of the Federal Rules of Civil Procedure, the Securities Exchange Act of 1934 . . . Judge Lewis A. Kaplan
Southern District of New York
[T]he Court considered the oral argument of counsel together with the documents filed herein, including the Affidavit of Todd B. Hilsee on Notice Plan . . . Judge Richard J. Shroeder
Washington Superior Court
Let [Mr. Hilsee] be so admitted for the purposes of this hearing, having been previously admitted by the Court and the Court having found his qualifications exemplary in this field . . . Judge Kirk D. Johnson
Circuit Court of Arkansas
The Court will so accept [Mr. Hilsee as an expert] on issues of the content and dissemination of legal notices, including Class Action Notices and notice campaigns . . . Judge Robert Wyatt
14th Judicial District, Calcasieu Parish, Louisianna
[A] notice expert who has provided the Court with extensive information explaining and supporting the Plaintiff's notice plan . . . Judge Louis J. Farina
Common Pleas of Pennsylvania
The parties retained Todd Hilsee . . . to ensure that adequate notice was given to class members in light of the unique challenges presented in this case . . . Judge Eldon E. Fallon
Eastern District of Louisianna
The Court has considered this motion, the Affidavit of Todd B. Hilsee on Class Certification Notice Plan . . . Judge Ronald B. Leighton
Western District of Washington
[A] comprehensive affidavit outlining the effectiveness of its proposed method of providing notice . . . (See Affidavit of Todd B. Hilsee on Ability to Provide Multi-National Notice . . . Judge Richard J. Holwell
Southern District of New York
[T]he Parties submitted the Affidavit of Todd Hilsee . . . one of the preeminent class action notice experts in North America . . . Judge John D. Allen
Georgia Superior Court
[Plaintiff's] notice expert, Todd Hilsee, opined that their plan will reach 84.8% of the class members . . . Judge Louis J. Farina
Common Pleas of Pennsylvania
[A] recognized class notice expert, Todd B. Hilsee. Mr. Hilsee devised two separate class certification notice plans that were estimated to have reached approximately 80% . . . Judge Paul H. Alvarado
California Superior Court
The expert, Todd B. Hilsee, is found to be reliable and credible. Judge Robert E. Payne
Eastern District of Virginia
[N]otice expert Todd Hilsee, and the Court Appointed Disbursing Agent detailed the reasons for requiring claims forms . . . As Todd Hilsee pointed out in his testimony . . . Judge Sarah S. Vance
Eastern District of Louisianna
I agree with Hilsee's opinion that they complied in all respects with the "plain, easily understood language" requirement of Rule 23(c) . . . Judge Richard G. Stearns
District of Massachusetts
[A]s described in extensive detail in the Affidavit of Todd B. Hilsee on Design Implementation and Analysis of Settlement Notice Program . . . is found to be the best notice practicable . . . Judge John R. Padova
Eastern District of Pennsylvania
[T]he Committee has not rebutted the affidavit of Todd Hilsee . . . Accordingly, the Notice Plan is approved. Judge Sarah S. Vance
Eastern District of Louisiana
[T]estimony from Mr. Hilsee at the Settlement Approval Hearing concerning the success of the notice campaign, including the fact that written notice reached 97.7% of the potential Class . . . Judge Joe E. Griffin
Circuit Court of Arkansas
[T]he Court is aware of Mr. Hilsee's reputation. I'm aware of the most recent Tulane Law Review and other publications . . . He's so accepted as an expert . . . Judge Ross P. LaDart
24th Judicial District, Jefferson Parish, Louisianna
As Mr. Hilsee explained in his supplemental affidavit, the adequacy of notice is measured by whether notice reached Class Members and gave them an opportunity to participate . . . Judge Joseph R. Goodwin
Northern District of Illinois
[T]he court was provided with expert testimony from Todd Hilsee at the Settlement Approval Hearing concerning the adequacy of the notice program . . . the Court finds . . . was the best notice practicable . . . Judge Kirk D. Johnson
Circuit Court of Arkansas
Hilsee has been recognized as a notice expert in Canada class proceedings as well as in the United States . . . Madame Justice Joan L. Lax
Ontario Superior Court
[T]he Court finds that the settling parties undertook an extensive notice campaign designed by Todd Hilsee . . . a nationally recognized expert in this specialized field . . . Judge Alfred G. Chiantelli
California Superior Court
[T]his Court approved a carefully-worded Notice Plan . . . Testimony of Todd Hilsee at Preliminary Approval Hearing, Tr. pp 6-17, attached as Exhibit B; Testimony of Todd Hilsee at Final Fairness Hearing . . . Judge Ivan L.R. Lemelle
Eastern District of Louisianna
The plaintiffs have retained Todd Hilsee, an expert recognized by courts in Canada and the United States in respect of the design of class action notice programs . . . Regional Senior Justice Winkler
Ontario Superior Court
Hilsee is very experienced in the area of notification in class action settlement . . . this Court concludes that the notice campaign was the best practicable, reasonably calculated, under all the circumstances . . . Judge Milton Gunn Shuffield
136th Judicial District of Jefferson County, Texas
. . .Todd Hilsee, an expert recognized by courts in Canada and the United States in respect of the design of class action notice programs . . . Madame Justice Joan L. Lax
Ontario Superior Court
Hilsee . . . has served as a notice expert in more than 175 class action cases, including In re Holocaust Victims Assets Litig. . . Judge Richard G. Stearns
District of Massachusetts
I am satisfied that Mr. Hilsee's plan is comprehensive, that it will have a high 'reach'. . . Madam Justice Joan L. Lax
Ontario Superior Court
Hilsee's expert testimony. . .lent persuasive support that objectors did not counter or controvert with evidence of their own. Oregon Court of Appeals
Judge Rex Armstrong
Based upon testimony of the class notice expert, Todd Hilsee . . . Judge F. Pat VerSteeg
Oklahoma District Court, Custer County
I also find that Hilsee is qualified to provide an opinion on these Issues. Mr. Justice J.R. Henderson
Ontario Superior Court
. . .Todd Hilsee, who the court accepted as an expert in communications and notice. . . Louisiana 4th Circuit Court of Appeal
Judge David S. Gorbaty
Todd has definitely developed an entertaining and informative presentation on effective notice . . . Darren E. Baylor
Associate Director,
American Bar Association Center for Continuing Legal Education
[Hilsee's] thoughtful, thorough and careful analyses stood up brilliantly through white-hot cross-examinations and probing . . . F. Paul Bland, Jr.
Staff Attorney,
Public Justice
[Hilsee's] commitment to the cause of creating more understandable and complete notices for class action plaintiffs is unparalleled, in my experience . . . Robert J. Neimic
Senior Staff Attorney,
Federal Judicial Center
I read your piece on Mullane with great interest and am delighted to learn the details . . . Arthur R. Miller
Professor of Law,
Harvard Law School
Your testimony in Atlanta on Tuesday was exceptional. Rarely does one find a witness so well prepared, so thoughtful, careful and accurate . . . Dianne M. Nast
Partner,
RodaNast, P.C.
Hilsee understands and appreciates the profound implications of notice on due process more than many, many lawyers . . . Elizabeth J. Cabraser
Partner,
Lieff, Cabraser, Heimann & Bernstein, LLP, at Tulane Law School, February 2008
The Judge was impressed by Mr. Hilsee's expertise and accepted Mr. Hilsee's advice . . . Eugene I. Goldman
Partner,
McDermott, Will & Emery, LLP
Philadelphia-area office:
The Hilsee Group LLC
121 N. Main Street, Suite 302
P.O. Box 64151
+1-215-486-2658
Souderton, PA 18964-0151
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