Until the litigation is well under way it is impossible to determine what recovery, whether by settlement or following judgment at trial, might be possible. Many cases do settle, however. Typically a settlement consists of a payment of cash, stock, or a combination of both to a common fund to be distributed to the class in proportion to the amount each class member is determined to have lost. The maximum possible recovery, which is rarely attained, is the amount of loss attributable to the illegal conduct, less attorneys' fees and costs.
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