Law360, New York ( March 6, 2015, 12:57 PM EST) -- Today, courts generally permit precertification communications and settlements with absent class members. Indeed, courts recognize that defendants, as much as plaintiffs, need precertification communications with absent class members to prepare their cases. However, since such communications often implicate a complex mixture of professional conduct and civil procedure rules, free speech doctrine and evolving court-made guidelines, in-house counsel should proceed carefully when communicating with absent class members. With this in mind, following a summary of general principles and authorities applicable to precertification communications, this article reviews recent court decisions and then offers pointers for consideration by in-house counsel in connection with precertification communications, including settlement offers....