Defeating Class Certification Through Enhanced Discovery Strategies
Rigorous Analysis Standard, Rule 23(a)(1) Numerosity, Rule 23(a)(2) Commonality, Rule 23(a)(3) Typicality, Rule 23(a)(4) Adequacy
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss using evidence obtained during discovery to defeat class actions pre-certification. The panel will identify the latest trends and developments in Rule 23 case law and offer practical advice and strategies for successfully narrowing the class, limiting the scope of liability, and ultimately defeating class certification.
Outline
- Overview
- Evaluating what discovery should be sought
- When to request discovery
- Type of discovery to request
- Best practices and innovative strategies for leveraging evidence during certification
Benefits
The panel will review these and other key issues:
- What are the latest trends in using targeted discovery to defeat class certification?
- What factors should defense counsel weigh when evaluating whether and when to conduct discovery?
- How can evidence obtained be used for optimal impact during class certification?
- What strategies have been effective in class actions for obtaining essential information with the least expense?
- What is the scope of evidence that is discoverable before certification of the putative class, and how can you best target discovery?
- When drafting discovery requests in class actions, what considerations should counsel take into account to ensure that the requests are in line with the proportionality standard?
- How can defense counsel use the rigorous analysis standard to significant effect?
Faculty
Wystan M. Ackerman
Partner
Robinson & Cole
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been... | Read More
Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been involved in defending more than 60 class actions in numerous jurisdictions and in many of those cases prevailed on a dispositive motion. Mr. Ackerman has defended putative class action cases involving insurance and financial services, products liability, data breaches, healthcare, consumer contracts, and securities. Mr. Ackerman has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the DRI, and is currently Vice Chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel.
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Jamie S. George
Atty
Alston & Bird
Mr. George focuses his practice on complex commercial litigation, consumer class actions, and high-profile... | Read More
Mr. George focuses his practice on complex commercial litigation, consumer class actions, and high-profile multidistrict litigation and has appeared in state and federal courts throughout the country. He represents clients in the insurance, financial services, and consumer goods industries, with a particular emphasis on the automotive and food and beverage sectors. Mr. George has experience litigating cases brought under every state’s consumer protection laws, including California’s Unfair Competition Law and Consumers Legal Remedies Act. He also works closely with the firm’s eDiscovery practice to develop strategies to defeat class certification.
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Kelly Handschumacher
Atty
Akin Gump Strauss Hauer & Feld
Ms. Handschumacher provides counsel in consumer class action defense, securities fraud class action defense and other... | Read More
Ms. Handschumacher provides counsel in consumer class action defense, securities fraud class action defense and other complex commercial litigation. She also represents individuals and investment advisors in government investigations and examinations.
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