Challenging Certification in Employment Class Claims: Leveraging Comcast and Dukes
Strategies for Determining Whether, When and How to Oppose Certification
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide employers' counsel with an in-depth review of Supreme Court guidance on class certification from Comcast and Dukes. The panel will offer their perspectives and approaches for challenging certification or seeking decertification of a class, including whether, when and how to pursue either.
Outline
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Best practices and strategies for using Dukes, Comcast and progeny to your advantage
- Seeking decertification
- Use of expert testimony and data to challenge class certification
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Litigating to obtain decertification
- Decertification vs. settlement
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Stages of the litigation process to challenge certification or obtain decertification
- Motion to “strike” class allegations
- Response to a motion for class certification
- Motion to reconsider class certification
- Rule 23(f) appeal
- Motion requiring class counsel to submit a trial plan
- Motion to decertify
Benefits
The panel will review these and other key questions:
- What are the legal bases for challenging class certification and/or seeking decertification?
- What are the critical factors to consider in advising clients whether to pursue certification litigation or settle?
- At what stages of litigation should counsel consider whether to pursue a certification challenge or decertification?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
A. Craig Cleland
Shareholder
Ogletree Deakins Nash Smoak & Stewart
Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and... | Read More
Mr. Cleland defends employers in litigation—including in class actions—and counsels them on compliance and risk management. He is also Co-Chair of the firm’s Class Action Practice Group. He teaches Employment Discrimination Law as an Adjunct Professor at Georgia State University College of Law.
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Joel C. Griswold
Partner
BakerHostetler
Mr. Griswold focuses his practice on disputes involving wage and hour matters under state law and the FLSA,... | Read More
Mr. Griswold focuses his practice on disputes involving wage and hour matters under state law and the FLSA, restrictive covenants, trade secret misappropriation, Title VII, the FMLA, breach of contract, commercial torts and consumer class actions. He is a member of the Trial Bar for the United States District Court for the Northern District of Illinois and chairs or co-chairs trials in state and federal court.
CloseStephen E. Fox
Principal
Fish & Richardson
As chair of the firm’s Employment/Executive Mobility practice group, Mr. Fox's practice focuses on litigation... | Read More
As chair of the firm’s Employment/Executive Mobility practice group, Mr. Fox's practice focuses on litigation and counseling, particularly in the areas of trade secret theft, corporate espionage, unfair competition, wage/hour collective actions, class actions, and employment discrimination. His $32M judgment in favor of computer game pioneer, Richard Garriott, was identified as one of the country’s top 10 largest employment law verdicts.
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