Defending Class Actions Using Absent Class Member Discovery
Evaluating Whether to Seek Discovery of Putative Class Members; Leveraging Evidence at Certification, Settlement and Trial
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare defense counsel to evaluate whether and how to pursue discovery of absent class members in class litigation. The panel will discuss the courts’ varying positions on permitting absent class member discovery, when to request discovery from putative class members, the type of discovery to request, how many absent class members to seek out for discovery, and strategies to leverage evidence obtained during certification, settlement and trial.
- Evaluating whether and how to seek discovery of absent class members
- When to request discovery
- Type of discovery to request
- How many absent class members to seek out for discovery
- Ethical and privilege considerations with absent class member discovery
- Leveraging evidence from putative class members during certification, settlement and trial
The panel will review these and other crucial issues:
- When are absent class members considered “parties” for discovery?
- What factors should defense counsel weigh when evaluating whether and when to conduct discovery of absent class members?
- How can evidence obtained from absent class members be used for optimal impact during class certification, settlement and trial?
Wystan M. Ackerman
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.Close
Andrew J. Trask
Mr. Trask has defended more than 100 class actions, involving all stages of the litigation process. While his work has... | Read More
Mr. Trask has defended more than 100 class actions, involving all stages of the litigation process. While his work has concentrated on products liability and consumer fraud cases, he has also defended class actions involving telecommunications products, business contracts, securities, ERISA, the U.S. antitrust laws and environmental claims, among others. In addition to his class action practice, Mr. Trask has defended mass tort cases involving financial regulations, patent misuse cases, and government investigations into allegations of automotive defects and breach of privacy regulations.Close