Defending Class Actions Using Absent Class Member Discovery
Evaluating Whether to Seek Discovery of 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 discovery to request, how many absent class members to seek 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 from absent class members be leveraged 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
Shook Hardy & Bacon
Mr. Trask focuses his practice on class action and complex litigation in various industries, including the automotive... | Read More
Mr. Trask focuses his practice on class action and complex litigation in various industries, including the automotive industry and financial services. Regarded as an authority in class action litigation, he has experience in class actions involving product liability, consumer fraud, telecommunications products, business litigation and contracts, banking, securities, ERISA, antitrust and environmental claims. He also has defended mass tort cases involving financial regulations, as well as government investigations and data breach matters.Close