Discovery Strategies in Wage and Hour Class and Collective Actions Before and After Certification of Putative Class

Strategically Limiting Discovery, Resolving Discovery Disputes

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, March 1, 2023

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE course will guide employment litigators to pursue or object to discovery requests in wage and hour class and collective actions and for dealing with discovery disputes that arise throughout the litigation. The panel will discuss how courts interpret and apply the proportionality doctrine to rein in broad discovery requests in wage and hour cases.

Description

Wage and hour class and collective actions are complex and discovery intensive. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates a significant expense for employers.

In recent years, courts have emphasized that parties must rein in extensive and expensive discovery requests. Employment litigators are increasingly raising proportionality arguments as a basis for objecting to opposing counsel's discovery requests. Drafters are responding by tailoring requests to anticipate such challenges.

Drafting discovery requests that are likely to withstand burden and proportionality challenges and objections to broad discovery requests is critical for litigators representing employers in wage and hour class and collective actions. Employment litigators must develop and implement effective discovery strategies both before and, as applicable, after certification of the putative class. These strategies often must anticipate the possibility of a future summary judgment motion, further certification practice, and trial on the merits.

Listen as our authoritative panel of employment law attorneys explains effective strategies for pursuing or objecting to discovery requests in wage and hour collective and class actions and resolving discovery disputes that arise during litigation.

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Outline

  1. Pursuing or objecting to discovery requests in wage and hour collective and class actions
    1. Before conditional collective or class certification
    2. After conditional certification of a collective action
    3. After class certification
  2. Discovery considerations for summary judgment
  3. Discovery considerations for trial
  4. Resolving discovery disputes

Benefits

The panel will review these and other key issues:

  • What are the most common discovery challenges counsel face when litigating wage and hour collective and class actions--from initiation through resolution of the case?
  • What strategies have been effective in wage and hour collective and class actions for obtaining essential information with the least expense?
  • What is the scope of discoverable evidence before and after certification of the putative class, and how can you limit or best manage discovery?
  • When drafting discovery requests in wage and hour class and collective actions, what should employment counsel consider to ensure that the requests align with the proportionality standard?

Faculty

Maatman, Gerald
Gerald L. Maatman, Jr.

Partner
Duane Morris

Mr. Maatman, Jr., chair of Duane Morris’ Workplace Class Action group, has nearly four decades’...  |  Read More

Tripp, Noel
Noel P. Tripp

Principal
Jackson Lewis

Mr. Tripp practices exclusively in employment law and has been involved in matters pending before federal and state...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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