Effective Discovery Strategies in Class Action Litigation

Leveraging Trends and Best Practices for Depositions, Expert Witnesses and E-Discovery

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, October 24, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare class counsel to handle discovery challenges that often arise in class action litigation. The panel will discuss new considerations impacting witness statements and outline cost effective approaches to managing the discovery process.


Pursuing and responding to discovery requests in an efficient, cost effective manner is an ongoing challenge for counsel in class actions. Even seasoned litigators struggle when taking depositions, using expert witnesses, and managing e-discovery.

The discovery process includes preparing parties, class members and witnesses. In a new development, the California Supreme Court's Coito decision in June 2012 addresses the question of attorney work-product protection for witness statements.

Practical consideration of costs is as important as leveraging discovery in seeking or defending certification and in the merits stages of a class action. Expenses may be avoided through e-discovery, but search methodology may be subject to Daubert challenges.

Listen as our experienced panel of class action litigators examines common discovery challenges affecting issues of removal, timing and use of experts, reviews effective discovery methodologies that survive court scrutiny, and outlines approaches to manage discovery costs.



  1. Removal and the Class Action Fairness Act
  2. Motions to stay discovery pending dispositive motions practice and class certification timing requirements
  3. Organizing and coordinating plaintiff’s counsel
  4. Bifurcation: certification versus merits
  5. Class discovery and timing
    1. Preparing lead plaintiff
    2. Witness statements: Coito ruling
    3. Use of experts
  6. Rule 23 class certification requirements
  7. E-Discovery


The panel will review these and other key questions:

  • How do courts approach bifurcation of discovery and whether it relates to certification versus merits?
  • How are defense counsel using e-discovery to defeat class certification?
  • How are plaintiff’s counsel responding to requests for discovery, both named and unnamed?
  • What methodologies have been effective for plaintiff and defense counsel for obtaining essential information in the least-expensive manner?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Paul S. Rosenlund
Paul S. Rosenlund

Duane Morris

He is a trial lawyer who advises and represents business clients in a variety of areas, including products liability...  |  Read More

Paul J. Lukas
Paul J. Lukas

Nichols Kaster

His practice focuses on employment litigation, obtaining favorable verdicts for employees in overtime, age, race,...  |  Read More

Nancy R. Thomas
Nancy R. Thomas

Morrison & Foerster

Her practice focuses on complex civil litigation, particularly the defense of consumer class actions and financial...  |  Read More

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