FRCP 23(a)(4) and 23(g): Challenging or Supporting the Adequacy of Class Representatives and Class Counsel
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will outline effective techniques and arguments for challenging the adequacy of class representatives and class counsel under FRCP 23(a)(4) and FRCP 23(g), during certification, or even on appeal to have certification revoked.
- Class Counsel’s vetting of the class representatives.
- How to prepare the class representatives for challenges to their adequacy.
- How to defend against challenges to class counsel’s adequacy under 23(g).
- Adequacy of class representative
- Conflicts of interest
- Type of relief sought
- Limited fund
- Competing theories of liability and litigation strategy
- Class members who benefit from wrongdoing or status quo
- Understanding of case, duties
- Financial resources and third-party funding
- Conflicts of interest
- Adequacy of class counsel under Rule 23(a)(4)
- Counsel's knowledge and experience of substantive law and class actions
- Proper staff and adequate resources
- Conflicts with other clients
- Quality of work product, professionalism, ethics
- Procedures governing appointment of class counsel under Rule 23(g)
The panel will review these and other key issues:
- What is the relationship between FRCP 23(a)(4) and 23(g)?
- How to select and vet class representatives and prepare them for challenges to their adequacy.
- What parties or third parties are most likely to have relevant information?
- What practices of counsel in marketing its class action practice are most likely to jeopardize approval?
- What are the "red flags" suggesting either the class representative or counsel cannot adequately represent the class?
- What is the trend of courts in "de-certification" of class representatives or counsel even after trial?
- With what other class criteria does adequacy overlap?
Kozyak Tropin & Throckmorton
Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and... | Read More
Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and multi-district litigation, representing plaintiffs in fraud and deceptive trade practices, tort, and product liability claims. He has litigated actions in both Federal and State courts and has also litigated matters before the Financial Industry Regulatory Authority (FINRA).Close
Sylvia E. Simson
Ms. Simson is a litigator with a diverse practice focused on a broad range of complex commercial litigation as well as... | Read More
Ms. Simson is a litigator with a diverse practice focused on a broad range of complex commercial litigation as well as mass torts, product liability, life sciences, environmental, and financial services matters.Close
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