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Managing Class Representative Discovery: Plaintiffs' Strategies for Winning Certification

Preparing for Discovery Pre-Suit, Negotiating Fair Protocols, Defending Depositions, and Responding To Written Discovery

Recording of a 90-minute CLE video webinar with 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.

Conducted on Tuesday, April 4, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide strategies for plaintiffs’ counsel to navigate class representative discovery. The panel will discuss best practices related to preparing for discovery, negotiating fair discovery protocols, responding to discovery requests, and defending class representative depositions.


Class representative discovery is an essential component of establishing Rule 23 class certification. Experienced plaintiffs' counsel will need to be well-versed in the many defense strategies for eliciting class representative testimony and discovery that could undermine the claims in a class action lawsuit and challenge class certification.

Preparing for discovery begins before the case is filed, and class representatives must thoroughly understand their obligations in the discovery process. Plaintiffs’ counsel must think through and negotiate protocols related to several topics that affect the scope of discovery, including protective orders ESI protocols. Plaintiffs’ counsel must also carefully guide their class representatives through written discovery and depositions, where the class representatives’ responses are critical to the case.

Listen as this panel of esteemed class action plaintiffs' lawyers shares strategies on how to best handle class representative discovery and avoid common issues that could present challenges at class certification.



  1. Selecting the named plaintiff with an eye to discovery
  2. Selecting and gathering documents before commencing the case
  3. Anticipating key defense strategies
    1. Precertification
    2. Merits
  4. Negotiating protocols and protective orders
    1. ESI
    2. Depositions
    3. Confidentiality
  5. Responding to written discovery requests
  6. Preparing for and defending depositions


The panel will review these and other crucial questions:

  • What are the most difficult issues for plaintiffs to navigate during discovery?
  • What protocols are the most important?
  • What types of questioning techniques might be anticipated at depositions?
  • What can counsel do during and after a deposition if the deponent performs poorly?


Fernandes, David
David Fernandes

Baron & Budd

Mr. Fernandes represents clients across the United States in class action litigation involving automobile safety,...  |  Read More

Nguyen, Phong-Chau
Phong-Chau G. Nguyen

Lieff Cabraser Heimann & Bernstein

Mr. Nguyen is a partner in Lieff Cabraser’s San Francisco office specializing...  |  Read More

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