Strategically Limiting Discovery in Class Litigation: Tactics for Defense Counsel

Leveraging Motions to Stay, Bifurcation Motions and Cost-Shifting Motions to Reduce Discovery Time and Expense

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

Conducted on Wednesday, February 10, 2016

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide guidance to class action defense counsel for strategically controlling/limiting the time and expense of discovery in class litigation through the use of offensive and defensive motions. The panel will discuss how counsel can leverage motions to stay, motions to bifurcate certification discovery and merits discovery, and cost-shifting motions to reign in discovery costs.


For class action counsel, getting through the discovery process in an efficient and cost-effective manner is an ongoing challenge. Even seasoned litigators struggle to keep the discovery scope reasonable for each stage of class litigation, especially in the wake of the Wal-Mart, Comcast, and Halliburton decisions, which set the stage for broader discovery at the class certification stage.

Offensive and defensive motions—including motions to stay discovery pending resolution of a motion to dismiss, to bifurcate class certification versus merits discovery, and to shift costs to the party requesting discovery—are strategic options for defense counsel to limit the time and expense of discovery. Knowing how to successfully leverage these motions is key to reigning in discovery costs.

Listen as our experienced panel of class action defense counsel outlines strategic approaches to manage discovery costs, focusing specifically on motions to stay, bifurcation motions and cost-shifting motions.



  1. Motions to stay discovery pending dispositive motions
  2. Bifurcation: certification vs. merits
  3. Cost-shifting motions
  4. Other strategies to limit discovery


The panel will review these and other key issues:

  • When and how should defense counsel use motions to stay discovery in class action litigation?
  • Under what circumstances should defense counsel seek bifurcation of discovery in class litigation?
  • What are some best practices for using cost-shifting motions as a strategy to limit discovery?
  • What additional methodologies have been effective for defense counsel for conducting discovery in the least-expensive manner?


Ryan Bangert
Ryan Bangert

Baker Botts

Mr. Bangert’s national litigation practice focuses on complex business litigation, class action defense and...  |  Read More

Jessica B. Pulliam
Jessica B. Pulliam

Baker Botts

In trial and appellate courts across the country, Ms. Pulliam defends businesses and professionals in disputes...  |  Read More

Katherine F. Murray
Katherine F. Murray

Of Counsel
Paul Hastings

Ms. Murray concentrates her practice on complex business litigation matters. She has significant experience litigating...  |  Read More

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