Class Action Trends Driving High Certification Rates: Key Issues and Defense Strategies

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, April 4, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar, led by the authors of the preeminent review of U.S. class action law, will discuss why the certification rates for class actions remain universally high, what types of cases are less easily certified or likely to be de-certified, and what this means for class action practitioners.
Faculty

Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage and hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, Mr. Maatman also helps his clients anticipate large-scale litigation risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. He also writes and lectures extensively on class action and employment litigation topics. Mr. Maatman has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico.

Ms. Riley has defended companies faced with significant complex litigation matters for more than two decades. She regularly defends companies facing class actions, collective actions, pattern or practice lawsuits, and other types of representative proceedings, ranging in size from dozens to tens of thousands of claims. Ms. Riley has represented clients facing bet-the-company cases in a wide range of complex civil litigation matters in federal and state courts across the country. She also provides counsel to employers seeking to navigate thorny issues, including investigations, compliance, and terminations. Ms. Riley is a regular speaker, author, and presenter regarding class action issues, legal developments, and challenges that companies may face in the future.
Description
The likelihood of class certification for all types of cases filed in federal court remained high in 2023, but several categories of suits enjoy almost certain certification while other categories hover at 50 percent or lower, and it is hard to account for these differences. Understanding why certification is more or less likely is critical to advising defendants and for plaintiff strategy.
Consumer fraud, civil rights, and privacy class actions have the lowest certification rates, while other large class suits alleging product liability and claims under FCRA, FDCPA, or TCPA have much greater success at certification. Because courts issued more rulings in FLSA collective actions than in any other similar type of action, these cases may offer clues to the relative importance of pleading, identification of plaintiffs' counsel, the nature of claims as statutory or common law, or the effect of certification procedures.
Listen as this nationally renowned panel discusses class action trends and explores what factors may have a greater impact on certification than others in various types of cases.
Outline
- 2023-2024 class action trends
- Review of certification rates
- Factors affecting certification
- Strategies for leveraging the trends
Benefits
The panel will discuss these and other important issues:
- Are claims based on certain areas of law are easier to certify than others?
- In those areas where certification rates are low, what factors seem to be the most important in preventing certification?
- Does the sophistication of the law or plaintiffs (institutional antitrust vs. consumer fraud) affect certification?
- Is certification more prevalent if standards under a governing statute are more bright line?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Related Courses

Authenticating Disputed E-Signatures at Trial: ESIGN and UETA, Experts, Burdens of Proof, Audit Trails
Friday, February 28, 2025
1:00 p.m. ET./10:00 a.m. PT

Concurrently and Ethically Representing Companies, Owners, and Employees in the Same Matter
Monday, May 19, 2025
1:00 p.m. ET./10:00 a.m. PT
Recommended Resources
Explore the Advantages of Consistent Legal Language
- Learning & Development
- Business & Professional Skills
- Talent Development