Current Issues in Class Action Defense: Trends, Innovations, Strategy, and Practical Insights
Preparing for More Lawsuits, More Expansive Theories, and More Determined Plaintiffs

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Tuesday, August 29, 2023
- 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 will discuss current, significant trends in class action defense related to settlement amounts, certification rates, and availability of arbitration, as well as analyze some prime drivers of the surge in class litigation, such as the role of government enforcement actions, the explosion of privacy statutes, and changes in the substantive law. The panel will examine how these trends inform defense strategy on critical decisions regarding, for example, forum selection and removal, pre-certification discovery, selection and retention of experts, settlement strategy, and other issues.
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
Class action defense requires constant recalibration because the positions and goals of the parties shift and change during the case. When attempting to anticipate the key issues at each stage of litigation, defense counsel need a deep understanding of the increasing sophistication and complexity of class actions over time and how plaintiffs have adapted to prior defense strategies on everything from venue and removal to discovery.
Defense counsel often have limited time to react after receiving a class action complaint and must make important decisions with limited information. Thus, those advising defendants need to plan and prepare for addressing certain strategic considerations early in the case and understand how each decision opens the door for the plaintiff's next move.
Listen as this preeminent pair of class action defense counsel offers a deep dive into the trends shaping class action practice and how they affect defense strategies.
Outline
- Trends and developments
- Strategies in key areas
Benefits
The panel will review these and other important questions:
- What should companies and their counsel expect in future class action litigation?
- What questions about venue and removal need to be answered immediately after service of process?
- Will jurisdictional defenses help or hurt the company's long-term goals?
- Should defendants ever elect not to enforce an arbitration agreement?
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