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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, September 14, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will prepare defense counsel to evaluate whether and how to pursue discovery from and about absent class members in class litigation. The panel will discuss the courts' varying positions on permitting absent class member discovery, when to request discovery from putative class members, the discovery to request, how many absent class members to seek for discovery, and strategies to leverage evidence obtained during certification, settlement, and trial.

Faculty

Andrew J. Trask
Senior Counsel
Shook Hardy & Bacon

Mr. Trask focuses his practice on class action and complex litigation in various industries, including the automotive industry and financial services. Regarded as an authority in class action litigation, he has experience in class actions involving product liability, consumer fraud, telecommunications products, business litigation and contracts, banking, securities, ERISA, antitrust and environmental claims. He also has defended mass tort cases involving financial regulations, as well as government investigations and data breach matters. 

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Wystan M. Ackerman
Partner
Robinson & Cole LLP

Mr. Ackerman chairs the firm's Class Action Team and has a national class action defense practice. He has been involved in defending more than 60 class actions in numerous jurisdictions and in many of those cases prevailed on a dispositive motion. Mr. Ackerman has defended putative class action cases involving insurance and financial services, products liability, data breaches, healthcare, consumer contracts, and securities. Mr. Ackerman has chaired the Class Action Special Litigation Group of the Commercial Litigation Committee of the DRI, and is currently Vice Chair of the Class Action and Multidistrict Section of the Federation of Defense and Corporate Counsel.

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Description

During class certification, one of defense counsel's primary objectives is to identify differences between putative class members to demonstrate a lack of commonality and predominance within the class and ultimately defeat certification. Conducting discovery of absent or putative class members can be a useful defense tool for eliciting this information.

During settlement negotiations and trial, absent class member discovery is critical to disprove liability, injury, or damages to every member of the class.

Courts differ on allowing absent putative class member discovery since putative class members are not official parties. Defense counsel considering discovery with absent class members must evaluate when to request it, whether to use depositions or written interrogatories to obtain information, and the risks of pursuing it.

Listen as our authoritative panel of class litigators examines current trends in seeking discovery of putative class members, considerations for defense counsel in conducting absent class member discovery, and leveraging the evidence obtained during certification, settlement, and trial.

Outline

  1. Evaluating whether and how to seek discovery of absent class members
    1. When to request discovery
    2. Type of discovery to request
    3. How many absent class members to seek out for discovery
    4. Ethical and privilege considerations with absent class member discovery
  2. Leveraging evidence from putative class members during certification, settlement, and trial

Benefits

The panel will review these and other crucial issues:

  • When are absent class members considered "parties" for discovery?
  • What factors should defense counsel weigh when evaluating whether and when to conduct discovery of absent class members?
  • How can evidence from absent class members be leveraged during class certification, settlement, and trial?