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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, December 4, 2025

  • 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.


  • Live Online


    On Demand

Early Bird Pricing!
MSRP
$297.00
$252.45
Save $44.55

Discount expires 10/9/25

This course is $0 with these passes:

CLE
ALL

This CLE course will guide class action defense counsel in the strategies and logistics for pursuing post-certification procedural and substantive motions and appeals. The panel will discuss the advantages and disadvantages of seeking motions for Rule 23(f) appellate review, decertification, reconsideration, or summary judgment.

Faculty

Neal Walters
Partner
Ballard Spahr LLP

Mr. Walters is the Practice Leader of the firm’s Product Liability and Mass Tort Group. He and his national team have a diverse trial and litigation practice focused on protecting product companies, and clients involved in technical matters, against a broad range of risks. As national counsel for several consumer product manufacturers, he has defended and coordinated product liability and consumer claims through trial in jurisdictions around the country. Mr. Walters has significant experience defending class certification proceedings, with a focus on consumer fraud and unfair trade practices.

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Peter J. Wozniak
Partner
King & Spalding LLP

Mr. Wozniak is a partner in King & Spalding’s Global Human Capital & Compliance practice. He is a vigorous advocate and a candid and personable counselor who strives to help his clients navigate critical, high-stakes issues as painlessly and efficiently as possible. As a labor and employment litigator, Mr. Wozniak focuses his practice on defending complex workplace class and collective actions across the country. He represents clients in venues around the country and across a number of industries, including transportation and logistics, restaurants, retail, manufacturing, and temporary staffing. Mr. Wozniak handles a number of high-profile matters, he partners with his clients to understand every aspect of their businesses, to help ease the impacts that litigation may have on their operations. His approach to litigation allows him to advise clients regarding strategies that maximize results in litigation and their overall business.

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Description

Class action cases have the potential for high damages and defense costs. While defense counsel strive to dispose of class actions early to minimize liability exposure and control expenses, that is not always possible; and a strategy for defeating class certification after an initial adverse certification decision may be necessary.

Depending on the jurisdiction, post-certification challenges include seeking Rule 23(f) appellate review of the class certification ruling or pursuing motions for decertification, reconsideration, or summary judgment. The most effective approach will vary considerably according to the particular case, and state and federal courts may differ significantly in the stage at which the initial certification decision is made and, accordingly, their inclination to recognize post-certification arguments.

Our panel will present decertification efforts that occurred during and immediately after a trial. Ultimately, counsel must carefully consider the potential impact on settlement options of these arguments.

Listen as our authoritative panel examines strategies defense counsel may pursue following certification to defeat the class. FLSA collective actions are in some ways similar to Rule 23 class actions, and our panel will also offer insights related to decertification of FLSA collective actions. The panel will discuss the pros and cons of each type of post-certification challenge and factors to consider according to several different types of scenarios.

Outline

I. Requesting reconsideration and review following class certification

A. Motion for reconsideration

B. Petition for appellate review

II. Post-certification motions

A. Motion for partial or total summary judgment

B. Motion for decertification

C. Other motions to consider

III. Post-certification challenges unique to trial

Benefits

The panel will review these and other challenging issues:

  • Under what circumstances should counsel request a motion for decertification, reconsideration, or appellate review of the certification decision?
  • What strategies have been successful for counsel seeking summary judgment following certification of a class?
  • What factors should defense counsel consider in evaluating which post-certification option to pursue?