About the Course
Introduction
This CLE webinar will guide counsel on selecting and protecting the interests of class representatives. The program will cover preparing for and defending class representatives in deposition and ensuring they meet the adequacy and typicality requirements. The panel will also review which claims to assert against which defendants, on behalf of which class members, and the role of counterclaims and affirmative defenses in the selection of the lead plaintiff.
Description
Identifying suitable class representatives and getting them approved is critical to success. Courts are not required to appoint someone as the lead plaintiff.
Class representatives face an onslaught from defense counsel eager to prevent certification or to defeat the substantive claims. Class counsel must thoroughly prepare class representatives and aggressively defend them in depositions to ensure they not only withstand defense scrutiny but also advance the class' claims.
Class counsel must protect the interests of all class members, but the lead plaintiff decides not only what claims should be brought, against which defendants, and on behalf of what class but also which claims will not be brought. These decisions can have significant repercussions not only on absent members but also on the class action if the representative dies, loses standing, or otherwise becomes ineligible. Likewise, the defenses and counterclaims against named plaintiffs affect the proceedings.
Listen as this renowned panel of attorneys offers guidance and the best strategies for selecting and defending class representatives.
Presented By
Ms. Bernay is a partner in Robbins Geller Rudman & Dowd LLP’s San Diego office, where she specializes in antitrust and unfair competition class-action litigation. She has also worked on some of the Firm’s largest securities fraud class actions, including the Enron litigation, which recovered an unprecedented $7.2 billion for investors. Ms. Bernay currently serves as co-lead counsel in In re Payment Card Interchange Fee and Merchant Discount Antitrust Litig., in which a settlement of $5.5 billion was upheld by the Second Circuit Court of Appeals. She speaks on a variety of issues related to litigation, including recent changes to Rule 23 of the Federal Rules of Civil Procedure.
Ms. Wicklund is a litigator with extensive experience representing plaintiffs as well as defendants in a range of disputes, including consumer protection, bankruptcy, environmental, franchise, employment, and labor cases. She has prosecuted and defended class actions and mass-tort cases, and throughout her practice has represented both individuals and businesses. Ms. Wicklund is an experienced appellate practitioner and has argued successfully before both state and federal courts of appeal, including high-profile class actions and nonprofit impact cases. She also teaches in the areas of legal writing, civil procedure, and consumer protection.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, November 5, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Initial selection and evaluation of a named plaintiff
II. Education and preparation of putative class representatives
III. Working with the putative class representatives during discovery
IV. Defending depositions
V. Compensation of lead plaintiff
VI. Class representative standing
VII. Strategic decisions with class representatives
The panel will review these and other key issues:
- How do you find a class representative?
- How does one broach the topic of serving as a class representative?
- How do you explain the duties, responsibilities, and risks of serving as a class representative?
- How do you maintain your class representative?
Related Courses
Selecting and Protecting Class Representatives: Defending Plaintiff Depositions; Proving Adequacy, Typicality
Thursday, November 5, 2026
1:00 PM ET/10:00 AM PT
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