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 at trial and ensuring they meet and maintain 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 whether on summary judgment or at trial. Class counsel must thoroughly prepare class representatives and aggressively defend them in depositions and at trial 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 and how to prepare them for their depositions and trial testimony to advance the best interests of the class they represent.
Presented By
Ms. Bernay 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. In In re Payment Card Interchange Fee and Merchant Discount Antitrust Litig. Ms. Bernay serves as co-lead counsel. That case, pending in the Eastern District of New York, is brought on behalf of millions of U.S. merchants against Visa and MasterCard and various card-issuing banks. The case challenges the way these companies set and collect tens of billions of dollars annually in merchant fees.
Mr. Szot is a seasoned trial lawyer with more than 25 years of experience litigating complex commercial cases nationwide. His practice focuses on prosecuting high stakes claims involving antitrust violations, consumer protection, commodity manipulation, securities fraud, and the False Claims Act. Mr. Szot represents both classes and individual companies, bringing the same strategic rigor and intensity to each case. He has built a reputation for handling sophisticated matters that demand deep legal analysis, practical judgment, and a willingness to take cases through trial. Mr. Szot's work has earned recognition from his peers, including selection as an Illinois Rising Star for four consecutive years.
Ms. Wicklund works of counsel to Richman Law & Policy. Her work focuses on the domestic food supply, including issues of pesticide use, environmental health, and the welfare of farmed animals. Ms. Wicklund strives to ensure consumers have honest information regarding their food choices, and the knowledge to protect their, and their families’, health.
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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
VIII. Preparing class representatives to testify at trial
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?
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