• videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Class Action
  • schedule 90 minutes

Early Challenges to Class Certification: Strategies and Tactical Considerations at Pleading Stage

Legal Standards, Grounds for Striking or Challenging Class Allegations, and Best Practices

About the Course

Introduction

This CLE course will discuss the if, when, and how of using motions to strike class allegations and defeating class actions pre-certification.

Description

Both Rule 12(f) and Rule 23 allow defendants to move to strike class allegations, which if successful, prevent certification or at least reduce the size of the class with attendant benefits concerning scope of discovery and cost. The burdens of proof are different under each rule, and different jurisdictions consider one or the other rule more appropriate.

Losing a motion to strike does not waive the ability to defend the case nor materially alter the parties' bargaining power on settlement.

While any legal deficiency, weak, or otherwise implausible class allegation is fair game, certain defects are excellent candidates for strike motions, including personal jurisdiction, nationwide class definitions, and predominance/commonality which focus on variations in state law and individualized questions of injury.

Listen as our panel of experienced class action practitioners discusses recent trends regarding motions to strike class allegations.

Presented By

Gerald L. Maatman Jr.
Partner, Chair of Class Action Defense Group
Duane Morris LLP

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.

Archis A. Parasharami
Partner
Skadden Arps Slate Meagher & Flom LLP

Mr. Parasharami is Co-Chair of Mayer Brown’s Class Action Practice and lead editor of the firm’s Class Defense Blog. He defends businesses against class action litigation in federal and state courts, with a focus on legal and strategy issues concerning whether a class can be certified.  

Kevin S. Ranlett
Partner
Skadden Arps Slate Meagher & Flom LLP

Mr. Ranlett defends businesses in complex class and representative actions in state and federal courts across the country, as well as in high stakes and mass arbitrations. His clients are national and multinational corporations in a variety of industries, including financial services, telecommunications, insurance, and Internet and technology sectors. He has successfully resolved a wide variety of claims, including allegations of false or deceptive advertising, data-breach and other privacy claims, and alleged violations of the Telephone Consumer Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, federal securities laws, the Alien Tort Claims Act, and various consumer-protection and unfair-trade and deceptive-practices acts. Mr. Ranlett He also advises businesses in drafting and enforcing arbitration agreements and in establishing fair and effective dispute-resolution programs with consumers and workers. And he assists businesses with compliance with the Telephone Consumer Protection Act and other consumer-protection laws. Mr. Ranlett is a co-editor of Class Defense, the firm’s blog on key issues affecting class action law and policy. He also has served as a Professorial Lecturer in Law at The George Washington University Law School, where he teaches advanced appellate advocacy.

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, June 25, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I.     Legal Standards

II.   Grounds for striking or challenging class allegations

III. Best practices and strategic considerations

The panel will review these and other key issues:

  • Is the pleading stage too early to challenge class claims?
  • What are the pros and cons of moving to strike class claims?
  • What impact does a strike motion have on individual and class claims and settlement?