Defending Class Actions Through Trial

Class actions rarely go to trial, but defense counsel must be prepared when they do. The key to a successful class action defense—whether defeating certification or winning at trial—is demonstrating the inherently individualized nature of plaintiffs’ claims. Drawing from their extensive experience defeating certification and defending class actions through trial, our faculty will show how developing and presenting evidence of individualization provides the foundation for victory at every stage of class action litigation.

Attendees will learn strategies for (1) defeating class certification through techniques that simultaneously strengthen trial positions; (2) maintaining focus on individual issues through post-certification, including motion practice and trial management strategies; and (3) effectively trying class actions when necessary, illustrated through recent case studies and first-hand insights.

This CLE is best suited to defense attorneys who handle or wish to handle class action litigation, including experienced practitioners looking to enhance their trial skills and those new to class action defense seeking a comprehensive understanding of the field.

Learning Objectives:

• Evaluate and implement strategies during class certification that preserve and strengthen trial positions
• Present individual issues effectively to courts and juries
• Execute post-certification strategies that maintain pressure while preparing for trial
• Recognize and capitalize on opportunities for decertification throughout the trial
• Apply lessons from recent class action trials to develop effective trial strategies