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About the Course
Introduction
This CLE course will guide class action defense counsel for strategically controlling/limiting the time and expense of discovery in class litigation through traditional tactics such as the use of offensive and defensive motions and more aggressive tactics focused on reducing the cost of the whole case, not just discovery.
Description
For class action counsel, getting through discovery efficiently and cost-effectively is an ongoing challenge because most class actions do settle. One approach is to limit discovery to the essentials and to focus and use offensive and defensive motions—to stay discovery pending resolution of a motion to dismiss, to bifurcate class certification versus merits discovery, to narrow the class definition, and to shift costs to the party requesting discovery. Knowing how to leverage these motions successfully can be the key to reigning in discovery costs.
Another approach is to view discovery as just one leg on the journey to trial on the merits, an approach being taken more frequently. Better outcomes have sometimes been achieved by taking the road less traveled and letting trial themes and strategies, rather than cost alone, inform how much to disclose pre-certification, which witnesses to depose, and to develop a robust record to fortify expert testimony. When the plaintiff's case is weak, a single phase of discovery and then moving for summary judgment could be the best option. Signaling to plaintiffs that settlement is not a forgone conclusion could have a prophylactic effect on future cases.
Listen as our experienced class action defense counsel panel outlines strategic approaches to managing discovery costs.
Presented By
Bio for Annie Attorney; loves horses and arguments
This is a bio for Big Boat. Big Boat is an avid reader and unicyclist.
This is a bio for speaker, Roller Coaster. Roller Coaster enjoys walks on the beach and pizza with pineapple.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, January 8, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Traditional playbook
A. Motions to stay discovery pending dispositive motions
B. Bifurcation: certification vs. merits
C. Cost-shifting motions
D. Other strategies to limit discovery
II. Trial-focused discovery strategies
A. Single discovery period
B. Expanded merits discovery
C. Expanded disclosures of supportive documents
D. Creative witness choices
E. Expanded depositions of plaintiffs
F. Anticipating motions to decertify
III. Deciding the better approach
The panel will review these and other key issues:
- When and how should defense counsel use motions to stay discovery in class action litigation?
- Under what circumstances should defense counsel seek or not seek bifurcation of discovery in class litigation?
- What are some best practices for using cost-shifting motions as a strategy to limit discovery?
- How can more robust pre-certification discovery uncover dispositive issues and expose weaknesses in a plaintiff's case?
- Are interlocutory appeals in certain types of cases effective for resolving dispositive issues?
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