Selecting and Protecting Class Representatives: Defending Plaintiff Depositions; Proving Adequacy, Typicality

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.

1. Initial selection and evaluation of a named plaintiff
2. Education and preparation of putative class representatives
3. Working with the putative class representatives during discovery
4. Defending depositions
5. Compensation of lead plaintiff
6. Class representative standing
7. 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?