An experienced business and commercial law attorney based in Los Angeles, California, Neal Marder currently works as a partner with Winston & Strawn, a major international law firm with operations throughout Europe, Asia, and North America. In September 2011, he led an instructional eLunch titled “Effective But Overlooked Strategies to Defeat Class Actions.” In the interactive webinar, Mr. Marder focused on the court ruling on class certification, which often represents a pivotal point in a class action.
Defendants should maintain an in-depth knowledge of ways to defeat class certification, often by aggressive legal tactics. In particular, the presentation provided practical tips for implementing high quality out-of-court settlement programs and striking class allegations at the pleading stage. Mr. Marder also taught attendees about pleading compulsory counterclaims that identify individual issues and filing motions to preempt and deny class certification.
By utilizing one or more of these lesser-known strategies, defendants in class actions can greatly increase their chances of defeating the suits and emerging victorious.