Litigating Wage & Hour Class and Collective Actions: Innovative Strategies for Pre-Trial Investigation, ESI, and Discovery

September 27, 2016 11:00am

Jason C. Marsili

Posner & Rosen LLP

Steve L. Hernandez
Partner
Barnes & Thornburg LLP

  • Communications with current and former employees that might be eventual class members
    • When/how do you contact potential future class members
    • How much communication can you have with putative plaintiffs?
    • What do you communicate in order to ensure ethical compliance
  • Strategies for conducting discovery
    • Sampling and statistical significance
    • What are judges requiring of attorneys in order to streamline the process?
    • ESI and email searches as part of discovery
  • Innovative strategies for pre-trial investigation, ESI and discovery in an FLSA collective action versus in a Rule 23 class action; and in a hybrid claim
    • Conducting discovery on an opt-in class
  • How to satisfy the CAFA standard
    • What evidence is needed to demonstrate that a claim will meet the monetary threshold?
  • How to challenge evidence as not representative for the purposes of trial
  • Practical strategies for reducing the cost and burden of e-discovery