A class action presents a structurally unique litigation challenge. The plaintiff class may include millions of individuals whose individual claims are each too small to litigate independently — but whose aggregated claims create liability exposure that can threaten the enterprise. The asymmetry of this structure demands a commensurate strategic response.
The First Thirty Days Are Decisive
In our experience defending corporations against class actions across sectors and jurisdictions, the decisions made in the first thirty days after a claim is filed have disproportionate influence on the outcome. Litigation holds, document preservation protocols, internal communications discipline, and early case assessment — all of these must be initiated immediately and executed with precision.
“Class certification is the pivotal battleground. A defendant who defeats certification before a trial-ready class is assembled has fundamentally changed the economics of the litigation.”
Attacking Class Certification
Under Rule 23 of the Federal Rules of Civil Procedure, plaintiffs must demonstrate that their proposed class satisfies the requirements of numerosity, commonality, typicality, and adequacy of representation — and, for damages classes, predominance and superiority. Each of these elements is a litigation battleground. A well-resourced defense challenges the factual and expert evidence supporting certification before a class is ever certified.
- Challenge commonality by demonstrating individualized questions that predominate over class-wide issues
- Retain statistical and damages experts early to rebut plaintiff expert methodology
- Depose the named plaintiffs to expose inadequacy as class representatives
- Develop a Daubert strategy to exclude plaintiff expert testimony on certification
- Identify arbitration agreements or class action waivers that may limit the class
Settlement Strategy and Timing
Not all class actions should be litigated to final judgment. The question of whether and when to settle requires analysis of the expected value of litigation outcomes, the direct and indirect costs of continued litigation, the reputational exposure of public proceedings, and the business disruption of prolonged discovery. These factors should be assessed continuously throughout the litigation, not only at the eve of trial.
A class action defense strategy must account for the full cost of litigation — not merely the settlement or judgment. Discovery costs, management distraction, and reputational exposure often exceed the headline damages.
Lexora Advisory
Complex Litigation Defense
Lexora's litigation practice has defended corporations in class actions before federal and state courts across multiple jurisdictions. We bring institutional experience to your most consequential proceedings.
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