June 2022

Mike Daly and Matt Adler Discuss Class Action Discovery on the ABA’s Sound Advice Podcast

Business litigation partner Mike Daly and associate Matt Adler spoke with the American Bar Association (ABA) Section of Litigation’s Sound Advice podcast in an episode titled “Managing the Scope and Costs of Class Action Discovery,” presented by the ABA’s consumer litigation committee.

In the podcast, Daly and Adler provide a high-level overview of the ways defendants can manage the scope, order and cost of discovery in cases that have been styled as class actions. They note that class actions are unique in litigation, particularly in the context of discovery, because they are asymmetrical cases in which discovery is not only invasive but also expensive, creating a hydraulic pressure to settle even frivolous claims.

Daly and Adler also discuss various defense strategies for managing the scope and cost of discovery in putative class actions, such as staying discovery, bifurcating discovery, phasing discovery and shifting the costs of discovery.

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