Unlike discovery in other types of litigation, the urgency and necessity of conducting comprehensive formal and informal discovery at the outset of a class action is critical.[FOOTNOTE 1]
When faced with a class action an employer must do two things: (1) perform due diligence to isolate the truth or falsity of allegations made in the lawsuit and (2) prepare a defense to the class claims. Interviewing members of the putative class accomplishes both these goals. When parties and counsel prepare to reach out to putative class members, there are certain parameters that they must observe. This article discusses those parameters.[FOOTNOTE 2]
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