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Class Action Survey: What Strategies Are Most Effective at Reducing Cost and Managing Risk in Class Action Litigation?
June 26, 2023

According to the 2023 Carlton Fields Class Action Survey, relying on trusted counsel is the most effective tool to reduce and control costs. Companies believe trusted counsel will make the right decisions without sacrificing the defense. Early case assessment rivals using trusted counsel as the most effective cost reduction tool, and the process can identify the points of strength and weakness in the defense and allow companies to deploy resources to the most effective strategies for the life of the matter. Companies reported that cost-benefit tradeoffs also serve as a major cost reduction tool, with a big jump from last year. With this technique, the in-house department weighs the cost of each potential step, which may include forgoing a motion to dismiss and moving directly to oppose class certification. Close supervision of budget — which requires an investment of administrative time from in-house counsel — also saw a jump from last year in effectiveness.
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