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Class Actions and Complex Litigation

Class action and multiple-plaintiff litigation of discrimination, wage and hour and other employment-related disputes are being filed in record numbers and pose a significant risk to employers on many fronts, including economic, cultural and reputational.

Overview

Our Class Actions and Complex Litigation Practice Group combines substantial class action experience and significant subject matter knowledge with thoughtful, strategic and creative approaches in providing clients with sensible strategies to defend difficult lawsuits. Our extensive internal resources, substantial data analysis and e-discovery capabilities, and multi-office platform provide us with unique capabilities in class action litigation.

We can assist in all of the following areas:

  • FLSA/state law wage claims;
  • Title VII, ADA, ADEA and other discrimination claims;
  • ERISA;
  • TCPA (Telephone Consumer Protection Act);
  • FCRA and other privacy laws; and
  • WARN.

In all matters, our approach begins with an aggressive early case analysis with a particular focus on:

  • Evaluation of the merits of the underlying claim(s);
  • Assessment of the class issues and likelihood of class certification;
  • Estimation of the likely discovery issues and costs;
  • Preparation of damages models and potential exposure analyses; and
  • Consideration of the effect of the litigation on the company’s operations, media issues, and financial and competitive impact.

Systemic Discrimination

Systemic discrimination claims are on the rise. The EEOC has made investigating and litigating issues involving employers’ policies and practices that allegedly have a disparate impact on women, minorities, the disabled and other protected employees a priority. In addition, the OFCCP is continuing to explore potential systemic discrimination issues among government contractors, and prominent plaintiffs’ lawyers are also seeking to take part in this wave of systemic discrimination litigation.

We have extensive experience representing employers in class actions and other large-scale discrimination cases, both at administrative agencies and in court, and understand the particular sensitivity these types of claims can have within a company. In addition to our national Class Actions and Complex Litigation Practice Group and experienced trial lawyers with expertise in discrimination matters, our Affirmative Action Compliance and OFCCP Defense Practice Group includes not only lawyers, but also professional statisticians who regularly assist in defending these matters.

Gender Discrimination

Our attorneys have defended clients in many significant gender discrimination cases alleging unequal treatment of women in compensation, promotion, hiring and termination, including cases involving “glass-ceiling” allegations, Equal Pay Act claims, sexual harassment claims and other related cases brought under state and federal law. Our diverse team of seasoned trial lawyers across the country is prepared to bring creative strategies to these issues and to try cases in which an earlier resolution cannot otherwise be achieved.

Race Discrimination

We have appeared before the EEOC on matters arising from its E-RACE initiative, including matters ranging from the use of credit and background checks in hiring decisions, to racial stereotyping and other issues involving facially neutral policies that may have an adverse effect on racial minorities. We have also defended companies in state and federal court on claims of race, color and national origin discrimination, and our Corporate Diversity Counseling Practice Group provides comprehensive and innovative approaches to diversity-related issues.

Disability Discrimination

Our Disability, Leave and Health Management Practice Group has long been at the cutting edge of disability law issues, including ADA, FMLA and leave management cases arising under state and federal law. We use this expertise to assist clients who face claims that their employment policies or practices have a discriminatory impact on employees who take leave or are disabled, and we offer proactive advice on best practices and effective litigation strategies.

The Team

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Archived

Class Actions and Complex Litigation Webinar Series

March 14, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending

Archived

Class Actions and Complex Litigation Webinar Series

February 14, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending

Archived

Class Actions and Complex Litigation Webinar Series

January 10, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending

See AllPublications

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August 8, 2017

Use of Non-Compliant Disclosure Form Did Not Result in Concrete Injury under Fair Credit Reporting Act

August 8, 2017

A job applicant alleging a violation of one of the procedural requirements of the Fair Credit Reporting Act (FCRA) lacked standing to sue under Article III of the United States Constitution because he failed to allege facts showing he suffered a concrete injury in fact, apart from the alleged statutory violation itself, the U.S. Court of... Read More

July 19, 2017

U.S. Supreme Court Round Up – 2016-2017

July 19, 2017

The U.S. Supreme Court term that ended June 2017 included a number of decisions important to workplace law, as well as the confirmation of Justice Neil Gorsuch. Although functioning with only eight justices for most of the 2016-2017 term, the Court managed to achieve a strong consensus in each of its employment-related rulings.... Read More

July 12, 2017

Class Action Trends Report Summer 2017

July 12, 2017

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Wage and hour claims: the class and collective behemoth The legislation Prevention pointer Only in California Regulatory roundup Read More

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Showing 1-3 of 36
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August 28, 2017
American Bankruptcy Trustee Journal

Michael Jakowsky Authors "Warning to All Trustees: The Worker Adjustment Retraining and Notification Act ('WARN') May Be Lurking in Your Corporate Cases"

August 28, 2017

Michael Jakowsky authors "Warning to All Trustees: The Worker Adjustment Retraining and Notification Act ('WARN') May Be Lurking in Your Corporate Cases," published by American Bankruptcy Trustee Journal. Read More

June 21, 2017
Legal Newsline

Stephanie Adler-Paindiris Comments on Supreme Court's 'Microsoft Corp. v. Baker' Ruling

June 21, 2017

Stephanie Adler-Paindiris comments on the Supreme Court addressing the legal loophole in the Microsoft Corp. v. Baker case in "Supreme Court on Microsoft case: plaintiffs cannot voluntarily dismiss to appeal class certification," published by Legal Newsline. Subscription may be required to view article Read More

May 15, 2017
Cleveland Metropolitan Bar Journal

Patrick O. Peters, Kathleen M. Tinnerello and Stephen R. Beiting Author "The Impact of a Republican-Majority National Labor Relations Board"

May 15, 2017

Patrick O. Peters, Kathleen M. Tinnerello and Stephen R. Beiting author "The Impact of a Republican-Majority National Labor Relations Board," published by Cleveland Metropolitan Bar Journal (Page 12). Subscription may be required to view article Read More

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See AllBlogs

Employer’s Use of Non-Compliant Disclosure Form Did Not Result in Concrete Injury Under Fair Credit Reporting Act
August 10, 2017

A job applicant alleging a violation of one of the procedural requirements of the Fair Credit Reporting Act (FCRA) lacked standing to sue under Article III of the United States Constitution because he failed to allege facts showing he suffered a concrete injury in fact, apart from the alleged statutory violation itself, the U.S. Read More

Illinois Class Actions Spark New Attention For Biometric Data Applications
July 27, 2017

Capturing the time employees’ work can be a difficult business. In addition to the complexity involved with accurately tracking arrival times, lunch breaks, overtime, etc. Read More

Certification of Alleged Misclassified Bakery Distributors Denied due to Predominance of Individualized Issues
July 25, 2017

Class certification would have been granted in Soares v. Flowers Foods, Inc., 3:15-cv-04918 (N.D. Cal., June 28, 2017), but for the allegedly misclassified independent contractors’ decision to deliver, or not deliver, the goods themselves. Read More