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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 sensical 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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Feb 14

Register Now

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
Register Now

Mar 14

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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
Register Now

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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January 13, 2017

Supreme Court to Review Validity of Class Action Waivers in Employment Arbitration Agreements

January 13, 2017

The U.S. Supreme Court has agreed to decide whether class action waivers in employment arbitration agreements violate the National Labor Relations Act (“NLRA”). The Supreme Court’s action promises the much-anticipated resolution of the circuit split on the issue. The Court on January 13, 2017, granted certiorari in... Read More

January 10, 2017

2017: The Year Ahead for Employers

January 10, 2017

An executive summary of recent changes in workplace law and a look ahead to 2017. Read More

January 4, 2017

Retail Employer Workplace News - Winter 2017

January 4, 2017

Class Action Trends Report on Defending Class Discrimination Claims Experienced plaintiffs’ counsel have turned to class claims alleging systemic gender, race, or other forms of discrimination as a mechanism for bringing large-scale, large-dollar lawsuits against all sectors of the business community. Read more… Labor... Read More

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November 14, 2016
Jackson Lewis

Jackson Lewis’ Los Angeles Office Expands Litigation Capabilities with Addition of Elizabeth Murphy

November 14, 2016

LOS ANGELES, CA (November 14, 2016) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce employment litigator Elizabeth “Liz” Murphy has joined the firm’s Los Angeles office as a Principal.  Ms. Murphy, who joins Jackson Lewis from Manning & Kass, brings to the... Read More

October 13, 2016
Bloomberg BNA

René Thorne and Charles Seemann Discuss Financial Mismanagement of Employee Retirement Plans

October 13, 2016

René Thorne and Charles Seemann discuss recent lawsuits filed against prominent universities for financial mismanagement of employee retirement plans and investment options in "Prestigious Colleges Defend Retirement Plan Management," published by Bloomberg BNA. Subscription may be required to view article Read More

October 10, 2016
Today's General Counsel

Brett Anders Authors "Building a Better Play List with Technology-Assisted Document Review"

October 10, 2016

Brett Anders authors "Building a Better Play List with Technology-Assisted Document Review," published by Today's General Counsel. Subscription may be required to view article Read More

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ALERT: United States Supreme Court Agrees to Review Class Action Waiver Cases
January 13, 2017

Earlier today, the United States Supreme Court granted certiorari in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307, Epic Systems Corp. v. Lewis, Case No. 16-285 and Ernst & Young LLP v. Morris, Case No. Read More

By Samia M. Kirmani, Daniel L. Messeloff, Jeffrey A. "Jake" Schwartz, Collin O'Connor Udell and David Nagle

Employee Cannot Maintain Collective Action for Employer’s Failure to Post FMLA Notice
January 11, 2017

We all know that the FMLA is fraught with pitfalls that can lead to costly mistakes. But a collective action for simply failing to post a notice?  On January 6, 2017 a U.S. District Court in Maryland rejected such an attempt.  In Antoine v. Read More

Jackson Lewis Class Action Trends Report Winter 2016 Now Available
December 20, 2016

Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report.  This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer.  We hope you will find this issue to be informative and insightful.  Using our considerable experience in defending hundreds of &# Read More