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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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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

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May 11, 2017

Class Actions and the Future

May 11, 2017

It is undeniable that technology continues to progress at a rapid pace, while employers and courts scramble to keep up with the myriad of ever-evolving issues that this creates. Part I of this white paper will address the integration of social media and class actions, with a large focus on the dissemination of notice to class members;... Read More

April 27, 2017

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

April 27, 2017

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the Trump Administration’s labor and employment policy positions. Even as significant changes in federal policies are... Read More

April 6, 2017

Retail Industry Workplace Law Update - Spring 2017

April 6, 2017

OSHA Identifies 10 Most Cited Safety and Health Violations The Occupational and Safety and Health Administration released a preliminary list of the 10 most frequently cited safety and health violations for 2016, compiled from about 32,000 inspections of workplaces by federal OSHA staff. Read more… Supreme Court Hears... Read More

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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

April 10, 2017
Jackson Lewis

Jackson Lewis Adds Depth to Class Action Litigation Team with Addition of Jeffrey Newhouse and Adam Lounsbury in Richmond

April 10, 2017

RICHMOND, VA (April 10, 2017) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce class action litigators Jeffrey H. Newhouse and Adam L. Lounsbury have joined the firm’s Richmond office. “Jeff is a prominent practitioner who is well-known for his extensive experience in... Read More

April 5, 2017
Law.com

Paul DeCamp Comments on 'Tip Pooling' Rule Reaching Supreme Court

April 5, 2017

Paul DeCamp comments on whether the DOL exceeded its rulemaking authority as 'tip-pooling' rule reaches the U.S. Supreme Court in "US Supreme Court Tackles Issue of Restaurant 'Tip Pooling'" published by Law.com. Subscription may be required to view article Read More

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Timing Is Everything: District Court in New York Approves CAFA Removal Two Years After Case Filing
May 23, 2017

In a somewhat unusual ruling, a New York federal court denied an unpaid intern’s attempt to remand a putative wage-hour class action against Oscar de la Renta to state court even though the case was removed to federal court under the Class Action Fairness Act (“CAFA”) approximately two years after the case was filed. Read More

UPDATE ON UNIVERSITY SECTION 403(b) CASES: INCONSISTENT RULINGS
May 17, 2017

As a result of rulings on motions to dismiss within a day of each other (May 10 and 11, 2017, respectively), Emory University and Duke University must continue to defend claims challenging aspects of their Section 403(b) retirement plans in plaintiffs’ proposed class actions: Henderson v. Emory Univ., N.D. Ga., No. Read More

ALERT: Senate confirms Acosta as Secretary of Labor
April 27, 2017

Today the U.S. Senate approved Alexander Acosta as Secretary of the U.S. Department of Labor by a vote of 60-38.  Click here to read more background information on Acosta.  Acosta’s nomination was previously approved by the U.S. Senate Health, Education, Labor and Pensions Committee by a 12-11 party line vote in March. Read More