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General Employment Litigation

Federal, state and local employment laws impose legal obligations and their attendant risks on every employer, creating the need for a well-informed management team with access to specialized workplace law resources and effective e-discovery strategies.

Overview

The majority of our attorneys devote their practice to defending management in employment-related lawsuits, the fastest growing area of civil litigation. Our employment litigators have developed the expertise to assess risk and evaluate settlement early in litigation.

Our ability to dispose of cases efficiently before trial through aggressive motion practice, and during trial to present cases in a manner persuasive to judges and juries, has earned us a reputation as a leader in the field of employment litigation on behalf of management. We are well-equipped to assist you with:

  • Litigating individual and class action employment cases in state and federal courts, including cases involving discrimination, harassment and retaliation allegations, defamation claims, whistleblower claims, employee privacy issues, qui tam actions, wage and hour violations and more;
  • Handling administrative charges before state and federal agencies;
  • Protecting employers' confidential and proprietary information, trade secrets and business relationships from misuse or interference;
  • Maintaining actions on behalf of employers arising from fraud, theft and other related misconduct; and
  • Conducting independent investigations of allegations of inappropriate employee behavior running the gamut of workplace issues including discrimination, harassment and improper business practices (such as issues arising under the Sarbanes-Oxley Act).

e-Discovery

Jackson Lewis has the expertise and personnel necessary to guide clients through all types of electronic discovery projects, including the most complex. At all times, we are focused on developing bottom-line driven best practices that serve the special discovery needs and burdens of employment litigation. We believe that effective planning, e-discovery budgeting and management are key components of the discovery process, and we work with clients to estimate and project costs and to develop proactive case strategies. Our goal is to satisfy all document retention and production obligations without imposing an undue burden on our clients.

We are a leader in the outsourcing of traditional internal e-discovery litigation support services. Our firm has developed a unique relationship with a large global vendor that leverages our size and economies of scale. As a result, we are able to provide clients with extremely competitive pricing and access to the latest software, data processing, hosting, security, forensics, production and project management services. Our innovative outsourcing program focuses on technology, cybersecurity and the protection of client data.

Our firm also invests in an extensive, ongoing training program for attorneys and paralegals in all offices with additional in-depth training for e-discovery attorney liaisons who supervise complex services for their respective offices and report to the firm’s National e-Discovery Counsel. Our e-discovery team has vast experience with best practices in all service areas, including the use of advanced technologies such as predictive coding to improve the quality of large scale document reviews and contain costs within proportionate limits.

In addition to assistance during the course of litigation, we help employers develop formalized litigation hold policies and procedures. Our plans take into account each client’s litigation history, organizational structure, data retention policies, IT structures, and overall technological capabilities and firm culture.

For more information, please download the e-Discovery brochure.

Key Representations

  • Secured summary judgment for Perdue Farms in a same-sex harassment and retaliation case resulting in the first written decision on the topic in the United States District Court of Delaware.
  • Applied contractual shortened statute of limitations to secure summary judgment in matter allowing class incentive pay allegations for financial institution.
  • Secured summary judgement for Fortune 100 Pharma Company in connection with allegations of race discrimination.
  • National employment litigation counsel for Advance Auto Parts. Cases have included defending all types of discrimination, harassment, retaliation, and alleged violations of various state and federal statutes, such as ADA, FMLA, FLSA, FCRA, USERRA, etc.  
  • Secured summary judgment for large regional financial institution in a Sarbanes-Oxley retaliation matter.
  • Obtained dismissal at the summary judgment stage of a RICO immigration class action against Perdue Farms management and human resources employees at 15 poultry facilities across the country alleging the knowing hiring of illegal immigrants to depress wages.   Successfully handled the matter through the denial of cert before the U.S. Supreme Court.
  • Secured summary judgment for Fortune 100 Pharma Company in connection with allegations of race and national origin discrimination.
  • Successfully defended an arbitration claim filed against Winthrop University by its former President, who alleged that her termination by the Board of Trustees was in breach of her contract and sought roughly $1 million in lost earnings.  On the eve of arbitration, Plaintiff agreed to dismiss all claims with prejudice and no money exchanged.
  • Secured summary judgment for national nonprofit hospital system in case alleging discrimination against members of Muslim faith.

The Team

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Dec 7

Las Vegas, NV
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Nevada Labor & Employment Law Symposium

December 7, 2017 - 8:00 AM to 4:00 PM PST
3960 S. Las Vegas Blvd - Las Vegas, NV
Credits: CLE - 6.5, HRCI - 6.5, SHRM - 6.5
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Dec 14

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Bolstering Your Preventive Practices to Meet the New Wave of Harassment Claims

December 14, 2017 - 2:00 PM to 3:00 PM EST
Credits: CLE - 1.0, HRCI - 1.0, SHRM - 1.0
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Archived

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What Employers Need to Know About Washington’s New Minimum Wage and Paid Leave Law

November 30, 2016 - 9:00 AM to 10:00 AM PST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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Archived

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California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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October 30, 2017

Chicago Adopts ‘Hands Off Pants On’ Law to Protect Hotel Workers from Sexual Harassment, Assault

October 30, 2017

To provide hospitality workers greater protections against sexual harassment and assault, the Chicago City Council passed the “Hands Off Pants On” Ordinance on October 11, 2017. The Ordinance requires all hotels in the City to adopt a panic button system and an anti-sexual harassment policy. The Ordinance was passed after months of... Read More

October 24, 2017

California Adds ‘Transgender,’ ‘Gender Nonconforming Individuals’ to Sexual Harassment Prevention Training for Supervisors

October 24, 2017

Employers subject to California’s mandatory sexual harassment training requirement for supervisors will need to ensure their programs include prevention of harassment based on gender identity, gender expression, and sexual orientation following an amendment (SB 396) to California’s Fair Employment and Housing Act (FEHA). On October 15... Read More

October 5, 2017

Department of Justice Releases Memorandum Restricting Transgender Worker Protection under Title VII

October 5, 2017

On October 4, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s position that gender identity is protected as part of Title VII of the Civil Rights Act’s prohibition against sex discrimination — taking a position that is contrary to current guidance from the Equal Employment Opportunity Commission. In a... Read More

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November 13, 2017
Jax Daily Record

Jennifer Shoaf Richardson Explains How Women Lawyers Can 'Be Heard'

November 13, 2017

Jennifer Shoaf Richardson explains how women lawyers can ensure lawmakers hear their ideas and where they stand on issues in "Lawyers get advice on how to ‘be heard,’" published by the Jax Daily Record.  Subscription may be required to view article Read More

November 13, 2017
Law 360

Vincent Cino is Highlighted as a Law Firm Leader Focused on Building a Collaborative Culture

November 13, 2017

Vincent Cino is highlighted as a law firm leader that focuses on the importance of building leadership and values to create a collaborative culture in "Why Law Firm Leaders Should Embrace The Limelight," published by Law360. Subscription may be required to view article Read More

November 10, 2017
Chicago Tribune

James Botana Explains Misconceptions about Sexual Harassment in the Workplace

November 10, 2017

James Botana explains how workers and employers can understand the misconceptions between sexual harassment and compliments in the workplace in "The difference between a compliment and sexual harassment in the workplace," published by the Chicago Tribune. Subscription may be required to view article Read More

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Congressional Bill: Joint Employer Liability May Become More Limited
November 17, 2017

The EPL industry rightfully has been concerned about the NLRB’s and courts’ expansion of liability from the seeming employer to those with relationships to that entity.  Franchisors increasingly were exposed to liability for franchisees’ alleged misconduct and contractors were being served with lawsuits alleging discrimination by subcontr Read More

$1 Jury Verdict Yields $300,000 in Attorneys Fees to Plaintiff’s Counsel
November 14, 2017

In a case alleging sexual harassment by a researcher against a research assistant, the trial court ordered more than $300,000 in attorneys’ fees after the jury awarded a mere $1 in damages to the plaintiff. Jenkins v. The University of Minnesota et al., No. 13-CV-1548 (D. Minn. Oct. 13, 2017). Read More

$6.8 Million Award for Theft of Company Trade Secrets
November 5, 2017

A dental technology company has obtained a $6.8 million judgment against a former employee accused of stealing the company’s designs. The federal district court in Central California entered the judgment after finding the defendant, Jian Lu, liable for stealing trade secrets. Sirona Dental Systems Inc., et al. v. Jian Lu, No. Read More