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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.

The Team

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Feb 23

Riverhead, NY
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SHRM Long Island Breakfast Series: Wage and Hour Series, Part I: Money Can’t Buy Happiness…But Avoiding A Wage and Hour Lawsuit Can!

February 23, 2017 - 8:00 AM to 10:00 AM EST
1830 Route 25 - Riverhead, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Mar 16

Melville, NY
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SHRM Long Island Breakfast Series: Wage and Hour Series, Part II: Let’s See What the DOL Has to Say About This

March 16, 2017 - 8:00 AM to 10:00 AM EST
1350 Old Walt Whitman Road - Melville, NY
Credits: HRCI - 1.5, SHRM - 1.5
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Mar 23

Riverhead, NY
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SHRM Long Island Breakfast Series: This Escalated Quickly: How to Protect Yourself If And When a Case Goes To Trial

March 23, 2017 - 8:00 AM to 10:00 AM EST
1830 Route 25 - Riverhead, NY
Credits: HRCI - 1.5, SHRM - 1.5
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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: CLE - Pending*, HRCI - Pending, SHRM - Pending
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California Legal Update Webinar Series

October 26, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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California Legal Update Webinar Series

October 13, 2016 - 1:30 PM to 2:30 PM PST
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
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February 9, 2017

What to Expect under Secretary of Education Betsy DeVos

February 9, 2017

After an unusually contentious Senate confirmation process, Betsy DeVos was confirmed as U.S. Secretary of Education on February 7, 2017. DeVos has a record of promoting charter schools and school vouchers at the K-12 level, but little is known about her priorities for higher education. Her prepared comments and responses during her... Read More

February 6, 2017

Indianapolis Office Newsletter – First Quarter 2017

February 6, 2017

U.S. Supreme Court Clarifies Limitation Period for Claims Relying on Constructive Discharge Under a constructive discharge theory, an employee’s limitation period to file a discrimination claim with the Equal Employment Opportunity Commission begins upon the constructive discharge, not before, the United States Supreme Court has... Read More

January 31, 2017

President Trump Nominates Neil Gorsuch to U.S. Supreme Court

January 31, 2017

Ending months of speculation, President Donald Trump has nominated the Honorable Neil McGill Gorsuch to succeed Justice Antonin Scalia on the U.S. Supreme Court. If confirmed by the Senate, Judge Gorsuch would bring more than 10 years of judicial experience to the position. Still, the Supreme Court is sui generis, different than any... Read More

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February 23, 2017
St. Louis Public Radio KWMU

Jessica Liss Discusses Harassment in the Workplace

February 23, 2017

Jessica Liss discusses what constitutes harassment of any sort, what employees should do in the case of harassment and what employers are responsible for on St. Louis on the Air. Subscription may be required to view article Read More

February 17, 2017
Wolters Kluwer Employment Law Daily

Jackson Lewis Attorneys Provide Commentary, Insight in Wolters Kluwer Briefing on Labor and Employment Law Developments for 2017

February 17, 2017

Commentary and insight from Jackson Lewis attorneys K. Joy Chin, Paul Patten, Richard I. Greenberg, Jeffrey W. Brecher, Joy M. Napier-Joyce, Howard M. Bloom and Philip B. Rosen are featured in Wolters Kluwer's "Federal agencies: What happened in 2016-will 2017 be different?", a briefing on labor and... Read More

February 16, 2017
Law 360

Philip Rosen Comments on President Trump’s Nomination of Alexander Acosta to Head the DOL

February 16, 2017

Philip Rosen comments on President Trump’s nomination of Alexander Acosta as labor secretary draws praise from management-side attorneys in "Smoother Road To Confirmation Seen For New DOL Chief Pick," published by Law360. Subscription may be required to view article Read More

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Age Discrimination Claims Valid When Both Candidates Over 40
February 22, 2017

In Irvin v. Read More

By Julia L. Arcese

Fifth Circuit Permits Emotional Distress Damages for FLSA Retaliation Claim
February 20, 2017

Employees asserting a claim for retaliation under the FLSA are entitled to seek emotional distress damages, according to a recent decision by the United States Court of Appeals for the Fifth Circuit. In Pineda v. Read More

Evidence That Younger Employees Violated Company Policy Without Consequences Results in Denial of Summary Judgment
February 17, 2017

In light of evidence that younger employees committed similar infractions as the plaintiff, and did not suffer significant disciplinary action, an Illinois federal district court denied an employer’s summary judgment motion. Read More