Search form

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

See All
Showing 1-8 of 185
Advanced Filtering
All A-Z
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
See All
Showing 1-8 of 185

See All Webinars

Archived

Watch Now

Should We Catch the Wave? Practical Considerations After the U.S. Supreme Court's Decision Upholding Class Action Waivers

May 24, 2018 - 3:00 PM to 4:00 PM EST
Watch Now

Archived

Class Actions and Complex Litigation Webinar Series

March 14, 2017 - 2:00 PM to 3:00 PM EST

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

Archived

Class Actions and Complex Litigation Webinar Series

February 14, 2017 - 2:00 PM to 3:00 PM EST

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

See AllPublications

Advanced Filtering
Showing 1-3 of 44
Newest
Most Read
June 11, 2018

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules

June 11, 2018

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth Bader Ginsburg. China Agritech, Inc. v. Resh, No. 17-432 (June 11, 2018). Justice Sonia Sotomayor filed an opinion... Read More

May 21, 2018

Supreme Court: Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law

May 21, 2018

Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v.... Read More

May 21, 2018

Supreme Court Rules Class Action Waivers in Employment Arbitration Agreements Valid

May 21, 2018

Class action waivers in employment arbitration agreements do not violate federal law, the U.S. Supreme Court has ruled in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Murphy Oil USA, Inc., et al.,... Read More

Showing 1-3 of 44

See AllIn the News

Showing 1-3 of 53
Newest
Most Read
June 1, 2018
SHRM

Samia Kirmani Discusses the Use of Arbitration for Claims of Sexual Harassment

June 1, 2018

Samia Kirmani discusses the recent Supreme Court ruling on class-action waivers in arbitration agreements and its impact on claims of sexual harassment in "Don’t Make Harassment Claims Subject to Arbitration," published by SHRM. Subscription may be required to view article Read More

May 24, 2018
Bloomberg BNA

Michelle Phillips Comments on the US Supreme Court's Arbitration Ruling and Its Impact on the #MeToo and #TimesUp Movements

May 24, 2018

Michelle Phillips comments on implications of the U.S. Supreme Court's ruling in Epic Systems Corp. v. Lewis stating employers can force workers to use individual arbitration instead of class-action lawsuits to press legal claims in "Time Isn’t Up on #TimesUp After Supreme Court Class Action Ruling," published by Bloomberg BNA.... Read More

May 23, 2018
90.3 WCPN Radio

Patrick Peters Discusses the U.S. Supreme Court's Recent Arbitration Ruling

May 23, 2018

Patrick Peters discusses the US Supreme Court's ruling on workplace arbitration contracts and its impact on class action lawsuits in "Supreme Court & Workers Rights; Mental Illness Comedy & Start-Up Kid," published by 90.3 WPCN Radio. Subscription may be required to view article Read More

Showing 1-3 of 53

See AllBlogs

Class Action Stacking Is Not Permitted, U.S. Supreme Court Rules
June 11, 2018

Once class action certification has been denied, a putative class member may not start a new class action beyond the applicable statute of limitations, the U.S. Supreme Court has ruled, 9-0, in an opinion by Justice Ruth Bader Ginsburg. China Agritech, Inc. v. Resh, No. 17-432 (June 11, 2018). Read More

By Stephanie L. Adler-Paindiris, David R. Golder, Eric Magnus and Collin O'Connor Udell

Is Silence Golden? Supreme Court to Rule on Silent Class Arbitration Waivers
May 30, 2018

The United States Supreme Court is taking another bite at the arbitration waiver apple.  In addition to its landmark decision in Epic Systems Corp. v. Read More

By Michael Kozimor

Supreme Court: Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law
May 21, 2018

Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP et al. v. Morris et al., No. 16-300; National Labor Relations Board v. Read More