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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 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

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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.

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April 1, 2019

Retail Industry Workplace Law Update – Spring 2019

April 1, 2019

Class Action Trends Report The latest issue of our quarterly report on new developments in class action litigation focuses on independent contractors and covers the following topics: Is an “independent contract” enough? Independent contractors in California Potential strategies to protect your company and tips to defend... Read More

February 27, 2019

U.S. Supreme Court Holds Federal Rule of Civil Procedure 23(f) Is Not Subject to Equitable Tolling

February 27, 2019

In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019... Read More

February 26, 2019

Class Action Trends Report Winter 2019

February 26, 2019

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics: Are You My Employee? – Distinguishing independent contractors and employees Prevention Pointer – Is an “independent contract” enough?... Read More

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March 27, 2019
Wolters Kluwer Employment Law Daily

Stephanie Peet Discusses Labor and Employment Law Trends for 2019

March 27, 2019

Stephanie Peet discusses the latest trends among the DOL, EEOC, and the NLRB that are critical to the labor and employment law landscape in "Agency check-in: 2019 snapshot," published by Employment Law Daily.    Read More

February 13, 2019
Jackson Lewis

Jackson Lewis Strengthens Litigation Team in Orlando with Addition of Peter M. Wendzel

February 13, 2019

ORLANDO, FL (February 13, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Peter M. Wendzel has joined the firm’s Orlando office as a Principal. Mr. Wendzel joins the firm from Wyndham Destinations, where he served as in-house counsel for almost 15 years. “We are thrilled to welcome... Read More

February 1, 2019
Jackson Lewis

Nicky Jatana Named Among Most Influential Minority Attorneys in Los Angeles

February 1, 2019

LOS ANGELES, CA (February 1, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principal Nicky Jatana has been named one of the “Most Influential Minority Attorneys in Los Angeles” by the Los Angeles Business Journal. Ms. Jatana was selected based on her commitment to diversity and... Read More

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Illinois BIPA Defendants May Soon Be Getting Relief
March 28, 2019

Many businesses currently are defending a wave of class action lawsuits filed under the Illinois’ Biometric Information Privacy Act, popularly known as “BIPA” ).  The floodgates to litigation were opened earlier this year when the Illinois Supreme Court ruled that individuals need not allege actual injury or adverse effect, beyond a viola Read More

U.S. Supreme Court Allows Zappos Data Breach Litigation to Proceed
March 26, 2019

Yesterday, the U.S. Supreme Court rejected a petition for a writ of certiorari by Zappos requesting the Court to review a Ninth Circuit Court decision which allowed customers affected by a data breach to proceed with a lawsuit on grounds of vulnerability to fraud and identity theft. Read More

U.S. Supreme Court Holds Federal Rule of Civil Procedure 23(f) Is Not Subject to Equitable Tolling
February 27, 2019

In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019). Read More