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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.

See AllPublications

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August 13, 2018

Class Action Trends Report Summer 2018

August 13, 2018

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: Disparate impact — discrimination by the numbers Is the FCRA class the new FLSA wage and hour class? Other class action developments... Read More

June 29, 2018

Gig-Economy Delivery Couriers are Not Employees, New York Court Rules, Reverses Unemployment Board

June 29, 2018

A delivery courier fired by app-based food delivery service Postmates Inc. is an independent contractor, not an employee entitled to unemployment insurance benefits, the Appellate Division, Third Judicial Department, of the New York Supreme Court, has ruled. Matter of the Claim of Luis A. Vega, No. 525233 (June 21, 2018). The case is one... Read More

June 28, 2018

U.S. Supreme Court Roundup – 2017-2018

June 28, 2018

The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and the Fair Labor Standard Act’s “automobile dealer” overtime exemption. The Court also examined who is a “... Read More

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August 8, 2018
The National Law Journal

Corey Franklin Comments on Implications of Missouri Voters Rejecting Right-to-Work Law

August 8, 2018

Corey Franklin comments on implications of Missouri voters blocking the state's Right-to-Work law and its impact on the collection of fees from private-sector workers in "What Labor, Management Lawyers Say About Missouri’s Right-to-Work Defeat," published by The National Law Journal.  Subscription may be required to... Read More

July 18, 2018
Business Insurance

Gregg Clifton Discusses Class Action Status for NHL Concussion Lawsuit

July 18, 2018

Gregg Clifton discusses the recently denied class action status to a group of more than 100 individual players who accuse the NHL of not making them aware of the dangers of head injuries while promoting a culture of violence in "NHL concussion ruling likely means splintering of cases across jurisdictions," published by Business Insurance... Read More

July 13, 2018
Jackson Lewis

Lori D. Bauer Named Office Managing Principal of Jackson Lewis’ New York City Office

July 13, 2018

NEW YORK, NY (July 13, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Lori D. Bauer has been appointed Managing Principal of the New York City office. Ms. Bauer succeeds Kevin G. Lauri, who stepped down to focus on his upcoming tenure as Co-Chair of the firm alongside... Read More

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See AllBlogs

Federal Judge Finds J.B. Hunt Compensation System Too Varied To Sustain Class Certification
August 17, 2018

J.B. Read More

Jackson Lewis Class Action Trends Report Summer 2018
August 13, 2018

Below is a link to the latest issue of the Jackson Lewis Class Action Trends Report.  This report is published on a quarterly basis by our firm’s class action practice group in conjunction with Wolters Kluwer.  We hope you will find this issue to be informative and insightful.  Using our considerable experience in defending hundreds of... Read More

Rule 23 Amendments Awaiting Congressional Review
July 16, 2018

The final amendments to the Federal Civil Rules of Procedure, including amendments to Rule 23 class actions, are waiting for approval from Congress. The primary changes to Rule 23 affect the class action notice and settlement processes. Read More

By Joanna M. Rodriguez and Marla Presley