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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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Feb 22

Raleigh, NC
Register Now

7th Annual Raleigh Workplace Law Symposium

February 22, 2018 - 7:30 AM to 2:00 PM EST
9401 Glenwood Ave. - Raleigh, NC
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
Register Now

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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.

Archived

Class Actions and Complex Litigation Webinar Series

January 10, 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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January 22, 2018

Class Action Trends Report Winter 2018

January 22, 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: Minimum wage: Tip traps The legislation Regulatory roundup Prevention pointer Meanwhile, in the states … Jackson Lewis advocates... Read More

November 2, 2017

Class Action Trends Report Fall 2017

November 2, 2017

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: Minimum wage traps Prevention pointer The legislation (Not) Only in California Regulatory roundup Class action trends—the top ten... Read More

October 3, 2017

Supreme Court Hears Argument on Validity of Class Action Waivers in Employment Arbitration Agreements

October 3, 2017

The United States Supreme Court heard a one-hour consolidated oral argument in three arbitration cases involving the intersection of the National Labor Relations Act and the Federal Arbitration Act on October 2, 2017. Epic Systems Corp. v. Lewis, No. 16-285; National Labor Relations Board v. Murphy Oil USA, No. 16-307; Ernst & Young... Read More

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January 29, 2018
Legal Newsline

Sean Shahabi Comments on a Recent Ruling Regarding California's Private Attorneys General Act

January 29, 2018

Sean Shahabi comments on a recent ruling involving the California Private Attorneys General Act and the growing trend of PAGA-only lawsuits in "Attorney: California's PAGA rulings on standing causing 'uncertainty' for businesses," published by Legal Newsline. Subscription may be required to view article Read More

January 22, 2018
Law 360

Fraser McAlpine and Theresa Mak Discuss Theresa Joining Jackson Lewis in San Francisco

January 22, 2018

Fraser McAlpine and Theresa Mak discuss Theresa joining the firm in San Francisco from Morgan Lewis & Bockius LLP in "Jackson Lewis Fortifies SF Presence With Morgan Lewis Hire," published by Law360. Subscription may be required to view article Read More

January 10, 2018
Jackson Lewis

Jackson Lewis Bolsters San Francisco Presence with Addition of Litigator Theresa Mak

January 10, 2018

SAN FRANCISCO, CA (January 10, 2017) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce esteemed employment attorney Theresa Mak has joined the firm’s San Francisco office as a Principal. Ms. Mak, who has more than 15 years of experience litigating a broad range of employment law matters,... Read More

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See AllBlogs

Court Finds Individualized Issues Predominate and Grants Company’s Motion to Decertify Branch Administrators’ Class
February 20, 2018

The United States District Court for the Southern District of Indiana recently decided a case highlighting the importance of clear employer policies when it comes to wage payment issues. In Smith v. Professional Transportation Inc. et al., 13-cv-00221 (N.D. Ind. Read More

Sexual Harassment Class Investigations on the Rise with EEOC
January 29, 2018

Since September, stories of sexual harassment have dominated the headlines. In what USA Today dubbed the “Weinstein Effect,” workplaces of all types and size have been seeing employees step forward to take part in the #MeToo movement by shining light on abuses of power by companies’ leadership. Read More

“Ticket-gate”- Revisiting the Intersection of Professional Football and Class Actions
January 24, 2018

First, Deflategate. Now, “Ticket-gate?”  Stirring in the United States District Court, Northern District of Ohio, a putative class action takes aim at an unsafe football field, a cancelled preseason game, and over a million dollars in alleged consumer class damages.  The case is Herrick v. National Football League, et al. (N.D. Read More