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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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May 31

Albuquerque, NM
Register Now

2018 New Mexico Labor & Employment Law Conference

May 31, 2018 - 8:30 AM to 6:00 PM
30 Rainbow Road NE - Albuquerque, NM
Credits: CLE - 3.5 (pending), HRCI - 3.5 (pending), SHRM - 3.5 (pending)
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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.

See AllPublications

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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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April 18, 2018
Jackson Lewis

Theresa M. Marchlewski and Leonora M. Schloss Honored as “Most Influential Women Attorneys" by Los Angeles Business Journal

April 18, 2018

LOS ANGELES, CA (April 18, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principals Theresa M. Marchlewski and Leonora M. Schloss have been recognized as two of Los Angeles’ “Most Influential Women Attorneys” by the Los Angeles Business Journal. The list honors 75 of the most... Read More

April 2, 2018
Law 360

Jeffrey Brecher Comments on the Supreme Court Denying Overtime Pay to Service Advisors at Auto Shops

April 2, 2018

Jeffrey Brecher comments on the recent Supreme Court ruling that car dealerships' service advisers, like car salesmen and mechanics, are exempt under federal law from overtime pay requirements in "High Court Endorses Broader View Of FLSA Exemptions," published by Law360.  Subscription may be required to view article Read More

March 21, 2018
Jackson Lewis

Jackson Lewis and Attorneys Recognized by JD Supra's 2018 Readers' Choice Awards

March 21, 2018

WHITE PLAINS, NY (March 21, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce JD Supra has recognized the firm and three of its attorneys in the 2018 Readers’ Choice Awards. The Readers’ Choice Awards recognizes top authors and firms that produced content read by C-suite executives, in-... Read More

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See AllBlogs

Defining Who Is Part of the FLSA Collective Action Party
April 19, 2018

It is a party that most employers don’t believe is a lot of fun: a FLSA collective action party.  In a case of first impression, the Eleventh Circuit addressed the question of whether an opt-in plaintiff is required to do anything beyond filing a written consent to become a party plaintiff in a collective action...… Read More

Class Certification Granted in Goldman Sachs Gender Discrimination Litigation
April 6, 2018

In a 49-page opinion issued last week, Judge Analisa Torres of the United States District Court for the Southern District of New York granted class certification to a group of women alleging that Goldman Sachs systemically and pervasively discriminated against female professional employees in violation of Title VII and the New York City H Read More

Supreme Court Hears Argument on Application of American Pipe Tolling Decision to Subsequent Class Actions
March 28, 2018

As discussed on our blog late last year, the U.S. Supreme Court granted certiorari to China Agritech, Inc., a fertilizer manufacturer, from the Ninth Circuit’s decision in Resh v. China Agritech, Inc., 857 F.3d 994 (9th Cir. 2017). (See our earlier post here). Read More