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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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October 8, 2018

Supreme Court Hears Case on Enforceability of Arbitration Agreements for Transportation Workers

October 8, 2018

On October 3, 2018, the U.S. Supreme Court heard oral argument in New Prime Inc. v. Oliveira, No. 17-340. While the case turns on what may appear to be a simple question of statutory interpretation, the outcome could have profound consequences for employers throughout the transportation industry, for hundreds of thousands of independent... Read More

September 26, 2018

Retail Industry Workplace Law Update – Fall 2018

September 26, 2018

Supreme Court Preview: 2018-2019 Term The U.S. Supreme Court’s docket for its 2018-2019 Term is full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things. Read full article … New Model Background Check Summary of Rights Released... Read More

September 24, 2018

Supreme Court Preview: 2018-2019 Term

September 24, 2018

The U.S. Supreme Court will begin its 2018-2019 Term with a docket full of cases significant to employers and businesses. Cases to watch involve questions on employment discrimination and class arbitration, among other things. Age Discrimination in Employment Act On the first day of the term, October 1, 2018, the Court will hear... Read More

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September 26, 2018
Jackson Lewis

Guillermo A. Escobedo Appointed Vice President of San Diego La Raza Lawyers Association

September 26, 2018

SAN DIEGO, CA (September 26, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, congratulates Principal Guillermo A. Escobedo, who was appointed Vice President of the San Diego La Raza Lawyers Association (SDLRLA). During his one-year term, Mr. Escobedo plans to lead the objectives of SDLRLA, which includes... Read More

August 26, 2018
Omaha World-Herald

Joseph Lynett Comments on Implications of Omaha Businesses Named in Lawsuits Alleging Discrimination Against People with Disabilities

August 26, 2018

Joseph Lynett comments on implications of various Omaha businesses facing federal lawsuits alleging discrimination under the Americans with Disabilities Act in "Omahans file lawsuits against 87 businesses citing discrimination of people with disabilities," published by the Omaha World-Herald. Subscription may be required to... Read More

August 24, 2018
Law 360

Jeffrey Brecher Discusses Methods for Navigating Collective Action Certification in FLSA Suits

August 24, 2018

Jeffrey Brecher discusses strategies for businesses fighting certification in Fair Labor Standards Act cases in "How To Defeat Collective Action Certification In FLSA Suits," published by Law360. Subscription may be required to view article Read More

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See AllBlogs

Eleventh Circuit: Court Will Decide Parties’ Intentions in ‘Unclear’ Arbitration Agreements
September 27, 2018

In a matter of first impression before the Eleventh Circuit Court of Appeals, and an issue left open by the U.S. Read More

CAFA Amount In Controversy Is Not Limited To Damages Incurred Prior To Removal And Includes Future Attorneys’ Fees Recoverable By Statute Or Contract
September 20, 2018

In Fritsch v. Swift Transp. Co. of Ariz., LLC, No. 18-55746 (Aug. Read More

Settling Plaintiff May Still Have Standing And Adequacy To Pursue Class Action and PAGA Claims
September 18, 2018

A California federal judge recently certified a class of at least 843 Cinemark workers who allege Cinemark, a movie theater chain, failed to properly list overtime rates on employee wage statements, notwithstanding the fact that the purported class representative, Silken Brown, had settled her individual claim during the pending litigatio Read More