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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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June 24, 2019

Class Action Trends Report Spring 2019

June 24, 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: Who gets notice of a collective action – and why it matters Arbitration agreements Considerations regarding whether to adopt or continue... Read More

June 19, 2019

Time for a Checkup on Independent Workforce Arrangements

June 19, 2019

The legal rules applicable to the “gig” economy continue to evolve. In the past year, there have been significant legal developments and trends that create both new risks and new opportunities. Companies that use independent workforce arrangements need to keep up. This article highlights some of these legal developments and trends.... Read More

May 17, 2019

The EPL Insurance Advisor – May 2019

May 17, 2019

To assist underwriters and claims professionals in assessing emerging employment risks, we are pleased to provide the first issue of our newsletter. The EPL Insurance Advisor highlights topical issues in claims, defenses, and liability risk management developments. 2019 EPLI Trends Report – What Analysts and Underwriters Should... Read More

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June 4, 2019
Jackson Lewis

Jackson Lewis Attorneys Recognized as the Nation's Most Powerful

June 4, 2019

WHITE PLAINS, NY (June 4, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, congratulates Chairman Emeritus Vincent A. Cino, along with Principals Neil H. Dishman, Maurice G. Jenkins, René E. Thorne and Richard F. Vitarelli for their inclusion in Human Resource Executive magazine’s “Most Powerful... Read More

May 13, 2019
Law 360

William Anthony Discusses Jackson Lewis' Surging Practice Areas and Leaning on Big Data

May 13, 2019

William Anthony discusses trends behind the firm's recent growth and leaning on big data in "Surge in Demand for the Firm's Workplace Law Offerings and Big Data"Employment Firms Find Stability In Changing Workplace Law," published by Law360. Subscription may be required to view article Read More

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

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The Next Wave? Serial Discrimination Filings from Prior Class Claims
June 26, 2019

Notwithstanding the employers’ victory at the U.S. Supreme Court in Epic Systems Corp. v. Lewis, which made it clear that arbitration and class action waiver regimes do not violate the National Labor Relations Act, employers are now facing another obstacle: serial arbitration filings. Read More

Class Action Trends Report Spring 2019
June 24, 2019

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. Read More

Snooze and Lose: Defendants Need to Raise Plaintiffs’ Failure to File Charge Early in Litigation
June 4, 2019

The requirement under Title VII of the Civil Rights Act that a complainant file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) prior to filing suit in federal court is a prudential, claim-processing rule that does not determine whether a court has subject-matter jurisdiction over the dispute, the U.S. Read More

By Nadine C. Abrahams, John M. Nolan, Paul Patten and Collin O’Connor Udell