A quick tip to employers facing class actions brought by the Equal Employment Opportunity Commission (EEOC)—don’t forget about the EEOC’s statutory duty to investigate the claim before filing suit. Before the EEOC may file a lawsuit, an employee must have made a timely charge of discrimination of which the EEOC timely notified the employer and… Continue Reading
Tag Archives: discovery
Upcoming Teleconference on E-Discovery in Class Actions
Posted in Motions PracticeOn May 2, at noon EST, my colleagues Anthony Diana (the co-chair of the firm’s E-Discovery and Records Management practice) and Therese Craparo (a counsel in that practice) and I will be presenting the first in a series of four teleconferences on e-discovery. This teleconference will focus on the unique challenges that class actions pose… Continue Reading
Nip A Class Action In The Bud By Moving To Strike the Class Allegations
Posted in Class Certification, Motions PracticeOne of the reasons that companies hate class actions is that, win or lose, the defense costs are often enormous. Usually, it’s discovery that leads to eye-popping numbers on the bills—whether from law firms themselves, contract attorneys, or e-discovery vendors. But defendants have an often overlooked tool for attempting to avoid costs related to discovery—the… Continue Reading
How Can Class Action Defendants Control E-Discovery Costs?
Posted in Class Action Trends, Motions PracticeMy colleague Anthony Diana publishes monthly tips for businesses seeking to navigate the shoals of modern document-preservation and e-discovery practice. Readers of the blog might be particular interested in the column on strategies for businesses that have been targeted by class actions. Past tips that might be of particular interest to class-action defendants include: Reducing… Continue Reading
Federal Court Grants Motion to Strike Class Allegations in TCPA Case
Posted in Ascertainability, Class Certification, Motions PracticeWe’re big fans of filing an early motion to strike class allegations when it’s apparent from the pleadings that the class definition is fatally flawed. Why should a defendant be forced to submit to the wringer of class discovery before taking a swing at defeating class certification? A recent case involving Office Depot illustrates the… Continue Reading
How Much Discovery From Opt-Ins in FLSA Collective Actions Should Businesses Seek?
Posted in Class Certification, Employment, Motions PracticeA recent federal court decision has addressed the knotty issue of a defendant’s right to discovery in an FLSA collective action from the individuals who opt into the class after it is conditionally certified but before the court decides whether to grant final certification. The case, Scott v. Bimbo Bakeries, USA, Inc. (pdf), No. 10-3154 (E.D…. Continue Reading