Developing Effective Discovery and Settlement Strategies for Wage and Hour Class and Collective Actions
Gerald "Jerry" Maatman, Jr. is a Chambers recognized workplace class action defense litigator, a six-time Law360 Employment Law MVP, nine-time recipient of BTI Consulting Group's distinguished Client Service All-Star, and a 2021 Legal 500 Hall of Fame inductee.
Jennifer A. Riley is a partner in the Chicago office of Duane Morris LLP and vice-chair of the firm’s Workplace Class Action Group.
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Program Summary
Navigating the defense of wage & hour class and collective actions has grown increasingly complex. The law surrounding court approval of FLSA settlements is constantly developing. Discovery requests are often burdensome, seeking information concerning a broad swath of workers. This causes the discovery process to sometimes linger for years and creates a significant expense for employers. Our panel will discuss these changes and associated strategy considerations that both novice and seasoned employment counsel may wish to consider.
Counsel must be adept at proactively planning for these and other key issues: whether a settlement is appropriate, when to begin settlement discussions, how to best structure a settlement to meet clients' best interests, and how to overcome judicial resistance to approving a settlement. Employment litigators must also develop and implement effective discovery strategies both before and after certification of the putative class. These discovery strategies often must anticipate the possibility of a future summary judgment motion, further certification practice, and trial on the merits.
In this 90-minute webinar, our panel of class action defense attorneys explains effective strategies for pursuing or objecting to discovery requests and resolving discovery disputes that arise during litigation, as well as best practices for weighing a settlement decision, calculating damages, and ensuring court approval of the settlement award.
Key topics to be discussed:
- Effective Discovery Strategies in Wage & Hour Class and Collective Actions
- Effective Settlement Strategies in Wage & Hour Class and Collective Actions
Date / Time: October 18, 2023
Closed-captioning available
Speakers
Gerald L. Maatman, Jr. | Duane Morris LLP
Gerald “Jerry” Maatman, Jr. is a Chambers-recognized workplace class action defense litigator, a six-time Law360 Employment Law MVP, nine-time recipient of BTI Consulting Group’s distinguished Client Service All-Star, and a 2021 Legal 500 Hall of Fame inductee. Mr. Maatman is a Partner at Duane Morris LLP, where he chairs the firm’s Workplace Class Action Group. He has written and lectured widely on all aspects of labor and employment law. Among his various cases, Mr. Maatman successfully defended the largest EEOC pattern or practice lawsuit ever prosecuted in the history of the Commission, the largest age discrimination collective action ever brought in Illinois, and the first sexual harassment class action brought by a State Attorney General in the United States. A graduate of Washington & Lee University and the Northwestern University School of Law, where is he adjunct professor, Jerry is based out of Duane Morris’ Chicago and New York offices.
Jennifer A. Riley | Duane Morris LLP
Jennifer A. Riley is a partner in the Chicago office of Duane Morris LLP and vice-chair of the firm’s Workplace Class Action Group. As a member of the firm’s Employment, Benefits, Labor, & Immigration Practice Group, she practices in the employment-related litigation area, with a particular emphasis on complex collective and class action proceedings. Ms. Riley has represented clients in a wide range of complex civil litigation matters in federal and state courts across the country. Her extensive litigation experience includes serving as trial counsel in federal court bench and jury trials, as well as in arbitration proceedings.
Agenda
I. Effective Discovery Strategies in Wage & Hour Class and Collective Actions | 10:30am – 11:00am
- Pursuing or Objecting to Discovery Requests
- Discovery Considerations for Summary Judgment and Trial
- Resolving Discovery Disputes
II. Effective Settlement Strategies in Wage & Hour Class and Collective Actions | 11:00am – 11:30am
- Evaluating When to Consider Settlement
Break | 11:30am – 11:40am
III. Effective Settlement Strategies in Wage & Hour Class and Collective Actions, part II | 11:40am – 12:10pm
- Assessing Risk of Exposure and Calculating Potential Damages
- Obtaining Enforceable Settlement Agreements
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