Class Certification in Employment Litigation: Recent Case Developments

Pursuing or Defeating Certification in the Aftermath of Wal-Mart v. Dukes

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Tuesday, July 17, 2012

Recorded event now available

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Course Materials

This CLE course will provide employment counsel with a review of the new standards for class certification established by Wal-Mart Stores Inc. v. Dukes, examine how courts have applied the standards over the past year, and suggest steps to effectively pursue or defeat certification.


Last year's Wal-Mart Stores Inc. v. Dukes ruling significantly altered the standards for class certification in employment litigation. How courts have interpreted Dukes since the decision can also be instructive for employment counsel.

In light of the new standards, employment counsel should advise their clients on effective strategies for either pursuing or defeating class certification. Practitioners can also offer proactive guidance to employers on best practices to minimize exposure to class claims.

Listen as our authoritative panel of employment law attorneys discusses the new standards the Wal-Mart Stores Inc. v. Dukes case set for class certification and how the courts have applied those standards in recent employment class actions. The panel will also explain best practices for employers' counsel to minimize class action exposure.



  1. Recent case law developments
    1. Current status of Wal-Mart v. Dukes case
    2. Key cases citing or applying Wal-Mart v. Dukes
  2. Litigation trends post-Wal-Mart v. Dukes
    1. Increase in ADA filings regarding no-fault attendance policies
    2. New EEOC directives on criminal background checks
  3. Best practices for employers’ counsel to minimize class action exposure
    1. Creating and enforcing well-drafted EEO policies
    2. Training and advising executives regarding documents that may be considered evidence of EEO policies
    3. Self-audits and the use of statistics
    4. Other strategies including arbitration and class action waivers


The panel will review these and other key questions:

  • What are the new standards for class certification in employment suits established by Wal-Mart v. Dukes?
  • What are the key strategies that plaintiff and defense counsel can use to achieve or defeat certification in employment cases?
  • What are some best practices for employers' counsel to minimize class suit exposure?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Jason C. Schwartz
Jason C. Schwartz

Gibson Dunn & Crutcher

Mr. Schwartz's practice includes the full range of labor and employment matters, including those...  |  Read More

Jane M. McFetridge
Jane M. McFetridge

Managing Partner
Jackson Lewis

She handles employment litigation, including both state and federal claims, and individual and class action suits. Her...  |  Read More

Michael Westheimer
Michael Westheimer

Of Counsel
Baker & McKenzie

He handles individual and class action litigation in state and federal courts, administrative hearings, arbitrations,...  |  Read More

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