Defeating Employment Class Certification After Wal-Mart v. Dukes
Leveraging the Decision to Defeat Certification and Minimize Class Action Exposure
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide a briefing for counsel on the key certification issues addressed in the Wal-Mart v. Dukes decision, explain the new standards for class certification, and recommend steps for employment counsel to defeat certification and minimize class action exposure.
Outline
- Wal-Mart Stores Inc. v. Dukes: Litigation History
- Class certification requirements under Federal Rules of Civil Procedure
- District Court and 9th Circuit’s rulings and rationale
- U.S. Supreme Court's ruling and rationale
- New standards for establishing class certification
- Commonality standard under Federal Rules of Civil Procedure 23(a)
- “Significant Proof” standard to establish policy of discrimination
- Consideration of merits, including the application of Daubert, at certification
- Impact of decision on future class action employment litigation
- Strategies for defeating certification and minimizing class action exposure
- Interplay of managers’ discretion and objective criteria regarding pay and promotion
- Creating and distributing well-drafted EEO policies
- Training and advising executives regarding documents that may be considered evidence of EEO policies
- Self-audits and the use of statistics
- Other strategies including arbitration and class action waivers
Benefits
The panel will review these and other key questions:
- What are the new standards for class certification following Wal-Mart v. Dukes?
- What are the key strategies counsel can utilize to defeat certification and minimize class action exposure?
- What is the anticipated impact of the Wal-Mart v. Dukes decision on future class action employment litigation?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Michael Westheimer
Of Counsel
Baker & McKenzie
He handles individual and class action litigation in state and federal courts, administrative hearings, arbitrations,... | Read More
He handles individual and class action litigation in state and federal courts, administrative hearings, arbitrations, mediations, charges filed with government agencies, internal investigations and employee training. He has successfully resolved thousands of workplace disputes and advised numerous employers on devising policies and practices that comply with federal, state and local laws.
CloseJason C. Schwartz
Partner
Gibson Dunn & Crutcher
Mr. Schwartz's practice includes the full range of labor and employment matters, including those... | Read More
Mr. Schwartz's practice includes the full range of labor and employment matters, including those involving wage-hour and discrimination laws, non-competition agreements and trade secrets, Sarbanes-Oxley and other whistleblower protection laws, the Employee Retirement Income Security Act (ERISA), and the Occupational Safety and Health Act (OSHA).
CloseJane 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
She handles employment litigation, including both state and federal claims, and individual and class action suits. Her class action, collective action, and multi-plaintiff experience includes suits by private parties and by the EEOC. She has handled cases involving claims of race, age, disability, and sex discrimination, as well as sexual harassment, retaliatory discharge and wage and hour issues.
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