Wage And Hour E-Discovery: New Challenges and Solutions

Navigating the New E-Discovery Landscape After Zubulake

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

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Conducted on Wednesday, April 4, 2012

Recorded event now available

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Course Materials

This CLE course will provide guidance to employment counsel on cost-effective methods for identifying, preserving and producing electronic evidence in wage and hour lawsuits, focusing specifically on preservation and the use of predictive coding in the aftermath of Zubulake.


Wage and hour collective and class actions are discovery intensive, creating significant expense for employers. Electronic information germane to wage and hour disputes is substantially different from that relevant to other employment litigation—and is more difficult to find, preserve and produce.

Disputes over the parameters of e-discovery are common in wage and hour litigation. Counsel must successfully argue for discovery that is proportionate to the value of the case, limit discovery based on the inaccessibility of data, and implement cost-effective preservation strategies.

Several recent cases out of the Southern District of New York on preservation and the use of predictive coding, as well as the District's new Pilot Program for Complex Cases are instructive for counsel handling e-discovery matters in wage and hour litigation.

Listen as our authoritative panel with extensive e-discovery experience discusses common e-discovery challenges employers face in wage and hour collective and class action lawsuits and provides strategies for employment counsel for identifying, preserving and producing relevant information in a cost-effective manner.



  1. Identifying relevant information in wage and hour disputes
    1. Recent decisions on preservation and proportionality, including Pippins v. KPMG LLP, Dist. Court, SD New York 2012
    2. Electronic data likely to be requested
    3. Impact of limited record-keeping requirements of the FLSA
  2. Assembling an e-discovery response team
    1. Rule 26(f) planning conference in light of New York Pilot Program for Complex Cases
    2. Composition of response team
    3. Working team in action
  3. Cost-effective e-discovery approaches
    1. Predictive coding
    2. Sampling strategies
    3. Review strategies, including quick peek agreements


The panel will review these and other key questions:

  • What unique legal and practical issues make e-discovery in wage and hour litigation more challenging than in other forms of employment litigation?
  • What developments in e-discovery law can assist counsel in limiting the production of electronically stored information?
  • What time and cost-saving measures can employers and their counsel employ to properly preserve electronic information in wage and hour litigation?

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


Martucci, William
William C. Martucci

Partner; Chair, National Employment Litigation & Policy Practice Group
Shook Hardy & Bacon

Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action...  |  Read More

Danuta Bembenista Panich
Danuta Bembenista Panich

Ogletree Deakins

She is a fellow in the College of Labor and Employment Lawyers, a member of the firm’s Class and Collective...  |  Read More

David D. Rohde, JD, LL.M.
David D. Rohde, JD, LL.M.
Senior Director, Litigation and eDiscovery Solutions
Epiq Systems

He has more than 15 years of experience as a courtroom litigator and in legal technology project management, as well as...  |  Read More

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