Offers of Judgment in Employment Litigation After Campbell-Ewald and Fulton Dental
Analyzing the Viability of Rule 68 or Rule 67 as a Strategic Tool for Employers to Moot Individual, Class and Collective Claims
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss the viability of Rule 67 or Rule 68 “pick-offs” as a strategic tool for employers’ counsel to moot individual, collective and class claims. The panel will discuss the continuing impact of the U.S. Supreme Court’s decision in Campbell-Ewald Co. v. Gomez, provide insights into the Seventh Circuit’s recent Fulton Dental LLC v. Bisco Inc. decision, and outline strategies for employers facing individual, collective and class actions.
- Rule 68 offers of judgment—overview
- Rule 67 deposits with a federal court—overview
- Campbell-Ewald Co. v. Gomez and mootness
- Implications of Fulton Dental LLC v. Bisco Inc.
- Strategic considerations with Rule 68 offers
- Drafting the Rule 68 offer of judgment—best practices
- Adapting Rule 68 in arbitration
The panel will review these and other key issues:
- How has the Supreme Court’s Campbell-Ewald ruling affected offers of judgment in wage and hour collective actions?
- What is the anticipated impact of the Seventh Circuit’s recent Fulton Dental decision?
- What strategic advantages does a Rule 68 offer of judgment present for employment counsel defending discrimination or wage and hour litigation?
- What are some strategic considerations for employment litigators evaluating whether and when to make a Rule 68 settlement offer?
- What are the best practices for drafting effective offers of judgment?
Stephen E. Fox
Mr. Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor to and litigation... | Read More
Mr. Fox has spent more than 25 years in boardrooms and courtrooms acting as a trusted advisor to and litigation advocate for clients—from Fortune 500 corporations to entrepreneurs—in complicated and often high-profile business and employment disputes. His ability to synthesize complex facts and arguments into understandable and memorable pieces of information makes him a compelling courtroom advocate, as well as a frequent resource to print, broadcast and radio media.Close
Gibson Dunn & Crutcher
Ms. Levin's practice focuses on representing corporate clients in securities, employment, and general litigation... | Read More
Ms. Levin's practice focuses on representing corporate clients in securities, employment, and general litigation matters. She specializes in securities class actions, shareholder derivative litigation, SOX and Dodd-Frank whistleblower litigation, and employment litigation. Ms. Levin also has significant experience representing media, technology and entertainment companies in a wide array of matters, including government investigations, IP litigation, and privacy and defamation cases.Close
Mediator and Arbitrator
Abigail Pessen Dispute Resolution Services
Ms. Pessen started her dispute resolution firm in 2000, after years in the trenches as a litigator. She... | Read More
Ms. Pessen started her dispute resolution firm in 2000, after years in the trenches as a litigator. She mediates business and employment disputes and serves on the American Arbitration Association's Master Mediation Panel for complex commercial mediations and is also an arbitrator for the American Arbitration Association's Large, Complex Case, Commercial and Employment Panels. Ms. Pessen is the immediate past Chair of the New York State Bar Dispute Resolution Section.Close