Summary Judgment Motions in Wage and Hour Class and Collective Actions: Pre- and Post-Certification Strategies

Leveraging Summary Judgment Motions to Dispose of or Limit Claims, Improve Settlement Posture, Eliminate Class Members, and More

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


Conducted on Wednesday, March 1, 2017
Recorded event now available


This CLE webinar will provide guidance to employment defense litigators on strategically pursuing summary judgment motions in wage and hour class and collective actions. The panel will discuss considerations and best practices for drafting and leveraging summary judgment motions both pre- and post-certification to dispose of or limit claims, eliminate putative class members, improve settlement posture, and more.

Description

Because wage and hour class and collective actions have the potential for costly discovery and exorbitant defense costs, defense counsel often pursue summary judgment motions as a strategy to defeat or limit claims early on, dismiss putative class members, or influence a potential settlement award.

Employment litigators must be strategic about the timing of summary judgment motions—before or after certification—and their interplay with decertification motions. Counsel must also approach the drafting of summary judgment motions strategically.

Listen as our authoritative panel of employment litigators examines how employment defense counsel strategically use summary judgment motions in wage and hour class and collective actions. The panel will discuss factors to consider when weighing whether to file summary judgment motions pre- or post-certification.

Outline

  1. Summary judgment motions pre-certification
    1. Purpose/goal
    2. Strategic considerations
  2. Summary judgment motions post-certification
    1. Purpose/goal
    2. Strategic considerations

Benefits

The panel will review these and other key issues:

  • What are the benefits of making summary judgment motions pre-certification?
  • Under what circumstances should post-certification summary judgment motions be made?
  • What are some best practices for drafting summary judgment motions in wage and hour class and collective actions?

Faculty

Jeff Barnes, Partner
Fisher & Phillips, Houston

Mr. Barnes represents employers before state and federal courts and administrative agencies in a variety of employment law matters. He has substantial experience representing employers, both as plaintiff and defendant, in litigation involving breach of non-compete agreements, theft of trade secrets, and unfair competition. He also works with clients to draft non-compete, non-solicitation, and confidentiality agreements, and regularly advises his clients regarding non-compete and trade secret issues. He also focuses his practice on FLSA collective actions. 

Jesse A. Cripps, Partner
Gibson Dunn & Crutcher, Los Angeles

Mr. Cripps handles the full range of labor and employment matters under federal and state law, specializing in the defense of high-risk, complex and class action litigation. He has a wide-range of courtroom experience, including several months of experience in various state and federal jury trials. He speaks regularly on employment issues.

Todd L. Nunn, Partner
K&L Gates, Seattle

Mr. Nunn's practice emphasizes employment law, class action defense and electronic discovery. He has defended class actions on behalf of corporate and governmental clients, including wage and hour class actions and collective actions; nationwide and statewide breach of contract and consumer protection class actions; as well as government regulation, products liability, environmental, and securities class actions. He is the Co-Editor and Author of State Class Actions: Practice and Procedure, a 51 chapter loose leaf treatise that provides a comprehensive treatment of state class action laws for all 50 states and the District of Columbia. He co-authored several chapters of this treatise, including the Washington State chapter.


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Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Nancy Morrison O'Connor

Partner

Bracewell & Giuliani

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

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