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Systemic Discrimination Pretrial Strategies: Guiding Principles for Discovery, Depositions, and Motion Practice

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, October 10, 2019

Recorded event now available

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This CLE course will address the rapidly expanding scope of claims related to the EEOC's systemic discrimination initiative. This session will be devoted to briefly defining the nature and scope of systemic discrimination claims and an in-depth analysis of pretrial issues: both legal issues as manifested in pleadings and motions, and discovery issues relating to deposition strategies and potential ESI/social media topics.


Pleading issues in systemic cases encompass the ability of the complaint to survive a motion to dismiss under the Twombly/Iqbal framework, the affirmative defenses to assert, and whether those defenses are subject to that standard, especially in light of Fort Bend v. Davis. Class certification will also be a subject of discussion, including class-specific discovery and statistical analysis.

Discovery and summary judgment, of course, go hand in hand. This seminar will address lines of inquiry to pursue in both document discovery and depositions that maximize the chances of summary judgment. The program will discuss e-discovery and social media in terms of managing production and what to seek from the opposition.

Because of the interrelation between facts developed in litigation and facts from pre-suit investigation, the webinar will discuss these investigations in the discoverability and privilege context. Further, counsel will learn pointers on the drafting of position statements.

Listen as this panel of seasoned employment trial lawyers provides guidance and education as to these pretrial subjects. The panel will also relate these litigation issues to compliance issues to minimize the likelihood of litigation.



  1. General background
  2. Pleadings and related issues
    1. Motions to dismiss: Translating Twombly and Iqbal to employment cases
    2. Affirmative defenses and the possibility of waiver
    3. Discovery
  3. Particular items in written and document discovery
    1. E-discovery: offense and defense
    2. Social media
  4. Depositions
    1. Named plaintiff, other plaintiffs
    2. 30(b)(6) issues
  5. Summary judgment
  6. Class certification
  7. Relation of litigation issues to investigation/position statement


The panel will review these and other essential matters:

  • The general background of systemic discrimination claims
  • Pleadings and related legal issues
  • Discovery
  • Summary judgment
  • Class issues


Kiely, Christy
Christy E. Kiely

Ms. Kiely's practice encompasses employment litigation, EEOC charges, #MeToo investigations, pay equity analyses,...  |  Read More

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

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