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Employment

Comprehensive Employment Class Action Experience

  • Our experience spans federal and state courts nationwide.
  • Our employment class action clients are in a full range of business sectors, including large corporations involved in telecommunications, transportation, professional services, and large retailers.
  • Clients work closely with our trial and appellate lawyers whose skills have earned recognition from Chambers USA, The Best Lawyers in America, Georgia SuperLawyers, Benchmark Litigation, the College of Labor and Employment Lawyers, American College of Civil Trial Mediators, and other leading professional authorities.
  • Our lawyers regularly speak at national seminars on issues involving employment class actions and mediation matters, and have published numerous articles and papers.
  • Decision-makers at companies we advise appreciate our direct approach that emphasizes service, trust, reliability, value, judgment, and unwavering dedication to their needs.
  • Our most recent employment class action work has involved wage and hour disputes under the Fair Labor Standards Act (FLSA) and various state wage and hour laws, as well as state and federal discrimination claims, including claims under the Age Discrimination in Employment Act (ADEA) and the Family and Medical Leave Act (FMLA).
Whether the case involves wage and hour laws, employment discrimination statutes, or less conventional theories like breach of contract claims, Rogers & Hardin has on-point experience to help guide employers through class or collective litigation. Our lawyers mount a vigorous defense and have been successful in obtaining the denial of class certification and other limitations and narrowing of plaintiffs’ claims. The goal, as in all litigation, is a resolution that quickly and economically resolves claims and furthers our clients’ business goals.

Direct, Effective, and Efficient Handling of Employment Class Action

We take the direct approach to resolving employment class actions. By combining our substantial and diverse legal experience with our special internal e-discovery, data management, and data analysis resources, our goal is to provide the best defense in the most efficient manner. We staff our cases leanly and wisely by analyzing at the outset the skill sets that will be needed to efficiently and effectively resolve the litigation. We use small, partner-led teams of lawyers who focus on client goals, take the straightest path to a solution, and uncover value every step of the way. Each client works with a partner who can handle both the trial and the appeal.

Rogers & Hardin’s Technology Advantage

Our team is especially effective and efficient in conducting and managing electronic discovery, producing and reviewing electronic evidence, and using electronic evidence effectively. We combine technical sophistication and litigation skill to handle in-house the entire process of gathering, analyzing, and exploiting electronic files and data. Even in the millions of electronic documents that can be involved in class action litigation, we directly and efficiently identify a client’s strongest position and marshal the information from e-mails, databases, and other electronic sources needed to support that position. It’s an approach that includes:

  • An experienced, internal information technology department with cutting-edge capabilities.
  • The skill to handle file management and data production internally, resulting in substantial time and cost savings, as well as a wealth of experience with in-house and vendor electronic discovery experts, when the client’s preference is to handle these tasks externally.
  • Exceptional strength at statistical analysis, which is often central to the defense of class action litigation over claims of discrimination or wrongful termination.
  • Unique capabilities to handle relational databases that contain employee time and payroll information, which is often critical in wage and hour collective or class actions.

A GROUND-BREAKING CLASS ACTION DEFENSE

Client: A $35 billion company

Issue: Defense against a class claim of purported age discrimination following a substantial reduction in force.

Challenges: The case was large and the stakes were high – the lawsuit was initially brought by class counsel on behalf of more than 3,000 former employees, seeking more than $200 million in damages.

Outcome: We brought a series of motions that produced favorable court rulings to dismiss the claims of approximately 80% of putative class members. Our trial strategy to handle the remaining claims led directly and quickly to a highly favorable settlement of the case.

Our approach and staffing: Our skill at motion strategies to defeat class certification was the foundation for a groundbreaking new defense strategy that we developed while working with our consulting experts to handle the remaining claims. With the great majority of class claims already dismissed, plaintiffs’ counsel faced dismissal of the rest of their case and the client was extremely pleased with the result. This important defense was led by two partners and one associate.

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