Join Jackson Lewis P.C.’s Class Actions and Complex Litigation attorneys on November 8th for a full day CLE program where we will discuss key strategies for defending and avoiding class actions. We will also review new trends and challenges facing employers. Click here for a full list of topic descriptions.

Agenda:

8:30 — 9:00

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:

  • Data privacy: The newest class action threat
  • California Consumer Privacy Act
  • The GDPR is the model
  • State consumer privacy and security laws likely to proliferate

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Recently in Florida, three separate class action lawsuits alleged that the employer’s Consolidated Omnibus Reconciliation Act (COBRA) notice did not comply with the Department of Labor regulation.

COBRA, an amendment to the Employee Retirement Income Security Act (“ERISA”), applies to employers with at least 20 employees on more than 50 percent of its typical business

A federal judge in Kentucky recently ruled that anecdotal accounts alone cannot support a class claim of discrimination without “substantial statistical evidence of company-wide discrimination.”  Freeman v. Delta Air Lines, No. 2:15-cv-160 (WOB-CJS) (E.D. Ky. June 14, 2019).

Federal District Judge William O. Bertelsman denied class certification to a putative class of six African-American

Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:

  • Who gets notice of a collective action – and why it matters
  • Arbitration agreements
  • Considerations regarding whether to adopt or continue an arbitration program
  • Recent court

In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019).

Please

The Sixth Circuit ruled that agents were properly classified as independent contractors in an Employee Retirement Income Security Act (ERISA) class action brought on behalf of thousands of current and former insurance agents in Jammal v. American Family Insurance Co., No. 17-4125 (6th Cir. Jan. 29, 2019).

The Court reviewed the lower court’s analysis