Systemic Discrimination Pretrial Strategies: Guiding Principles for Discovery, Depositions, and Motion Practice
A live 90-minute CLE video webinar with interactive Q&A
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.
Outline
- General background
- Pleadings and related issues
- Motions to dismiss: Translating Twombly and Iqbal to employment cases
- Affirmative defenses and the possibility of waiver
- Discovery
- Particular items in written and document discovery
- E-discovery: offense and defense
- Social media
- Depositions
- Named plaintiff, other plaintiffs
- 30(b)(6) issues
- Summary judgment
- Class certification
- Relation of litigation issues to investigation/position statement
Benefits
The panel will review these and other important considerations:
- The general background of systemic discrimination claims
- Pleadings and related legal issues
- Discovery
- Summary judgment
- Class issues
Faculty
Gerald L. Maatman, Jr.
Partner, Chair Class Action Defense Group
Duane Morris
Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most... | Read More
Mr. Maatman has nearly four decades of experience practicing law and has defended some of the most significant bet-the-company cases ever filed against corporate America. He has represented companies, executive teams and boards across the country in class action litigation, ranging in size from thousands to hundreds of thousands of claims by employees. Among Mr. Maatman's accomplishments, he defended and defeated the largest systemic enforcement action ever brought in the history of the U.S. Equal Employment Opportunity Commission, the first Attorney General prosecution of a Wall Street company for workplace discrimination and harassment, and the largest wage and hour class and collective actions ever brought in Florida and New York. While he is known to be a fierce litigator, Mr. Maatman also helps his clients anticipate large-scale litigation risks before they happen to prevent issues that could turn into litigation. Mr. Maatman pioneered the process of conducting employment-practices audits to assist employers in structuring effective and practical personnel policies and protocols. He also writes and lectures extensively on class action and employment litigation topics. Mr. Maatman has authored six books on employment law topics and has spoken to employer groups throughout the United States, as well as in Asia, Europe, Canada and Mexico.
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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
Mr. Martucci practices nationally in business and employment litigation, with a focus on complex class action (employment discrimination and wage-and-hour, including California) litigation, as well as high-stakes executive disputes, whistleblower matters, and unfair competition. Working as part of a trial team, presenting and winning cases on behalf of companies before juries, and advising corporate clients concerning effective business and human resources practices are the primary activities in which Mr. Martucci engages. He has successfully tried a number of jury cases and has effectively resolved a variety of class action cases. His litigation docket is national in scope with cases throughout the U.S. His primary practice areas focus on complex class action (employment discrimination and wage & hour) litigation, Equal Employment Opportunity Commission litigation, unfair competition litigation, and business litigation. In the traditional labor relations field, Mr. Martucci has been involved in a number of NLRB representations, as well as serving as strategic labor relations counsel for national companies.
CloseEarly Discount (through 03/28/25)