Litigation and Trials

When faced with litigation, employers need a comprehensive winning strategy. Littler’s Complex Litigation and Jury Trial Practice Group has talented, experienced litigators who know how to position and try cases. Our group has decades of experience with creative, trial-tested strategies and approaches so that cases can be tried or resolved from a position of strength. We have experience at every phase of employment litigation, and clients often hire us to try cases to juries when counsel at other firms lack trial experience.

We represent every kind of employer, from small to large, in virtually every industry, in state and federal courts in every state. We share and build upon our collective experience in order to provide practical resources for our clients. For example, we have extensive experience working with a variety of experts with a particular focus on the cost-effective use of experts to better position our cases. Our experienced litigators have a track record of success in disqualifying opposing experts either before trial or following voir dire at trial when their opinions lack scientific bases or are based on unreliable principles.

Littler has the depth, experience and strategic know-how to handle all aspects of employment litigation. The substantive law areas commonly covered include:

• Whistleblower and retaliation claims
• Sexual or racial harassment
• Discrimination
• Disability accommodation
• Wrongful termination
• Protected leaves
• Unfair competition
• ERISA and employee benefits
• Wage and hour class actions
• Discrimination class actions
• Executive contract and compensation
• Arbitrations

Littler has the nation’s largest practice devoted exclusively to representing employers in labor and employment matters, and our employment litigation team has a long record of success. Because of our exclusive focus on workplace issues, we have anticipated trends over the years that have helped our clients navigate the fluid changes in employment law. Our experience ranges from the trial courts through the highest appellate levels, and Littler attorneys have prevailed in six U.S. Supreme Court cases since 2010.

Single and Multi-Plaintiff Litigation and Trials

Whether in single- or multi-plaintiff litigation, Littler’s strategic knowledge shines. No trial is too small or too big. Littler uses its in-house team of experienced professionals to assist in developing strategies both for conducting litigation and preparing for trial. Littler’s Litigation and Trials Core Team is at the ready to assist on all trial matters, even when they are not the trial counsel. Moreover, Littler often uses various outside resources to conduct jury simulations, to assist in witness and theme development, and to select juries, when necessary.

Class Actions

In the past five years, Littler has defended clients in more than 1,700 class and collective actions in cases such as ERISA, discrimination and wage and hour. Our goal is always to help the client achieve the best possible outcome, and we are proud of our track record.

Among the more than 200 lawyers in this practice group, we have a number of nationally known leaders in statistics, demography and economics – key areas of class actions. We have won many significant federal appellate cases affecting employers, including several rulings on class or collective action certification.

Wage and Hour Litigation

Littler has a large and vastly experienced group of lawyers handling wage and hour disputes, one of the most common claims facing employers today. With the increased number of complaints, our wage and hour lawyers help employers develop strategies to prevail on class certification motions and the merits, address possible violations and limit potential liability that can often amount to millions of dollars. We are well prepared to litigate wage and hour trials before juries.

We have also represented numerous clients facing investigations by the U.S. Department of Labor and state labor departments, as well as various government agencies. Often the best strategy for our client is to resolve the matter at the investigation stage before the matter ever goes to court, and over the years, we have successfully negotiated resolutions that have saved our clients millions of dollars.

eDiscovery

The explosion of electronically stored information in the workplace has dramatically raised the risks – and costs – in litigation. To address these legal and technological demands, Littler early on assembled a team of attorneys dedicated exclusively to managing eDiscovery issues. The Littler team, led by one of the nation’s premier thought leaders in eDiscovery, has advised attorneys on numerous cases. Our team has developed strategies for efficient data harvesting, review and production, and shifting and reducing costs.

Multidisciplinary Approach

A hallmark of Littler’s practice is our multidisciplinary approach, which enables us to respond quickly to any issues that may arise. Whether a class action involves multiple states, a case has complex substantive or procedural issues, or the trial is in a hostile jurisdiction, we have lawyers with years of experience with the local laws, judges and plaintiffs’ bar, and we use that experience to best represent our clients.

Our lawyers include many of the nation’s leading authorities in areas that have been subject to new regulations and vigorous enforcement. In numerous instances, we have been able to resolve cases swiftly, and with minimum cost, because of our collaborative approach.

We know how to get witnesses “trial ready” for videotaped depositions and for trial or arbitration. We use our experienced litigators to fully prepare witnesses for depositions and trial testimony.

Littler is skilled at determining a strategic focus early in the litigation. That strategy is carried out through resolution, either by settlement or trial. Accordingly, the employer understands the facts, relevant law, cost, risks, exposure and plan of action at an early stage and can make economic, strategic decisions in partnering with Littler lawyers.

We help our clients avoid needless legal action, minimize their risks and successfully resolve issues in arbitration and in court. We know how to stop a case in its tracks through summary judgment, decertification and dismissal. Above all, we are always aware of our clients’ business needs.Whether we’re representing a global corporation or a small company, our attorneys work with management to create innovative solutions that accommodate their overall operations.

These strategies make Littler the choice of many employers for their litigation and trial matters.