This program, taught by Rachel Geman, a Partner at Lieff, Cabraser, Heimann & Bernstein, reviews current rulemaking and trends for attorneys litigating employment discrimination class actions. First, the program will address Rule 23 with an eye towards timely and relevant issues for employment law practitioners, such as issue classes under (c)(4), the new rules regarding settlements, and the state of the law of former employee standing to bring (b)(2) claims. Second, the presentation will look at how Wal-Mart Stores, Inc v. Dukes has aged since 2011. Many appellate courts have yet to apply Dukes in cases involving company-wide, common methods of exercising discretion. This part of the presentation will look at recent cases with differing outcomes, and the implications for lawyers who are investigating and litigating these kinds of cases.
Finally, the course will address recent developments under Rule 23 that may affect employment law--including but not limited to the renewed use of Rule 23 in cases involving assault—and recent developments in employment law that may affect Rule 23 (including the fortification of sexual harassment laws and others).
Rachel Geman is a partner in the New York office of Lieff, Cabraser, Heimann & Bernstein, with a practice dedicated to employment law and consumer protection, and to recovering money for the government lost to fraud through False Claims Act litigation – with cases typically brought by employee whistleblowers. On behalf of her clients, Rachel has filed qui tam suits involving multiple industries in multiple courts that are under investigation, and is presently involved in active litigation involving off-label and kickback claims in the pharmaceutical industry. Rachel’s current class actions are in the employment discrimination, consumer civil rights, and consumer protection areas.
Rachel’s successes include representing employee benefit plans and other investors in recovering $65 million from AXA Rosenberg relating to its handling of investments; serving as Co-Lead Class Counsel or counsel for the class in a series of cases against large banks alleging deceptive marketing and unfair practices in the sale of “payment protection” products, resulting in more than $50 million in settlements; and litigating and settling a class gender discrimination suit on behalf of female financial advisors at Bank of America/Merrill Lynch for $39 million plus programmatic relief. Rachel was on a team that litigated the largest False Claims Act case in history involving U.S. Department of Education, ultimately recouping $78.5 million from the University of Phoenix; and has litigated multiple wage and hour cases, including making up to $35 million available to employees through settlement of hard-fought wage and hour litigation against Wal-Mart in Washington State.
The thread combining Rachel’s cases is her drive for basic fairness combined with her interest in unraveling complex fraud, in her capacity both as an experienced litigator and a Certified Fraud Examiner. She has spoken and written extensively on class action, whistleblower, and employment law topics, and has taught a course she designed on international employment law as an adjunct law professor.