Seyfarth Shaw Labor & Employment partner Gerald Maatman was quoted in several articles receiving national coverage January 9-12 on the release of the firm's 8th Annual Workplace Class Actions Litigation Report. Jerry cites 2011 as a "transformative" year, due to the "cascading wave" of Supreme Court decisions. He notes that many "second generation issues" are on the rise, as shown in the second half of 2011, and as courts continue to examine ways for employees to form into collective classes against employers. He also spoke on trends to watch for in case law in 2012.
Jerry told Bloomberg that "class actions are not dead." Instead, they "are reforming into different iterations," and he thinks "the second half of the year we saw efforts at a rebooting process where the plaintiffs' bar were coming at their cases from different angles."
Jerry also commented on other trends to Corporate Counsel, such as the increase in government enforcement, litigation and regulation, saying it is at "white-hot levels, especially where the EEOC [Equal Employment Opportunity Commission] is concerned."
To Law360, Jerry pointed out that employers might find themselves facing smaller, regional lawsuits as plaintiffs' attorneys look for new strategies to replace the larger, nationwide suits. He said, "You might face difference rulings in different jurisdictions because of the development of the law post-Dukes because of how liberal or conservative judges might be in rebooting post-Dukes. Much like real estate, 'location, location, location' is going to be very important."