motion to compel

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moneystacksBy Gerald L. Maatman, Jr. and Alex W. Karasik

Seyfarth Synopsis: The increasingly common practice of third-party funding of class actions, which provides tax incentives to plaintiffs’ attorneys and third-party funders alike, may no longer be protected under confidentiality agreements.  Finding a class action funding agreement to be relevant in determining the adequacy of class counsel, a court in California …
Continue Reading Bankrolling Class Actions: Court Rules That Plaintiff Must Identify Third-Party Funder Of Class Action Lawsuit

Bbagy Christopher M. Cascino and Gerald L. Maatman, Jr.

In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several discovery issues that have become increasingly common in large-scale, EEOC-initiated disparate impact…
Continue Reading Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case

By Gerald L. Maatman Jr. and Howard M. Wexler

In the closely watched case of EEOC v. BMW Manufacturing Co., LLC, 13-CV-1583 (D.S.C.), which concerns the EEOC’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Under Title VII (most recently discussed here, the parties have waged a discovery battle over whether the EEOC should be forced…
Continue Reading Court Orders The EEOC To Produce Internal Hiring Policies Regarding Background Checks

tug-of-war.jpgBy Gerald L. Maatman, Jr. and Rebecca Bjork

In EEOC v. Freeman, 2012 U.S. Dist. LEXIS 179183, at *6 (D. Md. Dec. 19, 2012), Magistrate Judge Day of the U.S. District Court for the District of Maryland noted that “there simply is no more aggravating action than a lawyer improperly instructing a deponent not to answer a question.” Nevertheless, in…

Continue Reading The EEOC Wins A Round In Its Discovery Tug-Of-War In EEOC v. Freeman