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

Seyfarth SynopsisIn a class action lawsuit alleging multiple fraud claims, a federal court in Illinois granted the plaintiff’s motion to sanction the defendants for interfering with the class notice process by encouraging class members to opt-out, and sanctioned their attorney for communicating directly with

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

Seyfarth Synopsis: In an EEOC lawsuit alleging that an employer failed to reasonably accommodate its Muslim employees’ requests for prayer breaks, a federal court in Colorado granted the EEOC’s motion for sanctions — as a result of the employer’s failure to preserve and produce various

washington-monument-754745_960_720Seyfarth Synopsis: Governmental enforcement litigation was a mixed bag in 2016. The U.S. Department of Labor (“DOL”) and the Equal Employment Opportunity Commission (“EEOC”) continued their aggressive enforcement programs, but their effectiveness was down “by the numbers” as compared to previous years. What does this mean for 2017?  In the 6th and final installment in

By Gerald L. Maatman, Jr., and Alexis P. Robertson

On January 8, 2015, in S37 Management, Inc. v. Advance Refrigeration Co., No. 06 CH 20999 (Ill. Cir Ct. Jan 8, 2015),  an Illinois Circuit Court, located in Cook County’s Chancery Division, denied a Defendant’s motion to certify a question for interlocutory appeal regarding the

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

In employment litigation, like in any other lawsuit, the duty to preserve potentially relevant information and documents is an affirmative obligation that is triggered when the party who has the evidence knows that litigation is probable and can foresee the harm or prejudice that would be