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Vedder Thinking | News Joseph Mulherin Comments on Methods for Defeating Collective Action Certification in FLSA Suits in Law360

Media Mention

Shareholder and Co-Chair of the Employment Class Action group, Joseph K. Mulherin, was recently quoted in a Law360 article discussing strategies for defeating Fair Labor Standards Act (FLSA) collective actions. Mr. Mulherin advised that, when trying to prevent a collective from being certified, defense counsel should be very diligent in their approach to identifying individualized issues. Mr. Mulherin explained that such individualized issues could include whether the particular practice at issue was implemented on a companywide basis, or on localized basis by a rogue manager. He continued, “When we look at these cases, we’re not trying to manufacture differences, but when there are differences, we need to show them to opposing counsel and to the court.”

Mr. Mulherin also commented on defense counsel’s obligation to discuss the prospect of mediation with their clients before the client incurs significant legal fees.

If you have any questions regarding the topics discussed in this article, contact Joseph K. Mulherin at +1 (312) 609-7725 or any Vedder Price attorney with whom you have worked.

To read the Law360 article in full, please click here. (Subscription may be required)


Joseph K. Mulherin