The last few years have seen an explosion in class-action and collective litigation over workplace issues, a trend that is certain to continue in 2007. The exposures from such mega-cases are keeping corporate counsels, risk managers and senior executives awake at night.
But while reports of multimillion-dollar settlements of class actions are daily news fixtures, the litigation landscape is not entirely dismal for employers. As in real estate, “location, location, location” is all important, and the divergent case law in the federal courts on key class-action issues is beginning to be starkly defined by circuit location.
From a strictly monetary measure, the private plaintiffs' bar secured many substantial settlements in 2006.
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