Effective Use of Statistical Evidence in Employment Class Action Litigation: Practical Guide in 2017
Statistical evidence, which has been an important part of class action litigation for decades, is gaining heightened popularity and is considered an integral part of the growing complex nature of employment class action litigation, proactive employer self-audits, and regulatory investigations by the EEOC and OFCCP. For both discrimination and wage & hour matters, the use of statistical analyses is accompanied by uncertainties on how such evidence can be used, and whether the analyses presented are statistically sound.
In this LIVE Webcast, a distinguished panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth discussion of the importance and effectiveness of using statistical evidence in employment class action litigation, proactive employer self-audits, and regulatory investigations. Speakers will provide case studies as well as strategic approaches in disputing and leveraging statistical evidence in employment litigation.
Key topics include:
- Statistical Evidence and Liability
- Recent Court Decisions
- Strategies in Leveraging Statistical Evidence
- Statistical Analyses at the Certification Phase
- Risks and Challenges in Statistical Analyses, and
- Scope and Limitations of Statistical Data
Eric A. Savage, Shareholder
Littler Mendelson P.C.
- Legal overview, including most important matters and recent developments
- How he works with statistical and economic experts.
Dubravka Tosic, Ph.D., Director
Berkeley Research Group, LLC
Paul F. White, Ph.D., Partner
Resolution Economics Group, LLC
- Employment Discrimination Analysis:
- Types of Issues, Statistical Analyses, and Data Needs.
- Example of Hiring
- ii) Example of Promotion and/or Termination
- Pro-Active analyses
- Types of Issues, Statistical Analyses, and Data Needs.
- Pay Equity Analysis:
- Types of Compensation (Base pay and variable pay)
- Types of Statistical Analyses and Data Needs
- Pro-Active analyses
Brian Kriegler, PhD, Managing Director
Econ One Research, Inc.
- Wage & Hour (Plaintiff and Defense perspective)
Who Should Attend:
- Employment Counsel
- Employment Litigators
- Labor and Employment Lawyers
- HR Executives
- Multinational Companies
- Private and Public Companies
Dubravka K. Tosic is an Economist and Director at Berkeley Research Group, LLC (BRG), a national leader in economic and statistical consulting. She joined BRG in December 2015, after spending almost 6 years as a Principal at ERS Group, and over 12 years as a Director in the Dispute Analysis practice of PricewaterhouseCoopers, LLP in New York.
Dr. Tosic provides consulting and expert witness assistance in all aspects of labor and employment disputes, litigation and arbitration matters, regulatory audits, and in connection with pro-active company reviews. She has experience in preparing statistical analyses and damage calculations in connection with allegations of employment discrimination with respect to various employer actions (e.g. hiring, promotion, termination, and compensation), executive compensation, breach of employment contract, personal injury and wrongful death, and wage and hour issues.
Dr. Tosic has testified as an economic expert in Federal and State court matters, and has worked with numerous Fortune 500 companies, national and international law firms, Federal, State and Local government entities, and international organizations. She is also a frequent presenter to professional organizations on economic, financial, and statistical analyses.
Dr. Tosic received her Master’s degree and Ph.D. in economics from Florida State University and her Bachelor’s degree from University of Maryland.
Dubravka K. Tosic is an Economist and Director at Berkeley Research Group, LLC (BRG), a national leader in economic and …
Paul F. White, Ph.D. is a labor economist and the head of the Washington, D.C. office of Resolution Economics Group, LLC. Since 1993, his nationwide practice has focused on the economic and statistical aspects of employment discrimination matters, including compensation, hiring, promotions, and terminations. Dr. White's labor and employment practice includes EEOC investigations, OFCCP investigations of federal contractors, proactive monitoring of compensation and employee selections, economic damages (single-plaintiff, multi-plaintiff, and class actions), union contract negotiations, and NLRB hearings.
His practice also covers the economic and statistical aspects of FLSA wage and hour matters, including typicality and commonality analyses for class certification, misclassification, off-the-clock work, management edits, and other quantifiable issues. Additionally, Dr. White has conducted analyses on international employment issues, environmental economics, mutual fund trading practices, asbestos exposure, and prescription drug pricing.
Dr. White has testified extensively in local, state, and federal courts.
Paul F. White, Ph.D. is a labor economist and the head of the Washington, D.C. office of Resolution Economics Group, …
Brian Kriegler is a Managing Director at Econ One Research in Los Angeles, California. He earned his M.S. and Ph.D. in Statistics from UCLA and his B.A. in Mathematics-Economics from Claremont McKenna College. He has been published in the Annals of Applied Statistics and on Law360.com, he has presented his research to the American Statistical Association, and he frequently participates in legal “round table” discussions. His areas of expertise include statistics, sampling, econometrics, and data analysis.
In the labor and employment arena, Dr. Kriegler has testified in both single plaintiff and class action lawsuits involving wage and hour issues, discrimination, and wrongful termination, in which he has analyzed employee transactional data, timekeeping and payroll records, and survey data. He also consults with businesses to proactively address wage & hour compliance issues. His testimony has been relied upon in federal court and by the California Court of Appeal.
Brian Kriegler is a Managing Director at Econ One Research in Los Angeles, California. He earned his M.S. and Ph.D. …
Eric Savage is a partner in the New York City and Newark, NJ offices of Littler Mendelson, with over 30 years of experience in employment counseling and litigation in federal and state courts and administrative agencies in New York, New Jersey, Pennsylvania and elsewhere around the country. He has handled a wide range of individual and multi-party matters including all manner of discrimination and harassment cases, wrongful termination, whistleblower issues, restrictive covenant and unfair competition, wage and hour disputes, disability matters, and others. In addition, he devotes a substantial amount of time to day-to-day counseling issues, offering clients practical guidance on a large array of contract and compliance matters, helping them avoid problems while advancing their business goals. Mr. Savage has been a speaker at the American Bar Association , the International Bar Association, the Pennsylvania Bar Association Employment Law Institute, the Israel America Chamber of Commerce, the Israel Export Institute, the Israel Bar Association, the Association of Corporate Counsel and other organizations.
Eric Savage is a partner in the New York City and Newark, NJ offices of Littler Mendelson, with over 30 …
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Method of Presentation:
NASBA Field of Study:
Statistics - Technical
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About Berkeley Research Group, LLC
Berkeley Research Group is a leading global strategic advisory and expert consulting firm that provides independent advice, data analytics, authoritative studies, expert testimony, investigations, and regulatory and dispute consulting to Fortune 500 corporations, financial institutions, government agencies, major law firms, and regulatory bodies around the world.
Drawing on a strong foundation in data analytics, BRG comprises highly credentialed experts, prominent academics, CPAs, experienced business leaders, former government officials, and seasoned consultants.
BRG experts and consultants combine intellectual rigor with practical, real-world experience and an in-depth understanding of industries and markets. Their expertise spans economics and finance, data analytics and statistics, and public policy in many of the major sectors of our economy, including healthcare, banking, information technology, energy, construction, and real estate.
Named by Forbes as one of America’s Best Management Consulting Firms in 2016, BRG is headquartered in Emeryville, California, with offices across the United States and in Asia, Australia, Canada, Latin America, the Middle East, and the United Kingdom.
About Resolution Economics Group, LLC
Resolution Economics provides sophisticated economic, statistical and financial analyses, forensic investigations, forensic technology, dispute advisory, expert testimony, and specialized technology and analytic solutions to leading law firms, Fortune 500 companies, and government agencies.
Founded in 1998, Resolution Economics is a leading provider of litigation consulting services in employment class action matters. We have provided expert testimony across the nation in class-action, multi-plaintiff and single-plaintiff matters alleging discrimination on the basis of age, race, gender, and national origin/ethnicity, in recruitment and hiring, promotion, pay, termination, and other employment practices. Resolution Economics' Labor and Employment team also regularly consult to clients involved in many types of regulatory settings, such as EEOC, OFCCP, and DOL investigations. Our work has been performed in the context of both litigation and proactive consulting. In the wage and hour area, Resolution Economics examines exempt status for groups of workers, studies payroll and timekeeping data, analyzes meal and rest period claims and off-the-clock work, as well as donning and doffing and various issues. We also regularly consult on wage and hour issues in compliance settings.
About Econ One Research, Inc.
Econ One is an economic research and consulting firm with offices in Los Angeles, Berkeley, Sacramento, Houston, Washington, DC, and India. Econ One provides microeconomic and statistical consulting services for businesses, for government entities, and in litigation proceedings–particularly those involving antitrust, employment issues, finance, damages analysis, and valuation.
About Littler Mendelson P.C.
With more than 1,200 attorneys and 75 offices, Littler is the world's largest law practice exclusively devoted to representing management in employment and labor law matters. Since its founding in 1942, Littler has made commitment to client service a cornerstone of its practice, representing more than 50,000 employers in virtually every industry, on a regional, national, and global basis, across the gamut of labor and employment matters. Littler understands the issues affecting small companies as well as the world’s largest corporations. Clients with operations in different locations rely on Littler’s broad experience and geographic reach to help them deal more consistently with similar issues that arise across multiple jurisdictions. Littler’s local presence, diverse workforce, and cutting-edge technology enable it to provide the highest caliber of legal services and innovative, practical solutions to its clients efficiently, all at highly competitive rates.