Businesses of all types and sizes throughout the United States, Mexico and beyond bring their disputes to Gardere's litigation team and receive practical, responsive, boutique-style attention in return. Our clients have access to the firepower and value of a well-known and highly-regarded Firm's capabilities and interdisciplinary strengths.
Gardere has a national and international energy practice formed around our Energy Industry Team, which is a multidisciplinary group of approximately 60 attorneys with diverse backgrounds, experience and skills specific to the energy industry. Our team includes attorneys who have served as in-house counsel for major energy companies, providing a depth of insight into our clients' needs, issues and concerns. We understand and regularly practice in virtually every sector of the energy, and we represent a wide variety of industry participants from multinational corporations to individuals.
From our offices in the United States and Mexico, our International Practice helps clients operate in today’s global economy. We have more than 30 professionals operating as a boutique within an Am Law 200 law firm and are able to provide focused service with the resources of a large firm. We understand that clients who are engaged in the global marketplace need lawyers who can operate seamlessly across multiple jurisdictions. Our international experts are multi-lingual, are culturally fluent and intimately familiar with various legal systems across the world, especially those in Latin America. Whether you need help with commercial transactions, regulatory matters, customs and import regulations, immigration matters, M&A and joint ventures, international disputes, or international tax planning, Gardere’s international team is here to assist you.
We represent domestic and foreign private funds in all aspects of fund formation, fund operations, platform and add-on acquisitions, and portfolio company operations. Our team has a reputation for being the go-to-lawyers for private equity funds, hedge funds, venture capital funds and family offices. We are known for our vast deal experience, the efficient way we staff and manage our work, and the way we maintain our relationships. We get deals done with sophisticated, strategic, and practical advice tailored to the needs of our clients.
*Not admitted to practice law.
In May 2005, the U.S. District Court for the District of Oregon entered a judgment in a collective action against Farmers Insurance Exchange for $54.5 million for unpaid overtime. Even more remarkable, the Judgment does not include $210 million Farmers paid to resolve overtime claims in California. Many times, companies ignore large judgments and settlements, because they often involve resolution of California state overtime claims.
The recent Farmers judgment proves this way of thinking is risky. To understand and manage risks associated with the Fair Labor Standards Act, corporate counsel need to understand the FLSA and the collective action process. Collective actions under the FLSA are very different from a traditional class action. The standard certification process for an FLSA collective action is lenient — generally that the potential members are "similarly situated." Based on this standard, courts will usually conditionally certify the class and order notice to all potential members of the action. Note that the FLSA does not follow the class action procedures in Federal Rule of Civil Procedure 23. In a Rule 23 class, patential members of the class are bound by the results unless they opt-out of the class. The end of the case generally means the end of potential liability with respect to the class certified unless someone specifically opted out of the class.
Not so with an FLSA collective action. Under §16(b) of the FLSA, a potential member must opt-in to the suit or will retain his or her rights to file an individual suit or separate collective action.
The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.
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