Michael S. Kun, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s Los Angeles office, was quoted in SHRM, in “How to Respond to Class Actions,” by Allen Smith.
Following is an excerpt:
- Don’t call the plaintiffs’ attorney right away to talk about the case. “Nothing good will come of that, and whatever you say not only will educate that lawyer, but they may try to use it against you later.”
- Don’t rush to talk with your employees or the media.
- Don’t try to talk with plaintiffs themselves about the case.
- Don’t send e-mails or memoranda to others about the case. Such e-mails or memoranda “often will not be privileged, meaning that you will produce them to the plaintiffs in the lawsuit.” …