Publications & Presentations
September 30, 2014
Polsinelli shareholder Stephen E. Fox presents at this live 90-minute CLE webinar with interactive Q&A.

Offers of Judgment in Employment Litigation: Guidance Since Genesis
Leveraging Rule 68 as a Strategic Tool to Minimize Damages and Moot Claims

Tuesday, September 30, 2014
1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Click here to learn more or to register attendance.

This CLE webinar will examine strategic considerations for employment litigators for using and structuring Rule 68 offers of judgment in individual, collective and class employment cases.  Rule 68 offers of judgment are used by defense counsel in employment litigation as a cost-effective strategy for resolving cases, whether individual, class or collective. An employee who rejects a settlement offer is liable for post-offer costs if he or she recovers less at trial than the settlement offer amount. 

Not only can unaccepted Rule 68 offers of judgment shift post-offer costs to the employee, they can also cut off an employee’s right to attorney fees if properly drafted. Recent case law since the Supreme Court's Genesis ruling is instructive on how to draft settlement offers to preclude a plaintiff's recovery of attorney fees.  Employment litigators considering making a Rule 68 offer of judgment should strategically determine the proper timing of the offer, the impact of the mootness doctrine, and the potential for the judgment to be used against the employer in future litigation.

Listen as an authoritative panel of employment litigators discusses how defendants can leverage Rule 68 offers of judgment in employment cases. The panel will discuss the potential consequences of making a settlement offer in discrimination and wage and hour individual and class cases, and the conflicting state and federal rulings since the Supreme Court’s Genesis ruling for offers of judgment made in collective actions.

  • Rule 68 offers of judgment—overview
  • Strategic considerations with Rule 68 offers
    • Timing of offer
    • Mootness considerations (including the impact of Genesis)
    • Impact of judgment on future litigation
  • Drafting the Rule 68 offer of judgment—best practices
The panel will review these and other key questions:
  • What strategic advantages does a Rule 68 offer of judgment present for employment counsel defending discrimination or wage and hour litigation?
  • What are some strategic considerations for employment litigators evaluating whether and when to make a Rule 68 settlement offer?
  • What are the best practices for drafting effective offers of judgment?
  • How has Supreme Court’s Genesis ruling impacted offers of judgment in wage and hour collective actions?
Joining Steve on the panel will be A. Craig Cleland of Ogletree Deakins Nash Smoak & Stewart, Atlanta and Nancy Morrison O'Connor of Bracewell & Giuliani, Washington, D.C..