By Gerald L. Maatman, Jr., Jennifer A. Riley, and Derek Franklin Duane Morris Takeaways: In Evans III, et al v. Dart, et al., No. 1:20-CV-02453 (N.D. Ill. Sept. 15, 2023), Judge Rebecca R. Pallmeyer of the U.S. District Court for
Class Action & Mass Torts
The Class Action Weekly Wire – Episode 31: Artificial Intelligence: The Next Generation Of Class Action Litigation
Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partner Jerry Maatman and special counsel Brandon Spurlock with their discussion of the Senate Banking Committee’s hearing this week regarding consumer protection in the financial…
Behind the EEOC Curtain: EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

By: Christopher Kelleher, Rachel See, Christopher DeGroff, and Andrew Scroggins
Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement…
Illinois Federal Court Dismisses One False Advertising Suit Based on Malic Acid, While Sustaining Another
A pair of malic acid decisions recently issued by Judge Coleman in the Northern District Court of Illinois reaffirmed that the statements “natural flavors with other natural flavors” and “no artificial flavors” receive different treatment under state false advertising laws,…
New York Federal Court Approves Unique Wage Case Settlement Structure Providing Plaintiff-Employee A Discounted Purchase Price For Employer’s Entire Business
By Gerald L. Maatman, Jr., Gregory S. Slotnick, and Maria Caceres-Boneau Duane Morris Takeaways: Pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the practice of settling lawsuits filed in district courts in the Second…
EEOC and DOL Join Forces – What the Alliance Means for Employers

By: Rachel V. See, Christopher J. DeGroff, and Andrew L. Scroggins
Seyfarth Synopsis: The EEOC and the Department of Labor Wage Hour Division (WHD) have taken an important step toward inter-agency coordination, committing to information sharing, joint investigations,…
Colorado Supreme Court Applies Litigation Privilege To Attorney’s Allegedly Defamatory Statements About Class Action Defendant
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Derek Franklin Duane Morris Takeaways: In Killmer, Lane & Newman, LLP v. BKP, Inc., No. 21-SC-930, (Col. Sept. 11, 2023), the Colorado Supreme Court ruled that an attorney’s allegedly defamatory statements about…
Another Win for Preemption in Over-The-Counter Drug Labeling Case
Recently, there has been a proliferation of putative class actions targeting allegedly misleading statements (or omissions) on the FDA-approved labels for over-the-counter (“OTC”) drugs. Last year, we explained how these types of claims are vulnerable to a strong federal…
The Class Action Weekly Wire – Episode 30: The State Of BIPA Privacy Class Action Litigation
Duane Morris Takeaway: This week’s episode of the Class Action Weekly Wire features Duane Morris partner Jerry Maatman and associate Tyler Zmick with their discussion of a $7 million BIPA class action settlement announced this month and analysis of developing…