Wal-Mart's newly promoted executive vice president and general counsel already has a courtroom win for the mega-retailer under his belt. Wal-Mart Stores Inc. announced last week that former deputy general counsel Jeff Gearhart will take the top legal role at the company, succeeding Tom Mars, who will become executive vice president and chief administrative officer.

Doubtlessly near the top of Gearhart's agenda is Wal-Mart's continuing defense against Dukes v. Wal-Mart, a massive sex discrimination class action suit alleging the retailer paid women less than men and promoted women less often.

On Friday the company saw a victory in the case, as the 9th Circuit granted it an en banc hearing to reconsider the case's class action status. In 2007 a three-judge panel of the 9th Circuit upheld a district court's grant of class certification in the case. In a statement, Gearhart said the company is “hopeful they will decide the case should not proceed as a class action.”

Since Wal-Mart employee Betty Dukes filed the original discrimination claim in 2001, the case has grown to include 2 million women who have worked at the retailer since 1998. In 2007, Goldman Sachs estimated that Wal-Mart could be liable in Dukes for $13.5 billion to $31.5 billion in compensatory and punitive damages for a class of 1.6 million current and former employees.

“It is important to note that the merits of this case have not been considered by the courts, and we believe the experiences alleged by the six individuals who brought this suit are not representative of the experiences of our female associates,” Gearhart said in the statement. “Wal-Mart is a good place for women to work and fosters female leadership among our associates and in the larger business world.”

Gearhart, 44, left private practice to join Wal-Mart in 2003 as vice president and general counsel for the corporate division. In 2007 the company named him senior vice president and deputy general counsel for Wal-Mart Stores Inc. In former general counsel Mars' newly created role, he will be responsible for Wal-Mart U.S. human resource functions and the company's compliance department.

Wal-Mart's newly promoted executive vice president and general counsel already has a courtroom win for the mega-retailer under his belt. Wal-Mart Stores Inc. announced last week that former deputy general counsel Jeff Gearhart will take the top legal role at the company, succeeding Tom Mars, who will become executive vice president and chief administrative officer.

Doubtlessly near the top of Gearhart's agenda is Wal-Mart's continuing defense against Dukes v. Wal-Mart, a massive sex discrimination class action suit alleging the retailer paid women less than men and promoted women less often.

On Friday the company saw a victory in the case, as the 9th Circuit granted it an en banc hearing to reconsider the case's class action status. In 2007 a three-judge panel of the 9th Circuit upheld a district court's grant of class certification in the case. In a statement, Gearhart said the company is “hopeful they will decide the case should not proceed as a class action.”

Since Wal-Mart employee Betty Dukes filed the original discrimination claim in 2001, the case has grown to include 2 million women who have worked at the retailer since 1998. In 2007, Goldman Sachs estimated that Wal-Mart could be liable in Dukes for $13.5 billion to $31.5 billion in compensatory and punitive damages for a class of 1.6 million current and former employees.

“It is important to note that the merits of this case have not been considered by the courts, and we believe the experiences alleged by the six individuals who brought this suit are not representative of the experiences of our female associates,” Gearhart said in the statement. “Wal-Mart is a good place for women to work and fosters female leadership among our associates and in the larger business world.”

Gearhart, 44, left private practice to join Wal-Mart in 2003 as vice president and general counsel for the corporate division. In 2007 the company named him senior vice president and deputy general counsel for Wal-Mart Stores Inc. In former general counsel Mars' newly created role, he will be responsible for Wal-Mart U.S. human resource functions and the company's compliance department.