In what may be the hollowest victory since King Pyrrhus defeated the Romans at Heraclea and Asculum during the Pyrrhic War, David Lola’s case against Skadden Arps was recently given judicial CPR by the U.S. Court of Appeals for the Second Circuit. He will live to fight another day, though I suspect, as did King Pyrrhus, he will lose in the end.
Lola is the lawyer who sued under the Fair Labor Standards Act claiming he was owed overtime for the time he spent over 40 hours a week doing document review in North Carolina. He claimed that the work was so lacking in mental challenge, such a rote task devoid of legal reasoning or enterprise, that he was not practicing law when he reviewed emails as part of a big discovery exchange. Whether coincidentally, or as a result of Lola’s pioneering, a different lawyer has now sued Quinn Emanuel over the same thing. The Second Circuit decision doesn’t have too much to recommend it, and, for my money, it misses out on two important issues.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
