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You don't often hear complaints about working for Apple, Google, Intel, Lucasfilm, Adobe, Intuit, or Pixar. But according to plaintiffs lawyers at Lieff Cabraser, Berger & Montague, and Grant & Eisenhofer, employees at the companies were the victims of a conspiracy to suppress their salaries and keep them tied down at their jobs. And on Wednesday, a judge in San Jose ruled that the lawyers had come up with enough evidence to allow their case to move forward.
Arbitration is No Simple Matter
The arbitration clause in Rafael Crespo's employment contract was just that--a clause, short and sweet. And that was its undoing. Mr. Crespo was a building supervisor until the building owners fired him in 1995. He wanted to sue them, but his bosses insisted that he was barred by a clause his union had negotiated saying that all differences over the application or performance of any part of the contract must go to binding arbitration. His attorneys responded that the simple reference to all differences'Iqbal' Fails to Find Fan Base at House Judiciary Committee Hearing
The House of Representatives' Judiciary Committee held a hearing Wednesday on the outsize effect the U.S. Supreme Court's Ashcroft v. Iqbal ruling has had on civil litigation. The ruling, which requires plaintiffs to plead specific factual allegations in their complaints, has already been cited in almost 3,000 lower court rulings in just five months on the books. Only one witness, former DOJ Civil Division Assistant AG Gregory Katsas, defended the ruling as "consistent with the vast bulk of prior precedent."Senate Confirms Legal Nominees, but Not the Biggest Ones
The confirmation of incoming Supreme Court Justice Sonia Sotomayor has broken a logjam of presidential nominees for other legal posts. But the highest-level nominees -- three circuit court nominees and four nominees for assistant attorney general positions -- will likely be waiting at least another month.House GOP gearing up for Obama probes
There were surprisingly few large-scale congressional investigations during 2012, at least for an election year. But experts expect that to change.Fear of Hostile Juries One Reason Firms Tend to Settle
Whatever advice they may give their clients about litigation, major law firms tend to follow the same strategy whenever they themselves are dragged into court: They settle. Within the past six weeks, two major firms have coughed up tens of millions of dollars to put significant lawsuits to rest. Virtually all major law firms that have been sued in the past two decades have settled their cases. Most believe both that juries would be unsympathetic to them and that a trial would be damaging to their practices.Expanding Criminal Discovery Responsibly
Cyrus R. Vance Jr., the New York County District Attorney, writes: In many cases in Manhattan and all over our state, witnesses are frightened, asked to lie, or asked to tailor their accounts so as to minimize their impact on the defendant at trial, and that is only for those who come forward at all. These problems provide a crucial backdrop to the current debate over expanding criminal discovery.Trending Stories
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