Opponent of Apple, Google settlement with workers wants larger cut in new deal

One of the named plaintiffs, Michael Devine, wants a larger share of the new settlement proposed

Michael Devine, who helped sink an earlier settlement between tech companies and workers in a lawsuit over an alleged conspiracy to prevent poaching of staff, has supported a new settlement proposed last week.

But Devine, a former Adobe Systems engineer, wants his payout from the new settlement to be doubled for his efforts in getting the proposed settlement amount increased.

In a filing in the U.S. District Court for the Northern District of California, San Jose division, Devine is asking for US$160,000 out of the $415 million proposed settlement in the class action suit, which if approved would give him twice the payout for the other four named plaintiffs.

District Judge Lucy H. Koh in August rejected the earlier proposed settlement of $324.5 million as too low, after Devine also objected to it. The tech workers had alleged that Google, Apple, Intel, Adobe, Intuit, Lucasfilm and Pixar put each other's employees off-limits to the other companies, in a bid to fix and suppress employee compensation and restrict employee mobility.

The companies had earlier settled similar charges in 2010 with the U.S. Department of Justice but admitted no wrongdoing. They agreed not to ban cold calling and enter into any agreements that prevent competition for employees. But the employees said that the government was unable to compensate the victims of the conspiracy, which was the reason they were filing a suit.

Intuit, Lucasfilm and Pixar previously settled with the workers for about $20 million.

"Devine believes the request is justified based on his service as a class representative and his work to oppose the original settlement and secure an additional $90.5 million for the Class," according to a filing Friday by his lawyer Daniel C. Girard.

Devine holds that in opposing the original settlement he has taken a higher risk that his participation in this litigation will adversely affect his job prospects, according to the filing.

The proposed settlement has to be approved by the court, and seeks to award "reasonable service award payments of $80,000" for each of the named plaintiffs for their services. Some 64,000 workers are represented in the class action suit. The lawyers could get about $85 million from the settlement.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags business issuesApplepersonnelGoogleAdobe Systemslegalintel

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Essentials

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Kathy Cassidy

STYLISTIC Q702

First impression on unpacking the Q702 test unit was the solid feel and clean, minimalist styling.

Anthony Grifoni

STYLISTIC Q572

For work use, Microsoft Word and Excel programs pre-installed on the device are adequate for preparing short documents.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?