Comments
Adobe, Apple, Google, Intel Settle No-Poaching Lawsuit
Oldest First  |  Newest First  |  Threaded View
ericwg
100%
0%
ericwg,
User Rank: Apprentice
4/25/2014 | 11:18:47 AM
Disappointed Plaintiff
As one of the 64,000 Class Members of this suit, I must that I am EXTREMELY disappointed with the settlement that was reached. Granted, the details have not been made available yet, but, assuming the $324M number is accurate, I consider this is an absolute pittance. Don't get me wrong, I am not so well off that I would turn down ~$4k if someone handed it to me, which seems to be what I can expect as my portion of the settlement. But, given the damages that were being discussed were this to go to trial, they settled for pennies on the dollar. At the end of the day, the whole point of this case was to try and impress on these companies that the hiring practices they employed are unacceptable. A $324M fine, spread across approx half a dozen extremely successful companies flush with billions of dollars in cash, doesn't even amount to a slap on the wrist. It's not even a wiggle of the pinky. Granted, even a $9B fine would have barely been felt either, but it surely would have delivered a stronger message. I know...right there in "settlement" is the word "settle". Clearly, that is what happened here. We settled. Personally, I would have preferred we push forward and take this to trial. Yes, it would have taken years for a trial, there would be no guarantee of a win, and even if we did win, there would most likely be multiple appeals. Of course, there also would be the possibility that if the case had started looking really bad for the defense, they could have arrived at a settlement mid-trial; one that would have certainly been better than this one. Bottom line, at least we, as Class Members, would have had the opportunity to reach a judgement that might have some actual impact on our lives. Yes, it would be a risk...but potentially a risk worth taking. Had we ended up losing, I could've lived with that. To just give in like "they" did, feels like they are taking an ounce of peanut butter and spreading it over 100 loaves of bread. Then, I'm supposed to it and say, "oh yeah, this is a yummy sandwich". You know what, keep it, I'm not hungry. If you come back with Filet Mignon, let me know.
Zman7
50%
50%
Zman7,
User Rank: Strategist
4/25/2014 | 1:36:42 PM
Re: Disappointed Plaintiff
But you've got to be happy for the lawyers - I'm sure they each get the same amount.

You DO know that you can opt out of the class-action and just sue them on your own, right? If you win, you'll get much more than you would have in the class-action suit.
Thomas Claburn
50%
50%
Thomas Claburn,
User Rank: Author
4/25/2014 | 2:42:48 PM
Re: Disappointed Plaintiff
> If you win, you'll get much more than you would have in the class-action suit.

Of course you have to weigh the potential cost of going it alone. Maybe you get a lawyer to take on contingency, but it's more trouble.
Thomas Claburn
50%
50%
Thomas Claburn,
User Rank: Author
4/25/2014 | 2:46:09 PM
Re: Disappointed Plaintiff
It really is a slap on the wrist. Imagine for a moment the penalty an employee would pay for conspiring with other employees at other companies to be less productive. You could be sued for theft of resources or fraud and perhaps serve time.
Zman7
50%
50%
Zman7,
User Rank: Strategist
4/25/2014 | 3:37:19 PM
Re: Disappointed Plaintiff
This is basically the end result with all class-action suits.  They are meant only to be punitive to the companies, not to provide any meaningful relief to the people in the class.  The only winners are the lawyers, and they win big. The bigger the class (64k is pretty big), the bigger the winnings for the law firms.  I haven't seen the paperwork, but I'd bet they get around 40% of the $320m or whatever the total amount is - you can't divide the stated amount by the number of people in the class.  Also, for such a large amount, it would easily pay the companies to appeal which would drag it out for several more years.
ericwg
50%
50%
ericwg,
User Rank: Apprentice
4/25/2014 | 5:08:40 PM
Follow Up
Yeah, I'm aware that I could opt-out of the settlement which would entitle me to seek my own counsel, sue, etc. The problem there, is, and I'm just being blatantly honest here, I am not someone that was "directly" effected. In other words, it's not like I have any proof I can provide showing that I applied for a job at Google or Apple or ??? during this time period. In that regard, I need the power of the class to make a case. On my own, I doubt I would get very far. Not to mention, at this particular time, I am not equipped to launch a defense of my own; pay my own legal fees, etc. Given what I already said RE: the individual case I could make, I doubt any lawyer would take my case pro bono. I suppose I could ask around a bit before the details of the settlement are disclosed and I have to sign any paperwork.

RE: the punitive nature of class action suits...again, that is what I find so ironic about this settlement. In the end, the companies involved won't remotely feel the sting from this. That really sucks = justice.
mak63
50%
50%
mak63,
User Rank: Ninja
5/30/2014 | 10:47:51 PM
news
Being one the commentators part of the class action, I was wonder if there are any news about the terms of the settlement. Hopefully is more than 4K


IT's Reputation: What the Data Says
IT's Reputation: What the Data Says
InformationWeek's IT Perception Survey seeks to quantify how IT thinks it's doing versus how the business really views IT's performance in delivering services - and, more important, powering innovation. Our results suggest IT leaders should worry less about whether they're getting enough resources and more about the relationships they have with business unit peers.
Register for InformationWeek Newsletters
White Papers
Current Issue
InformationWeek Tech Digest September 24, 2014
Start improving branch office support by tapping public and private cloud resources to boost performance, increase worker productivity, and cut costs.
Video
Slideshows
Twitter Feed
InformationWeek Radio
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.