You may recall Michael Devine, one of the priginal plaintiffs in the case, objected to what amounted to a secret settlement behind his back, as being far too low for the class represented in the case. Mr. Devine has been successful so far in his petition to the judge to hear his motion, and now has gained the representation of Daniel Girard. Asked if he will participate in any negotiations, Girard said "we would certainly expect to be included."
Girard is no stranger to many of the attorneys in the case: he was once a partner at Lieff Cabraser Heimann & Bernstein, one of the elite plaintiff firms which reached the $324.5 million deal. Girard has a 19-lawyer firm, Girard Gibbs, and has worked alongside Lieff Cabraser in other class action cases.
Girard, who was referred the case by another lawyer, said it's "a genuine concern" to litigate against former colleagues. But at the hearing in June, he made clear that his objection to the settlement was not the often-raised concern that plaintiffs' lawyers are settling low to make a fast buck on attorneys fees.
Girard told Koh he did not believe attorneys for the tech workers had colluded with the companies or "sold out the case." Rather, Girard said the plaintiffs had simply overstated the risks of going forward given the strength of their evidence."