Michael Devine, the class representative in a California Class action anti-poaching lawsuit against Apple and other Silicon Valley tech companies, is seeking a bigger piece of the $415 million payout for his efforts in securing a larger settlement.
Michael Devine, a former Adobe Systems engineer, is requesting U.S. District Court Judge Lucy Koh modify terms of a proposed $415 million settlement reached yesterday by Apple, Google, Adobe and Intel, claiming he played a pivotal role in securing a larger reward for fellow plaintiffs.
In a joinder filed in court on Friday, Devine asks for up to $160,000 for his role in the settlement. The sum is twice the amount being sought by the suit’s other four named plaintiffs. The 64,000 employees in the class will receive around $5,000 each.
The lawsuit alleges Apple and other Silicon Valley heavyweights agreed to an anti-poaching agreement between 2005 and 2009, effectively suppressing wages by limiting employees’ job mobility.
“I’m glad that I stood up for the class and that I was able to have such a substantial impact on the outcome,” Devine said. “I took my responsibilities seriously and I showed that class representatives can make a real difference.”
Devine, the lone voice of dissent when the original $325.5 million settlement bid was reached last April, calling the offer “grossly inadequate,” in a letter of objection filed with the court. Devine also posted the document online well before it was made publicly available via proper court channels, as well as sitting for an interview about the settlement with The New York Times.
Judge Lucy Koh rejected the settlement offer, following Devine’s objection. At that time, Koh said the amount of compensation “falls below the range of reasonableness,” when compared to the amount of an earlier employee settlement from Pixar, Lucasfilm, and Intuit.
Devine says due to his efforts – which resulted in an approximate 28% increase in the settlement – and his increased risk of never finding future employment because of it, he is due a larger reward.
Judge Koh has not yet approved the $415 million settlement, of which the lawyers will take an $81 million cut for their fees.
