Professor Orly Lobel Comments in New York Times, Article "Plaintiff in Silicon Valley Hiring Suit Maligns Deal"

New York (May 12, 2014) – University of San Diego (USD) School of Law Professor Orly Lobel commented in a New York Times article titled, "Plaintiff in Silicon Valley Hiring Suit Maligns Deal." The article reports on Michael Devine's protest of the settlement for In Re: High-Tech Employee Antitrust Litigation, 11-cv-2509.

Devine, one of the four plaintiffs named in the suit, thinks the companies that were sued for back wages are getting off far too lightly. In a very rare form of protest, he sent a letter to Judge Lucy H. Koh of United States District Court for the Northern District of California, asking her to reject the deal that his own lawyers negotiated.

Devine noted that the $324-settlement amount is about one-tenth of the estimated $3 billion loss in compensation by the 64,000 class members. In a successful trial, antitrust laws would triple that sum.

Lobel explained in the article why the settlement is comparatively small, stating that the lawyers wanted a quick and certain result, one that the named companies won’t feel too severely.

"There was such embarrassing evidence about the pacts being orchestrated from the very top, and there was such hubris from Jobs and the other chief executives" including Eric E. Schmidt of Google and Paul S. Otellini of Intel, said Lobel. "It would have been very unpleasant for the companies to reopen all those emails in court."

Read the entire article on

Read Professor Lobel's article "Turnover Alchemy: Converting Employee Losses into Gains" published on

About Professor Lobel

An internationally acclaimed expert in the law and economics of human capital, Orly Lobel is the Don Weckstein Professor of Law at the University of San Diego and founding faculty member of the Center for Intellectual Property and Markets. She teaches and writes in the areas of employment law, intellectual property law, regulatory and administrative law, torts, behavioral economics, health policy, consumer law and trade secrets. Her current research focuses on innovation policy and intellectual property. Lobel’s latest book is Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free-Riding.

About the University of San Diego School of Law

Celebrating 60 years of alumni success, the University of San Diego (USD) School of Law is recognized for the excellence of its faculty, depth of its curriculum, and strength of its clinical programs. Each year, USD educates approximately 900 Juris Doctor and graduate law students from throughout the United States and around the world. The law school is best known for its offerings in the areas of business and corporate law, constitutional law, intellectual property, international and comparative law, public interest and taxation.

USD School of Law is one of the 81 law schools elected to the Order of the Coif, a national honor society for law school graduates. The law school’s faculty is a strong group of outstanding scholars and teachers with national and international reputations and currently ranks 23rd worldwide in all-time faculty downloads on the Social Sciences Research Network (SSRN). The school is accredited by the American Bar Association and is a member of the Association of American Law Schools. Founded in 1954, the law school is part of the University of San Diego, a private, nonprofit, independent, Roman Catholic university chartered in 1949.

Professor of Law Orly Lobel

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