Commentary – Lieff Cabraser

Elizabeth Cabraser in Trial Magazine on Meaningful Settlements that Bring Justice for Clients and Society

LieffCabraser — Fri, 03 Apr 2020 22:23:54 +0000

The American Association for Justice’s April 2020 issue of Trial magazine “Finding Your Way” includes a new article featuring commentary from Lieff Cabraser partner Elizabeth Cabraser, wherein she discusses meaningful settlements she’s been involved in and gives advice to lawyers on negotiating terms in settlements that bring justice for both clients and society. The piece also includes material from David Sugerman and Paul Bland, other plaintiff’s attorneys who, like Cabraser, focus much of their efforts on protecting the rights of consumers.

When asked to describe a settlement with a broad positive impact, she spoke of her work as a member of the team of negotiators for the class action settlement negotiated in the aftermath of the explosion on the Deepwater Horizon oil rig and the ensuing massive oil spill.

Cabraser noted, “There were actually two class settlements-one for those who were exposed to contaminants as they were working on the beach cleanup efforts, and one for the residents and the businesses of the Gulf Coast states that were economically impacted by the spill. It was an unusual scenario, in that the same area had been devastated by Hurricanes Katrina and Rita only five years before. The area was struggling to come back from the economic effects of those natural disasters. And then it was hit by a preventable, man-made disaster that had a huge economic toll far beyond the area that was physically impacted by the spill.”

Cabraser said that while involved in the Deepwater case, she was reminded of her experience with the Exxon Valdez oil spill off the coast of Alaska, a similar incident from years before that took over 20 years to resolve.

She went on to point out that what struck her most at the initial hearing with Judge Carol Barbier, who was appointed to oversee the settlement, was that he was aware of what happened in Exxon Valdez and was determined that the courts would not take 20 years to resolve the claims this time.

“Based largely on Judge Barbier’s case management effort,” said Cabraser, “it took us less than two years from the date of the oil spill to presenting a classwide resolution of the claims to the court.”

Access to the full article is available online via a subscription or membership in the AAJ.

American Association for Justice Minority Caucus & Women Trial Lawyers Caucus PAC Drive

LieffCabraser — Mon, 02 Dec 2019 21:54:33 +0000

“Choosing a member of Congress is as important as choosing a jury”

On Thursday, December 5, 2019, the Political Action Committee of the American Association for Justice will be holding a fundraising drive. In the 2018 midterm elections, 85% of the 299 candidates the AAJ PAC supported were victorious. Lawyers are asked to consider contributing to join their trial lawyer colleagues who support civil justice through the AAJ PAC each year. The AAJ PAC needs your help to build on its successes and increase the pro-civil justice margins in each upcoming election.

As the AAJ PAC notes, “Our voice is stronger when we join together as a trial lawyer community to show our support for candidates. AAJ PAC gives us that voice by spending more than $6 million directly in support of federal candidates, on both sides of the aisle. Your clients rely on you to protect them in the courtroom and now we are calling on you to protect their interests in Washington, D.C. Only you can ensure that AAJ PAC will have the resources neccessary to be effective. Please make your contribution today.”

Learn more and contribute online.

Full Measure Talks to Kenny Byrd About the “Forgotten” Tobacco War

LieffCabraser — Mon, 24 Sep 2018 21:58:17 +0000

Lieff Cabraser Nashville partner Kenneth S. Byrd recently spoke with Sharyl Attkisson of Full Measure in an in-depth cover story about the forgotten legacy of the big tobacco lawsuit settlement, “the one that came after the nation’s cigarette makers got caught red handed in a decades-long cover-up of their products’ risks and addictive qualities.” However, that staggering settlement did not directly benefit individuals injured by the tobacco companies’ conduct and deceptions. As the report explains, many of those injured smokers and their families are now waging a quiet war on a lengthy case-by-case basis.

Watch the Full Measure report, “Tobacco War.”

http://fullmeasure.news/news/cover-story/tobacco-war

About Full Measure with Sharyl Attkisson

Full Measure is a weekly Sunday news program that focuses on investigative, original and accountability reporting. Hosted by five-time Emmy Award winner Sharyl Attkisson (recipient of the Edward R. Murrow award for investigative reporting), the program team includes several other award-winning journalists and is broadcast to over 40 million households. Each week, Full Measure presents a cover story exploring “untouchable” topics in a fearless way including: immigration, terrorism, government waste, national security and whistleblower reports on government and corporate abuse and misdeeds.

Lieff Cabraser’s Work on Behalf of Injured Smokers and Their Families

Lieff Cabraser represents Florida smokers, and the spouses and families of loved ones who died, in litigation against the tobacco companies for their 50-year conspiracy to conceal the hazards of smoking and the addictive nature of cigarettes. In 2015, a settlement was reached on behalf of more than 400 Florida smoker lawsuits against the major cigarette companies Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company. As a part of the settlement, the companies will collectively pay $100 million to injured smokers or their families. Lieff Cabraser attorneys also tried over 20 cases in Florida federal court against the tobacco industry on behalf of individual smokers or their estates, and with co-counsel obtained over $105 million in judgments for our clients.

“Shock, Dismay, and a Resolve to Hold USC and Dr. George Tyndall Accountable for Sexual Misconduct and Cover-Up” – A Post by Lawyer and USC Alum Annika K. Martin

LieffCabraser — Tue, 12 Jun 2018 20:07:08 +0000

On a beautiful spring morning in 2004, on an outdoor stage in view of Tommy Trojan, I accepted my diploma from the University of Southern California’s law school. I was so proud to be a USC graduate that day, and for many days and years after that, as I used my law degree to fight for those who had been harmed by others.

I’m not so proud of USC anymore. Since the news broke last month that USC had let gynecologist George Tyndall continue treating students – as the only gynecologist available to students at the school health center – despite decades of complaints about his behavior, my pride has given way to disappointment and anger.

According to news reports, the school knew about Tyndall’s bad conduct for decades since the 1990s. That means girls I knew, who sat next to me in class, or who stood in line with me to get frozen yogurt at Commons, any of them could have been Tyndall’s victims.

All those years, all those girls whose abuse could have been prevented if the school had just acted on those first complaints it received in the 1990s. Instead, it appears USC simply covered it up and looked the other way, protecting Tyndall – and its own reputation – instead of protecting the students in its care. Even when federal investigators in 2016 required USC to provide all reports and complaints of sexual harassment against staff and faculty, USC still kept quiet about Tyndall, failing to disclose any of the complaints it had received about him over the decades.

As the story of this awful, avoidable mass abuse continues to emerge, I have been saddened and angered – as a woman, of course, but also as a once-proud USC alum. That’s why I’ve followed this story so closely since the news broke; and that’s why, as a lawyer, I’m so focused on helping the victims hold Tyndall – and USC – accountable.

Our school must own up to the harm and pain it caused to all our sister-students that it knowingly failed to protect from Tyndall. The leaders of our school must take a long hard look at how and why this could – and did – happen, and make sure it never happens again. And our school must compensate victims for the harm they suffered. Of course, no amount of money damages can undo what Tyndall, with USC’s knowledge and protection, did to all these girls. But money is the only language that institutions speak, and money damages are the only way to communicate to institutions – like USC, like Kamehameha, like Michigan State – that this will not be tolerated; this will not go unpunished; and this must never be allowed to happen again.

Annika K. Martin is an attorney at Lieff Cabraser Heimann & Bernstein. Annika represents USC students in litigation to hold Tyndall and USC accountable. She can be reached at akmartin@lchb.com or 800-541-7358.

Recorder Q&A With Kelly Dermody on Employment Cases, Gender Pay Disparities, and the Future

LieffCabraser — Mon, 04 Jun 2018 18:06:27 +0000

Law.com’s online journal The Recorder caught up with Lieff Cabraser partner and Chair of the firm’s Employment Law practice group Kelly M. Dermody for a substantial and wide-ranging question and answer session published June 1st (subscription). Noting Ms. Dermody’s leadership on equal pay and promotion gender class actions against industry giants like Google and Goldman Sachs, the publication talked to her about arbitration and class waivers, culture and its shaping of the law, and current progress on gender issues, among other topics.

Ms. Dermody was forthright about how easily change could come. “If you really want to fix pay—it’s easy. Just publish everyone’s pay, and the next day you will have employees lined up at HR demanding justifications for pay disparities.” As she further explains, The pushback I hear from management lawyers is, ‘What if we did a serious pay analysis? Then we’ll just get sued by someone like you?’ To that I say, what’s your goal? If your goal is to study pay without fixing gaps, then yes, you’ll get sued. But if your goal is fair pay, you’ll fix the gaps you find and actually comply with the law.”

Ms. Dermody highlights HR departments as a frequent source of problems. “When people come and talk to me, it is almost always after a failed HR experience…. Companies can’t fix their problems if the goal of the department is to stop the employee from being heard.”

Ms. Dermody is hopeful for further progress as the culture faces a potential pivot. “The combination of social media shining a light on bad actors and the credibility that has attached to women’s stories has been powerful. I think women now have a greater sense of confidence that they will be believed when they tell their stories, and a greater propensity to externalize the misconduct directed at them, to expect and demand better treatment and accountability from employers.”

Read the full Q&A session online at Law.com (subscription required).

Impact Fund Guest Blog – Anne Shaver on “Distinguishing Dukes: Another Victory For Employment Discrimination Class Actions”

LieffCabraser — Wed, 30 May 2018 18:41:18 +0000

Lieff Cabraser partner Anne B. Shaver has written a piece for the Impact Fund legal practitioner blog titled “Distinguishing Dukes: Another Victory For Employment Discrimination Class Actions.” The piece looks at the gender discrimination case Chen-Oster v. Goldman Sachs, No. 10-6950 (S.D.N.Y.), wherein the court recently certified a Rule 23(b)(3) class of female vice presidents and associates who challenge Goldman Sachs’ performance evaluation, compensation, and promotion processes, and explains how the Dukes’ cases limits on class actions don’t apply.

Defendant companies often argue that only non-discretionary evaluation measures, such as standardized tests or physical fitness tests, will satisfy commonality under Rule 23(a). “In Chen-Oster, all employees were subject to the same challenged processes, which were implemented firmwide using common, uniform criteria,” writes Shaver. “Therefore, the court found that Plaintiffs had identified a common mode of exercising discretion that pervaded the entire company, notwithstanding the involvement of managers making subjective recommendations.”

Lieff Cabraser serves as Co-Lead Counsel for plaintiffs in the gender discrimination class action lawsuit against Goldman Sachs. The complaint alleges that Goldman Sachs has engaged in systemic and pervasive discrimination against its female professional employees in violation of Title VII of the Civil Rights Act of 1964 and the New York City Human Rights Law.

The complaint charges that, among other things, Goldman Sachs pays its female professionals less than similarly situated males, disproportionately promotes men over equally or more qualified women, and offers better business opportunities and professional support to its male professionals.

Read the full “Distinguishing Dukes: Another Victory For Employment Discrimination Class Actions” piece here.

Learn more about the Goldman Sachs gender discrimination class action lawsuit.

About the Impact Fund

The Impact Fund is an organization whose mission is to provide grants, advocacy and education to support impact litigation on behalf of marginalized communities seeking economic, environmental, racial, and social justice. Learn more at https://www.impactfund.org/

About Anne Shaver

Anne Shaver is a partner in Lieff Cabraser’s San Francisco office with a practice focusing on employment law cases. Anne has taken a leading role in gender class action lawsuits that challenge business practices and work cultures at some of the largest and most powerful companies in the world, including Google and Goldman Sachs. Ms. Shaver’s passion for upholding worker rights has most recently been focused on gender discrimination “impact litigation,” where she represents clients seeking to alter core business practices in ways that transform not just individual companies, but entire industries.

“Supreme Court Deals Blow to Employees Holding Employers Accountable” – Rachel Geman Writes for ACS Blog

LieffCabraser — Tue, 29 May 2018 21:48:17 +0000

Lieff Cabraser partner Rachel Geman has written a piece for the American Constitution Society for Law and Policy (ACS) titled “Supreme Court Deals Blow to Employees Hoping to Hold Employers Accountable.” In the piece, Geman challenges the wisdom of the recent 5-4 Supreme Court ruling in Epic Systems Corp. v. Lewis, where Justice Gorsuch’s majority opinion held that employees’ rights to cooperate in concerted activities under the National Labor Relations Act (NLRA) does not extend to participation in class and collective actions, substituting unfair forced arbitration for the right to have a case heard in open court.

As this decision subverts fundamental employee rights, Geman notes “We, as employee-side lawyers, will have to … push forward until there is a legislative fix at the federal level, or even if there won’t be a legislative fix.” Noting that forced arbitration brings the same negative consequences as nondisclosure mandates that force silence upon individuals who would otherwise bring forward just lawsuits, Geman highlights the importance of continued effort to try to bring justice to employees: “employee-side lawyers will not stop pushing to help employees who are underpaid and otherwise harmed.”

Geman points to local government as a possible new path, as well as increasing awareness of the negative consequences of the forced, confidential arbitration which silences employees, to expanding discussions of mass consumer action, and to searching for new ideas, allies and thinkers, including students and educators.

When it comes to the multiple sins of mandatory arbitration, “Bad employers don’t get the reputational hit of misconduct. Good employers don’t get the benefit. And all employees suffer this way,” observes Geman.

Read the full “Supreme Court Deals Blow to Employees Hoping to Hold Employers Accountable” piece here.

About the American Constitution Society

The American Constitution Society (ACS) is a progressive legal organization whose mission is to promote the vitality of the U.S. Constitution and the fundamental values it expresses: individual rights and liberties, genuine equality, access to justice, democracy and the rule of law.

The ACS believes the law should be a force to improve the lives of all people. ACS works for positive change by shaping debate on vitally important legal and constitutional issues through development and promotion of high-impact ideas to opinion leaders and the media; by building networks of lawyers, law students, judges and policymakers dedicated to those ideas; and by countering the activist conservative legal movement that has sought to erode our enduring constitutional values. Learn more at https://www.acslaw.org/

About Rachel Geman

A partner in Lieff Cabraser’s New York office, Rachel Geman’s practice is dedicated to employment law, consumer protection, and recovering money for the government lost to fraud through False Claims Act litigation. On behalf of her clients, Ms. Geman has filed qui tam suits in multiple courts involving numerous industries that are under investigation, and is presently involved in active litigation involving off-label and kickback claims in the pharmaceutical industry. Her current class action cases involve employment discrimination, consumer civil rights, and consumer protection.