California Employment Law Update

Tag Archives: conflict of interest

Lawyers In Putative Class Action Were Properly Disqualified Based Upon Representation Of Another Class

Walker v. Apple, Inc., 4 Cal. App. 5th 1098 (2016) The trial court disqualified the attorneys for a putative class led by Stacey and Tyler Walker based upon the lawyers’ concurrent representation of a certified class in another wage and hour class action (the Felczer class) pending against the same employer (Apple). In its disqualification … Continue Reading

Attorney’s Declaration That He Represented Employer And Employees Should Not Have Resulted In Disqualification

Koo v. Rubio’s Restaurants, Inc., 109 Cal. App. 4th 719 (2003) An attorney representing a corporate defendant in a class action lawsuit concerning allegedly unpaid overtime wages for managers filed a declaration stating that he represented both the employer and its managers. The attorney later clarified that his only intention was to put opposing counsel … Continue Reading

Attorney Should Not Have Been Disqualified From Representing Plaintiff

McPhearson v. The Michaels Co., 96 Cal. App. 4th 843 (2002) Plaintiff’s attorney in this discrimination case (John Riestenberg) had represented another employee of The Michaels Company (Kevin Harris) in a similar lawsuit against the company. As part of his settlement agreement, Harris agreed to keep the terms of the agreement confidential. When Riestenberg filed … Continue Reading
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