Sears Wins Two Motions to Compel Individual Arbitration of Class Actions

Law360
December.04.2014

Joe Liburt, David Smith and Melissa Hammock of Orrick’s Employment law & Litigation team are identified as counsel to Sears in two successful motions to compel individual arbitration in overtime class actions.

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Joseph Liburt Partner, Employment Law & Litigation, Wage and Hour

Silicon Valley

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D:+1 650 614 7447
E: [email protected]

Practice:

Technology & Innovation Sector
Employment Law & Litigation
Wage and Hour
Discrimination, Harassment & Retaliation
ERISA & Benefits Litigation

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Joseph Liburt Partner

Silicon Valley

Clients turn to Joe again and again as a creative problem solver and trusted advisor in helping them achieve their goals quickly and efficiently.

For example, in a wage class action for Sears, Joe quarterbacked an unusual strategy to dismiss the case. The team discovered that the plaintiff had filed for bankruptcy, and filed a motion to dismiss because the plaintiff no longer owned the lawsuit, the bankruptcy trustee did. But the plaintiff argued he might re-acquire the lawsuit in bankruptcy court, and the district court allowed him to try. In the bankruptcy court, Joe had Sears buy the lawsuit (an asset of the plaintiff’s bankruptcy estate) for a nominal amount, and then returned to the district court where Sears, now the owner of the class action against itself, dismissed the case with prejudice.

In Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense national scrutiny, Joe led the trial team's work on jury instructions and expert witnesses.

Joe is praised by clients, co-counsel and colleagues for his collaborative approach and ability to bring out the best work from the team.

Related Areas

Employment Law & Litigation