Orrick Represents NBPA in Dispute with Former Executive Director

The Am Law Daily
February.15.2013

This article, about the dispute between former Executive Director Billy Hunter and the National Basketball Players Association (NBPA), identifies employment law partners Lynne Hermle and Joe Liburt among the NBPA’s counsel. An excerpt from the article is included below.

While not accusing Hunter of criminal wrongdoing, the 229-page Paul Weiss report claims he committed ethical lapses and was not transparent when conducting certain NBPA business during his tenure atop the union. In the wake of the Paul Weiss probe the New York–based NBPA has retained Orrick, Herrington & Sutcliffe with an eye toward overhauling its operations, according to our previous reports.

The Orrick partners now advising the union—including labor and employment partners Lynn Hermle and Joseph Liburt in Silicon Valley—are scheduled to be in Houston for Saturday's meeting.

Related Lawyers

Lynne Hermle Partner, Employment Law & Litigation, Wage and Hour

Silicon Valley

See my bio

D:+1 650 614 7422
E: [email protected]

Practice:

Technology & Innovation Sector
Employment Law & Litigation
Wage and Hour
Pay Equity

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Lynne Hermle Partner

Silicon Valley

Lynne has significant experience successfully defending complex discrimination and wage-and-hour class actions for global leaders in the retail and technology sectors including Microsoft, Twitter, The Gap, Genentech, Sears, Burlington Coat Factory, Gymboree, Spencer’s Gifts, Banana Republic, Old Navy, Williams Sonoma and Pottery Barn Kids, among many others.

Lynne led the trial team that obtained a complete defense verdict for Kleiner Perkins in Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense international media scrutiny. In naming Lynne “Litigator of the Week” for this victory, American Lawyer described her effective voir dire and how she “steadily poked holes in Pao’s testimony.” The Recorder called Lynne’s cross-examination “masterful” and Bloomberg reported that her “charismatic, intimidating oratory made her the trial’s breakout star.”

Following Pao, Lynne secured a complete defense verdict for SpaceX in an $8 million gender discrimination and retaliation suit. The Daily Journal called the outcome “another triumph for Hermle,” observing that her “string of successes for tech clients fighting off gender harassment and discrimination claims got longer.” The publication also pronounced Lynne to be “arguably the most feared employment defense attorney in California.” Eight months later she followed that up with another jury defense verdict for SpaceX in a wrongful discharge and retaliation case.

In recognition of these successes and her high-profile career trial work, Lynne was inducted into the American College of Trial Lawyers in 2017. She is a fellow in the International Academy of Trial Lawyers and many other trial related organizations.

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

Silicon Valley

See my bio

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.