Lawyers
for a group of software engineers accusing Apple, Google and five other tech stalwarts
of entering into "gentlemen's
agreements" not to compete for each other's employees filed a heavily
redacted class certification motion on Monday.
The former employees asked U.S. District Judge Lucy Koh of San Jose to certify
a class of more than 100,000 salaried workers employed by the companies between
2005 and 2009.
“Plaintiffs have evidence capable of demonstrating that the compensation of all class members was suppressed due to the alleged conspiracy,” wrote plaintiffs attorney Kelly Dermody, a partner at Lieff Cabraser Heimann & Bernstein, in the 33-page motion.
The motion also asked Koh to certify Lieff, Cabraser and the Joseph Saveri Law Firm as co-lead class counsel.
The suit was filed on the heels of a 2010 settlement between the defendants and the U.S. Department of Justice, which found that their agreements not to cold-call each other's workers did violate federal antitrust law. The companies admitted no wrongdoing, but they agreed not to enter into similar agreements in the future.
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