Feeds

Silicon Valley wage collusion case will go to court

Judge Koh smacks down Google, Intel, Apple and Adobe

The essential guide to IT transformation

Silicon Valley companies will be lining up in front of Judge Lucy Koh to defend themselves over their notorious anti-poaching agreements at the end of May, after the judge denied their attempt to have the case tossed out.

Judge Koh has slapped down the attempt by Apple, Google, Intel and Adobe seeking summary judgement in the case, in a decision posted here at Scribd.

The judge notes that the plaintiffs “have presented sufficient evidence that tends to exclude the possibility that Defendants acted independently” regardless of whether or not there is “a plausible and justifiable reason for their conduct that is consistent with proper business practices”.

In the decision, Judge Koh notes that the agreements reached as far as Pixar and Lucasfilm, while “Google maintained an explicit do-not-cold-call list that grouped Apple, Intel, and Intuit together”.

Sheeting the collusion home to executives like Eric Schmidt and the late Steve Jobs, Koh lists a litany of incidents including Schmidt terminating a recruiter “within the hour” for calling an Apple engineer, and Jobs calling Intuit's Bill Campbell, “pissed that we are still recruiting his browser guy”.

The decision also outlines evidence that the companies shared confidential information about pay scales for engineers, which would help them deal with the way that Google in particular was seen as driving up Silicon Valley salaries.

Not everybody took part in the no-hire agreement: last week, Facebook's Sheryl Sandberg said the social network rebuffed Google's approaches.

“The similarities in the various agreements, the small number of intertwining high-level executives who entered into and enforced the agreements, Defendants’ knowledge about the other agreements, the sharing and benchmarking of confidential compensation information among Defendants and even between firms that did not have bilateral anti-solicitation agreements, along with Defendants’ expansion and attempted expansion of the anti-solicitation agreements constitutes evidence, viewed in the light most favourable to Plaintiffs, that tends to exclude the possibility that defendants acted independently, such that the question of whether there was an overarching conspiracy must be resolved by a jury,” the decision states.

Judge Koh's decision means the lawsuit should commence on May 27. ®

The essential guide to IT transformation

More from The Register

next story
GCHQ protesters stick it to British spooks ... by drinking urine
Activists told NOT to snap pics of staff at the concrete doughnut
Britain's housing crisis: What are we going to do about it?
Rent control: Better than bombs at destroying housing
Top beak: UK privacy law may be reconsidered because of social media
Rise of Twitter etc creates 'enormous challenges'
Redmond resists order to hand over overseas email
Court wanted peek as related to US investigation
What do you mean, I have to POST a PHYSICAL CHEQUE to get my gun licence?
Stop bitching about firearms fees - we need computerisation
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
NZ Justice Minister scalped as hacker leaks emails
Grab your popcorn: Subterfuge and slur disrupts election run up
We need less U.S. in our WWW – Euro digital chief Steelie Neelie
EC moves to shift status quo at Internet Governance Forum
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?