Thelen stipulated to the class certification, a decision that the plaintiffs' attorney, Steven A. Blum, had high praise for, according to the National Law Journal: "Thelen law firm was wise enough to see that it made sense to stipulate to class certification so its employees can receive the benefits they are owed in the most administratively efficient method," the Journal quotes Blum as saying.
Of course, Thelen may have just figured that it had nothing to lose. After all, the reason the firm went under was because it didn't have any money and couldn't get its banks to loan it any more. Thelen probably just figures that, even if the plaintiffs are successful, they won't be able to squeeze blood from a turnip.
But Blum has a plan for that. The attorney is already plotting moves against firms that took in Thelen partners as they fled the sinking ship. Nixon Peabody seems like a prime target, as the firm welcomed 90 Thelen refugees last November. Blum seems to want to go after the former Thelen partners, as well as the firms that hired them under a successor company theory.
What do you think? Will he have any luck? And will this strategy only poison the legal job market further by striking fear into the hearts of those considering hiring partners from firms that may have violated WARN?
Judge approves class certification of suit filed by employees of shuttered Thelen (National Law Journal)
Ex-Thelen Lawyers Granted Class Certification (ABA Journal)
Ex-Thelen Employees Granted Class Status (Above the Law)
What You Should Know: The Worker Adjustment and Retraining Notification Act (WARN)
Worker Adjustment and Retraining Notification Act