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Ex-Thelen Employees Try Novel Theory in Suit Against Hiring Firms

Posted Oct 27, 2009 7:05 AM CDT
By Debra Cassens Weiss

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Former Thelen employees are relying on a novel legal theory in their $18 million lawsuit against five law firms that hired some lawyers from the dissolved law firm.

The plaintiffs claim the hiring law firms purchased a portion of Thelen’s business, and are obligated to pay wages due under the federal WARN Act, which requires 60 days’ notice before a closing, the Recorder reports. Staffers only received 30 days’ notice, and they are seeking $6 million for the suit’s WARN Act claim.

The defendants are Orrick, Herrington & Sutcliffe; DLA Piper; Nixon Peabody; Howrey; and Morgan Lewis & Bockius. They claim there was no merger and they have no obligations under the WARN Act.

Wednesday is the anniversary of Thelen’s collapse, the story says.

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