Bottini & Bottini Inc.

Frank Bottini Interviewed on Bloomberg TV About Google Lawsuit

On January 11, 2019, Frank Bottini was interviewed by Emily Chang, host of Bloomberg TV, about the new Google case. Click here to watch the video. https://www.bloomberg.com/news/videos/2019-01-11/google-board-sued-for-h...

Historic $310 Million Settlement in Google Shareholder Derivative Lawsuit Announced

On Friday, September 25, 2020, Bottini & Bottini announced a historic $310 million settlement to resolve litigation related to sexual harassment and misconduct. The settlement, which provides for significant changes to company policy and commits Alphabet to spend $310 million on diversity, equity and inclusion efforts, is the largest and most holistic settlement in a shareholder derivative case stemming from sexual misconduct or harassment.

“This historic settlement, being announced on a day when the Hon. Ruth Bader Ginsberg is lying in State, will help protect female workers at Google and throughout Silicon Valley for years to come,” said Frank A. Bottini, Co-Lead Counsel for the Plaintiffs.

Elon Musk Sued For Manipulation of Twitter Stock

Bottini & Bottini has filed suit against Elon Musk on behalf of Twitter shareholders. After agreeing to buy Twitter for $54.20 per share on April 25, 2022, Musk has repeatedly issued false statements about Twitter, causing its market capitalization to decline by more than $8 billion

$117 Million Settlement Announced in PG&E Fire Victim Trust action

On September 29, 2022, a $117 Million settlement was announced in a case against PG&E's former officers and directors. Bottini & Bottini is one of the counsel representing the plaintiff, the PG&E Fire Victim Trust

Bottini & Bottini Appointed Co-Lead Counsel in Twitter case

By Order dated April 24, 2023, the Hon. Charles Breyer appointed Bottini & Bottini to serve as Co-Lead Counsel in the Twitter securities fraud class action lawsuit. Click on Cases/Twitter for more information about the case

Bottini & Bottini Appointed Lead Counsel in Tattooed Chef securities fraud class action

By Order dated March 24, 2023, the Hon. George Wu of the United States District Court for the Central District of California appointed Bottini & Bottini to serve as Lead Counsel for Plaintiff and the Class. Click on Cases/Tattoeed Chef for more information.

Court Upholds Claims Against Elon Musk Concerning Twitter Buyout

On December 11, 2023, the Court upheld Plaintiffs' complaint against Elon Musk, which alleges Musk made false statements in connection with his 2022 buyout of Twitter. The case will now proceed to discovery.

Bottini & Bottini Obtains Injunction Against TuSimple Founder Mo Chen

Bottini & Bottini has obtained a TRO enjoining TuSimple Founder Mo Chen and others from transferring the Company's IP and cash to China. On January 23, 2024, B&B obtained a TRO from the U.S. District Court for the S.D. Cal. See the TuSimple case under "Cases" for more information

California Adopts New Protections for Employees and Whistleblowers

On October 8, 2023, California Governor Gavin Newsom signed into law SB 497, the “Equal Pay and Anti-Retaliation Protection Act.” The new law makes it easier for employees to prove retaliation under Labor Code sections 98.6, 1102.5, and 1197.5.

Under SB 497, a “rebuttable presumption of retaliation” is established in favor of the employee if an employer takes “adverse employment action” against an employee within 90 days of the employee engaging in protected activity covered by sections 98.6, 1102.5, and 1197.5 of the Labor Code. The law becomes effective on January 1, 2024, and sets forth a significant shift in California’s employment landscape.

The Current Scope of California’s Anti-Retaliation Provisions
Generally speaking, section 98.6 prohibits retaliation against employees who file wage claims with the Labor Commissioner or under the Private Attorneys General Act (PAGA), section 1102.5 prohibits retaliation against employees who report violations of the law, and section 1197.5 prohibits retaliation against employees who raise concerns under the California Equal Pay Act.

Currently, when a retaliation claim is brought under the above Labor Code provisions, courts apply a three-step “burden-shifting” analysis. First, the employee must show: (1) they engaged in protected activity; (2) they experienced an adverse employment action (e.g., demotion, suspension, termination, etc.); and (3) the protected activity and adverse action are connected. Second, once the employee has established these elements, the employer must identify a legitimate, non-retaliatory reason for the adverse employment action. Third, the employee must then prove that the employer’s non-retaliatory reason was false.

Changes to the Retaliation Landscape
SB 497 introduces a crucial change by creating a rebuttable presumption that an employer has retaliated against an employee if an employer takes an adverse action against an employee within 90 days of the employee engaging in protected activity (e.g., filing a claim, complaining to Human Resources, testifying on behalf of another employee, etc.). In effect, the law eliminates the first step of the burden-shifting analysis noted above whenever the employee can show that an adverse employment action occurred within 90 days of protected activity. If the employee can make this minimal showing, the employer must then provide a reason for why the adverse action was not retaliatory and, as the final step, the employee must still show that those reasons were false.

The new law also increases penalties for employers who are found to have retaliated against an employee for activity protected under Labor Code section 1102.5, making the employer liable for a civil penalty of up to $10,000 per employee for each violation. This penalty is in addition to any other remedies already available to the employee. Furthermore, SB 497 makes clear that employees cannot be retaliated against for disclosing their wages to colleagues or inquiring about another employee’s wages.

Recommendations to Employees
In light of SB 497, employees who have been retaliated against or mistreated by their employers may have important legal rights, and should consult with an attorney. We do not recommend that your speak with your employer, since most employers who are engaging in unlawful conduct will fire or retaliate against employees who raise suspicions of wrongdoing. Contact Bottini & Bottini for a free consultation of your legal rights.