In the News

KPBS Airs Piece On Local Fight Against Sex Trafficking

The lawyers in our firm are deeply entrenched in the local fight against sex and human trafficking in San Diego County, which a 2013 study by the University of San Diego and Point Loma Nazarene University estimates at $810 million. San Diego’s KPBS has aired this incredible piece about how local law enforcement is partnering with area hotels in the fight against sex trafficking.

Haeggquist & Eck is proud to support Lawyers Club’s Human Trafficking Task Force, which works to raise awareness and address the overwhelming and growing problem of human trafficking in the San Diego region. Since its inception, the HTTF has met with other community partners in San Diego to determine existing gaps in services and other needs, identified its objectives, and created various subcommittees to tackle the issue of human trafficking from all angles. For more information about the Human Trafficking Collaborative, click here.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Haeggquist & Eck Files Class Action Lawsuit Against El Pollo Loco

On August 24, 2015, Haeggquist & Eck, LLP and Robbins Geller Rudman & Dowd LLP filed a complaint alleging violations of the federal securities laws by El Pollo Loco Holdings, Inc. and certain of its officers and/or directors. The class action was commenced in the United States District Court for the Central District of California on behalf of purchasers of El Pollo Loco securities between May 15, 2015, and August 13, 2015 (the “Class Period”).

If you wish to serve as lead plaintiff, you must move the Court no later than 60 days, by October 23, 2015.  If you are a member of this class, you can click here to view a copy of the complaint or join this class action online at http://www.rgrdlaw.com/cases/elpolloloco/.

If you wish to serve as a Lead Plaintiff in this action, please contact plaintiff’s counsel, Amber Eck of Haeggquist & Eck, LLP at (619) 342-8000. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice or may choose to do nothing and remain an absent class member.

The complaint alleges that during the Class Period, defendants made false and misleading statements and/or failed to disclose adverse information about El Pollo Loco’s business and prospects, including that traffic at El Pollo Loco stores, had declined substantially due to the removal of the value items from the restaurants’ menu boards, and that as a result, comparable store sales were not growing at 3%, much less the 3% to 5% the defendants had led investors to believe they would grow in the second quarter of 2015.  As a result of these false and misleading statements and/or omissions, El Pollo Loco securities traded at artificially inflated prices during the Class Period, with the Company’s stock price reaching a high of $25.37 per share.

After the close of trading on August 13, 2015, the Company issued a release announcing its second-quarter 2015 results for the three-month period ended July 1, 2015.  El Pollo Loco disclosed that contrary to defendants’ prior claims of being on track to achieve 3%-5% comparable-store sales increases, second-quarter 2015 “[s]ystem-wide comparable restaurant sales [had grown] 1.3%, including a 0.5% decrease for company-operated restaurants, and a 2.6% increase for franchised restaurants.”  On this news, the price of El Pollo Loco’s shares declined by 20% from its closing price of $18.36 per share on August 13, 2015, to $14.56 per share on August 14, 2015.

Plaintiff seeks to recover damages on behalf of all purchasers of El Pollo Loco common stock during the Class Period.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

Haeggquist & Eck Represents Third Employee To File Claim Against County of San Diego Over County Supervisor Dave Roberts

On June 8, 2015, Haeggquist & Eck (formerly Zeldes Haeggquist & Eck) filed a complaint against the County of San Diego for constructive discharge on behalf of Lindsey Masukawa. Ms. Masukawa was San Diego Supervisor Dave Roberts’ former Policy Advisor for Health and Human Services.

A copy of the complaint against the County can be found here.

For Immediate Release: Monday, June 8, 2015

LINDSEY MASUKAWA STATEMENT REGARDING CONSTRUCTIVE TERMINATION CLAIM 

(San Diego) – Note: the following is the only statement to be made by Lindsey Masukawa regarding the claim being filed today on her behalf against the County of San Diego and Supervisor Dave Roberts. Neither Ms. Masukawa nor her attorneys will be available for questions.

“It was not an easy decision for me to step forward and file this claim. After enduring what I felt was unethical conduct for more than two years, I was asked to lie about what I know to be the truth: during my tenure at the County Supervisor’s Office, Supervisor Roberts’ focus was clearly not on serving the people of San Diego, but rather on his aspirations for re-election and higher office.”

“When I was asked by Supervisor Roberts to lie to the County’s human resources department in exchange for a raise and promotion, I had no choice but to resign. This decision was devastating to me. Not only had I dedicated my professional life to public service so that I could give back to my community, I truly believed in our political system. I left the district office of a prominent Assembly Member to work at the County so I could fulfill my personal call to community service through policy work. I believe I represented the Supervisor and the County with the utmost professionalism, and that I made a meaningful contribution to some of the top health issues affecting residents. Once I resigned, my intention was to move forward to a more positive work environment in a capacity that would allow me to continue serving the community. I attempted to leave my position in the Supervisor’s office as graciously and quietly as possible.”

“In my resignation letter, I focused on my position and the policy work I was hired to do. I stand by that work. I chose not to talk about the hostile work environment and unethical working conditions I had experienced, largely out of fear of retaliation from Supervisor Roberts and the concern that he might compromise my career as a public servant and policymaker. However, as events unfolded at the County, I recognized that I would not be able to remain silent. I had been named in the claims of my former colleagues, and what had happened to me at the Supervisor’s office was called into question. Moreover, I felt compelled to come forward because the Supervisor’s remarks refuting these claims are not true. I can affirm many of the statements my colleagues made. However, I also feel strongly that media platforms are not the correct arena for these disputes. Through a formal claim process and any due process that occurs, these matters will be appropriately heard.”

“I engaged the law firm of Zeldes Haeggquist & Eck, LLP to represent me in this process – to fully protect myself from the unanticipated consequences of my constructive termination. Any communications should be directed to them. However, as I believe in letting the wheels of justice take their course, neither I nor my lawyers will be doing any interviews or making any further statements at this time.”

Alreen Haeggquist

Representing Ms. Masukawa

June 8,

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

H&E Law Featured in the San Diego Daily Transcript’s 2015 Women of Influence Special Edition

Haeggquist & Eck has gone up against some big names, including Apple, Sony and Trump University. The San Diego-based law firm represents employees who are wrongfully terminated, retaliated against, or experience workplace discrimination and harassment. In addition, the firm handles consumer fraud, securities and employment class actions.

Stepping up for people in need is a motivating force for Helen Zeldes, Alreen Haeggquist and Amber Eck.

“At our firm, we share a passion to speak up on behalf of those who don’t have a voice,” Zeldes said. “As women who live in a democratic country where we can exercise our civil rights, we feel it is a privilege to do so for our clients.”

The partners met while working at the nation’s largest plaintiff’s class-action firm, Robbins Geller Rudman & Dowd LLP (“Robbins Geller,” formerly known as “Lerach Coughlin” and “Milberg Weiss”). Zeldes and Haeggquist left to start their new practice in 2008, and Eck joined them in March 2010. The firm has since grown to six attorneys, including one of counsel, and two support staff. In June, the team will move to new offices in the NBC Building downtown. Clients are serviced nationwide depending on a practice area, such as consumer class actions and securities. Employment cases are primarily litigated in San Diego.

Clients around the country are thankful they’ve had the only all-female-partners plaintiffs’ law firm in San Diego on their side. Each partner points with pride to particular cases that had positive outcomes.

“When I was in law school at the University of Hawaii, I was a paid intern on a human-rights case on behalf of Burmese refugees. It was a very inspiring case that motivated me to do the kind of work that I do,” Zeldes said. At Robbins Geller, Zeldes and Haeggquist worked for many years in the consumer, antitrust and insurance fraud class-action practice group. Zeldes was instrumental in litigating a series of nationwide senior annuities fraud class actions in which Lerach Coughlin was appointed co-lead counsel.

At Robbins Geller, Haeggquist participated and played an instrumental role in the successful prosecution and settlement of numerous antitrust and unfair competition cases.

“Now, I primarily represent employees who have been discriminated against or harassed by their employers.” Haeggquist said. “I’m always proud when we obtain a recovery that changes the employee’s life, so they can move forward and get past the conduct they, unfortunately, had to endure.”

Eck was a partner for 12 years at Robbins Geller. She litigated many shareholders and derivative class actions, resulting in substantial recoveries for investors, and extensive corporate governance changes.

“I have had the opportunity to stand up for clients’ rights in a wide variety of situations,” said Eck, “from shareholders harmed by securities fraud, to victims of real estate investing scams, unethical timeshare practices, or other consumer scams, to employees who have been treated unlawfully and unfairly. It is often challenging, but is extremely rewarding.”

The partners credit other women for influencing their decision to pursue legal careers.

“My mom was a very strong and outspoken woman and because of her, it always occurred to me to speak up,” Zeldes said. “I come from a family with a background in activism. My grandfather was active in the civil-rights movement and my mom always encouraged us to speak up to injustice.”

“My mother also inspired me to stand up,” Haeggquist said. “However, it was her passivity — witnessing her failure to stand up when she needed to — that gave me the motivation to stand up for others, ever since I was a young girl.”

“I was fortunate to have the support and encouragement of several strong women in my career, from my law school mentor and professor Jane Cohen, to my mom and my aunt, Harvard professor and author Diana Eck, and my colleagues Anita Laing and Mary Blasy,” said Eck.

All mothers of children younger than age 11, the partners are active in their profession and the community. Zeldes serves on the advisory board of the Girls Thank Tank, which works on behalf of the homeless community in San Diego.

Haeggquist is a founding board member of GTT, is on the advisory board of GTT, on the board of Consumers Attorneys of San Diego, and is co-chairwoman of its Community Outreach Committee. Eck has been active in the legal community as a member of the Enright and Welsh Inns of Court, and in her local community as a Girl Scout leader, Deacon and GATE District Advisory Council representative.

“We create a really positive environment for ourselves and our employees,” Haeggquist said. Zeldes Haeggquist and Eck walk their talk. “We go the extra mile to take care of our employees, host special events for them and encourage our staff to join us in activities that give back to our community.”

Read Full Article PDF Here

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!

The U.S. Department of Justice Agrees To Help Protect Transgender People

In a memo, dated December 15, 2014, the U.S. Department of Justice publicly acknowledged it will now bring claims against public employers on behalf of workers who have been discriminated against because they are transgender.

At play is the Civil Rights Act of 1964.  Previously, the Justice Department interpreted Title VII of the Civil Rights Act, which prohibits discrimination on the basis of sex, as not covering people who do not present as the gender associated with the sex they were born with.  Reversing the department’s earlier position, the Justice Department will now interpret the Civil Rights Act as extending to protect discrimination claims based on gender identity.

The department’s decision follows closely on the heels of the executive order President Barack Obama signed in July 2015 making it illegal for federal contractors to discriminate on the basis of sexual orientation or gender identity.

We are glad to see the government striving for consistent treatment of claimants throughout the government system.  While the Justice Department cannot file suit against private employers, effective January 1, 2012, private employees became protected from discrimination based on “gender identity” and “gender express” under the Fair Employment and Housing Act (“FEHA”), which allows for a private right of action.  “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

If you feel you have been discriminated against because of your gender identity, give the attorneys at Zeldes Haeggquist & Eck, LLP a call at (619) 342-8000 or contact us online.

Jive Software, Inc. (NASDAQ: JIVE)

Haeggquist & Eck a shareholder and consumer rights litigation firm, has commenced an investigation into Jive Software Inc. (“Jive Software” or the “Company”) (NASDAQ: JIVE) to determine whether Jive Software and the Company’s Officers and Directors have violated the federal securities laws or breached their fiduciary duties owed to the Company and its shareholders.

Jive Software is a Palo Alto, California based company which provides a social networking platform (the “Jive Platform”) that allows its users to create their own personal profiles, link with their co-workers, and join common interest user groups. The Jive Platform is a Facebook equivalent for use within companies.

The investigation focuses on whether Jive Software failed to disclose that its fourth quarter operating losses were dramatically increasing as a result of substantial increased spending on marketing and sales, while at the same time it was suffering a dramatic decrease in new customer growth, despite the increased spending on sales and marketing.

Specifically, while Jive Software’s 4Q 2011 revenues had increased just 53% over 4Q 2010, its operating expenses had more than doubled during that same period on a year-over-year basis, and as a result, its operating losses had skyrocketed by 85% during the fourth quarter of 2011, significantly outpacing the growth in revenue.

What You Can Do

If you purchased shares of Jive Software, you may have legal claims against the Company and/or its Officers and Directors. If you wish to discuss this investigation, or have questions about this notice or your legal rights, please contact attorney Amber L. Eck. There is no cost to you.

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