Last year we wrote about the Lola v. Skadden Arp case wherein contract attorney, David Lola, brought suit under the Fair Labor Standards Act (“FLSA”) for overtime pay. (See When Do Contract Attorneys “Practice Law”? and What Exactly is The Practice of Law). In or around December 16, 2015, the Lola case was settled and, on December 22, Judge
In a case that helps clarify what discovery-specific activities constitute the practice of law, District Court Judge Richard Sullivan – a judge in the Southern District of New York – ruled that contract attorneys performing document review for a law firm are not entitled to overtime pay because they are engaged in legal work.
Specifically, the case involved a collective