When I started calling out #Apple in 2021, tons of ex-coworkers contacted me saying some version of: Apple was a huge d*ck, they sued Apple, the #litigation was the worst thing in their entire life & they can't even talk about it. What I'm observing first hand, & can tell you...
One of the biggest issues is litigation "protective orders". Apple's favorite employment defense firm for decades admitted on record she uses them in "every case"
It's a new #NDA with even less rights then the first
2/x - In commercial lit, its expected to have some discovery docs that need to be kept #confidential & returned at the end, and if so the court may issue a sort of ad hoc NDA-type order about those records. In IP cases, may issue a "blanket" order on all docs
The "protective order" can apply to info learned during #discovery, not just docs. Its presented as a procedural tool that explains the process for disputing claims, but also includes a temporary gag order issued at the will of either side
3/x - In a dry IP case, this prob makes sense. You assume its all #confidential by default & people can't just sue a biz to learn their secrets & exploit that info. However, the #Constitution is very clear that logic is irrelevant in public policy cases like #labor disputes
When one side wants to conceal misconduct, they insist on these orders. Then a public policy lawyer fights it. The court has to hear full #FirstAmendment briefing & Judge can't ok an order w/out detailing why its justified.
@ashleygjovik@mastodon.social
4/x - In my case, a Judge admitted on record how the Northern District of California (full big biz) handled this. The Judges all "got together" & wrote a "Model Order" (with terms all favorable to biz interests so they don't fight it), & insist parties use it without any hearing or #FirstAmendment analysis
Last year I realized Apple owned the Court. The Court let Apple violate every rule w/out consequence, criticized me for violating rules that don't even exist, & then slapped a new NDA on me
5/x - I was fighting Apple's Protective Order as soon as I learned how they wanted to use it. Apple's lawyers told me they'd claim my #whistleblower disclosures & #labor complaints are confidential, gag me about it, & raise it all as a "discovery dispute" without evidence or trial
I told the Judge how Apple planned to use it (what Apple's doing now) & Judge said that's wrong, but then issued the Order anyways & abandoned me with Apple's rabid defense counsel
https://storage.courtlistener.com/recap/gov.uscourts.cand.417952/gov.uscourts.cand.417952.307.0.pdf
6/x - I was curious how Apple was silencing my ex-coworkers during litigation. I assumed #settlements, but this was still occurring after CCP § 1001. Maybe Apple gets these POs in "every case" & uses it as a legal basis to get a permanent gag order on the worker's complaints?
& coworkers said they couldn't tell me what Apple did to them
Right now, Apple's claiming I "leaked" by telling you what they did during litigation, in using that PO to gag me about my #complaints
https://x.com/ashleygjovik/status/2024305000189743571
X (formerly Twitter)
Ashley M. Gjøvik (@ashleygjovik) on XApple has now *emailed* a federal court demanding an urgent conference to have me sanctioned for posting on social media & my website about Apple's NLRA violations, directly citing my NLRB charges, & claiming again that my menstruation is somehow Apple's intellectual property.
7/x - Apple's modus operandi seems to be: get a Protective Order, use it to claim the employee's protected activity/traits & Apple's misconduct are all secret, raise the secrecy claim as vague discovery dispute, get uninvolved Judge to skim over brief letter, gag the worker, & pre-decide the case
Once Apple gets a discovery Judge to endorse its defense (ie, legitimizing its retaliation & harassment of the employee) now contingency plaintiff counsel wants to settle asap & gag order is permanent.
