Undoing Dues, Change is Hard, Strong Assets: The Morning Minute
Here's the news you need to start your day.
February 15, 2019 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
|DUES BLUES - Paying bar dues is a drag, and the recent U.S. Supreme Court decision striking down the requirement that nonunion public-sector employees fork over their “fair share” costs for collective bargaining is spurring court challenges to those mandatory fees imposed on lawyers. Marcia Coyle reports that separate challenges are underway in Oregon and there's a pending appeal—revived by the justices—unfolding in the Eighth Circuit involving a challenge from North Dakota. Meanwhile, the president of the Texas state bar is raising questions about mandatory dues.
HMMPH - There's no pleasing some people. Ross Todd reports that proposed changes to the Federal Rules of Civil Procedure regarding depositions of corporate representatives have irked both sides of the bar, it seems. The change would require parties to confer on the number of topics covered and the identity of each person an organization designates to testify. Among other things, plaintiffs lawyers don't like the limit on topics, and defense attorneys don't want to be boxed in early in the process on who will speak for the company.
MANAFORT MYSTERY - U.S. District Judge Amy Berman Jackson, who foundthat former Trump campaign chairman Paul Manafort intentionally lied to the Robert Mueller team after agreeing to cooperate in the investigation of Russian interference in the 2016 election, is expected today to release a transcript of a previously sealed hearing regarding his breach of the plea deal. Jackson on Wednesday said prosecutors are no longer bound to the terms of the agreement and do not need to argue for a reduced prison sentence. Sentencing is set for March 13.
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EDITOR'S PICKS
|There Isn't Going to be an Elite Transatlantic Law Firm Merger
BIC Sparks Federal Investigation Into Alleged Counterfeit Lighters From China
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WHILE YOU WERE SLEEPING
|J'ACCUSE! French law firm Fidal is poised to file suit against KPMG after the accounting giant hired 144 of its lawyers, including 26 partners. Rowan Bennett reports that Fidal is expected to sue on the basis of unfair competition, based on either E.U. law that states a firm cannot abuse its majority position in a market or on a French civil liability law that allows companies to make cases for unfair competition.
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WHAT YOU SAID
“You don't have a double-digit increase in revenues and profits without having most of your strong assets performing extremely well.”
— JOSEPH LECCESE, CHAIRMAN OF PROSKAUER ROSE, ON THE 2018 PERFORMANCE OF THE LAW FIRM, WHICH REPORTED A NEARLY 10 PERCENT INCREASE IN GROSS REVENUE TO ALMOST $1 BILLION.
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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