Verrilli v. Olson at SCOTUS, Tech-Unsavvy Lawyers, Judge, Clerk and Work: The Morning Minute
Here's the news you need to start your day.
October 15, 2019 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
DE FACTO THE MATTER - The U.S. Supreme Court this morning is set to hear from four lawyers—for 80 minutes—to resolve a complex dispute over the status of the Financial Oversight and Management Board for Puerto Rico, established by Congress in 2016 to help Puerto Rico recover from a devastating financial crisis. Among the lawyers scheduled to argue: former Obama-era U.S. solicitor general Donald Verrilli Jr., partner at Munger Tolles, who represents the board; and former George W. Bush-era solicitor general Ted Olson, partner at Gibson Dunn, who is counsel to Aurelius Investment, a creditor of the commonwealth of Puerto Rico. The case, which has generated substantial Big Law work, raises appointments clause and "de facto officer" doctrine issues surrounding the board's membership.
BAD DEALS - Lawyers are known for their negotiating savvy, but those skills apparently aren't trickling down to IT purchases. Victoria Hudgins reports that the legal sector's pay margin for IT is the highest compared with other industries, according to a survey by U.K.-based technology service provider Probrand, which combed businesses' technology purchases in 20 industries. The legal industry paid an average margin of 24% for its IT products, compared with 14% paid by all industries.
OUT – Add Davis Wright Tremaine to the list of law firms in hot water over sexual misconduct allegations. As Samantha Stokes reports, Robert Newell, a litigation partner in the Seattle-based firm's Portland office, has resigned after reports that the humanitarian organization on whose board he served, Mercy Corps, failed to adequately address serious sexual abuse allegations against its founder. The Oregonian reported earlier this month that the charity for decades covered up allegations that founder Ellsworth Culver, who died in 2005, sexually abused his daughter.
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EDITOR'S PICKS
Federal Judge and His Clerk Are Redefining Work for Lawyer Moms
What (and Who) to Watch at SCOTUS: Unpacking the New Term With Mayer Brown's Nicole Saharsky
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WHILE YOU WERE SLEEPING
WORKAROUND – U.K.-based insurance law firm DAC Beachcroft has registered its Paris office as an independent organization rather than a branch office, as part of its Brexit contingency planning. Simon Lock reports that the firm's office, which opened in January, was registered as an Association d'Avocats à Responsabilité Professionnelle Individuelle, the French equivalent to an LLP. The structure means the French office is not a subsidiary of the U.K. firm and avoids any formal ties, instead relying on a trade understanding between the two offices.
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WHAT YOU SAID
"The fact that I am Chinese American and have deep ties to Harvard made the case special and more challenging in many ways. The key was to set aside those ties and relationships and try the case as best we could."
— Bill Lee, partner at WilmerHale and senior fellow of the Harvard Corp., who successfully defended Harvard University in a case alleging its undergraduate admissions policy, which considers race as a factor, does not discriminate against Asian Americans.➤➤ Sign up here to receive the Morning Minute straight to your inbox.
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Who Got The Work
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.
Who Got The Work
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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