DLA Piper Delivers Sharp Retort, Risperdal Recusal?, Lawyers Meh Over AI: The Morning Minute
Here's the news you need to start your day.
October 30, 2019 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
VOLLEY - DLA Piper has submitted its first formal response to claims by partner Vanina Guerrero that she was the subject of repeated sexual assaults by Silicon Valley rainmaker Louis Lehot, highlighting a letter she emailed to herself saying that offering "friendship w/o anything" would allow her to "control" him. Dan Packel reports that the firm's 122-page response to her charge last month with the EEOC appends nearly 100 pages of emails and photographs, which, the firm argues, "show that Ms. Guerrero was a willing participant in a lengthy emotional flirtation with Mr. Lehot that she orchestrated to advance her career."
HURDLE – Judges in at least two prominent MDL proceedings have ordered lawyers to prescreen some of the lawsuits through an "initial census" process, a requirement the defense bar likes. Amanda Bronstad reports that the early vetting process is different from the usual lengthy MDL "fact sheets," and instead specifically requires plaintiffs to show evidence of exposure and harm—such as a copy of a prescription and a doctor's report showing suffering from a side effect. The two cases involve Juul e-cigarettes and 3M earplugs.
BIAS? The Philadelphia judge who oversaw the Risperdal trial that resulted in an $8 billion award earlier this month is set to hear arguments this morning about whether he should withdraw from the case as defendants fight the verdict on appeal appeal. Philadelphia Judge Kenneth Powell scheduled the hearing after the defendant, Johnson & Johnson, filed a motion saying the judge showed a pro-plaintiff bias when he allegedly high-fived and took photos with some jurors in the wake of the plaintiff's multi-billion dollar win.
TILLERSON TESTIMONY – Former U.S. Secretary of State Rex Tillerson is expected to testify in New York state court today during the second week of the New York AG's trial against ExxonMobil, where Tillerson was chair and chief executive for a decade. Exxon is accused of misleading its investors by underestimating the effects of climate change and related regulation on its business by billions of dollars.
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EDITOR'S PICKS
Jones Day Remains Locked in Court Battle With Plaintiffs Suing Firm Over Bias Claims
LA's Turbulent Law School Market Could Take Another Hit
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WHILE YOU WERE SLEEPING
LAGGING – The lawyer regulator body in England and Wales says that it will boost its oversight of law firms there after finding that one in five firms was not complying with money laundering regulations. Hannah Roberts reports that the regulator warned of a tougher stance on noncompliance after it found that 21% of some 400 firms it was in contact with did not address all the risk areas required or sent over something other than a firm risk assessment.
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WHAT YOU SAID
"Being a jerk in family law can lose you business."
— Fred Hertz, a solo practitioner in Oakland, California, on how family law attorneys tend to be more civil to each other than in other practice areas.➤➤ 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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