Irell & Manella's Pivotal Moment, Fifth Circuit Nominee, SCOTUS Passes on Facebook Case: The Morning Minute
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May 19, 2020 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
UPWARD – Cory Wilson has been deemed "well qualified" by the ABA for a seat on the Fifth Circuit ahead of his expected hearing before the Senate Judiciary Committee later this week. As Jacqueline Thomsen reports, Wilson was originally nominated by President Trump for a judgeship in the Southern District of Mississippi and faced senators at a hearing for that seat in January. But he was elevated for consideration for the Fifth Circuit after Trump's original nominee for the seat, Judge Halil Suleyman "Sul" Ozerden, fell flat with Republicans over questions on his religious liberty credentials.
DOWNWARD – Irell & Manella is at a turning point. Defections have syphoned off millions in revenue, and rainmaker Morgan Chu is carrying much of the weight of the Los Angeles-based IP boutique. As David Thomas and Dylan Jackson report, the situation is reminiscent of a rough patch the firm hit around 2015. Last year, profits per equity partner dropped by more than 25%—from $3.63 million in 2014 to $2.68 million.
NEW ROLE – President Trump plans to nominate Justin Herdman, the top federal prosecutor in Cleveland, as the U.S. attorney in D.C., putting the former Jones Day partner in line to lead an office reeling from the DOJ leadership's unusual interventions in the cases of Roger Stone and Michael Flynn. As C. Ryan Barber reports, Herdman, if confirmed, would take charge of the largest U.S. attorney's office in the country. The tenure of Timothy Shea, the interim U.S. attorney, is set to expire this summer.
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EDITOR'S PICKS
SCOTUS Passes on Facebook Fight Over Criminal Defendants' Social Media Access
Can Firm Tech Help Corporate Legal Bring Employees Back to the Office?
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WHILE YOU WERE SLEEPING
NEW RULES – Several top law firms in Milan have begun lifting restrictions and reopening offices on a limited basis although remote working is still being recommended. As Varsha Patel reports, wearing masks is the general rule for lawyers and staff other than those in single occupancy rooms. Other strategies following the spread of the pandemic in the area include dividing lawyers into two teams who never meet, with one team going in two days of the week and another going in for the remaining three days, before switching the following week.
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WHAT YOU SAID
"This is as strange for us as it is for you."
— Matthew Pearson, a lawyer at Pearson Legal in San Antonio, speaking to potential jurors in one of the first proceedings of its type in which a jury pool was invited to a Texas court proceeding over video teleconference.➤➤ 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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