Associates' Arrested Development; Insurers Emboldened by Lack of Trials; A Trademark Battle in the Cannabis Industry: The Morning Minute
The news and analysis you need to start your day.
August 31, 2020 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
ARRESTED DEVELOPMENT – At a time when law firms are (or at least say they are) more concerned than ever about keeping associates engaged, it seems like many are doing a pretty subpar job of actually engaging associates. As Patrick Smith reports, practice leaders are noticing a trend of delayed full utilization, often brought about by lack of opportunity and direct mentorship. The result may be a generation of associates whose professional growth has been stunted. It's not all law firms' fault, however: the trend predates, but was undoubtedly accelerated by, COVID-19, which has led to training program budget cuts and less face time between associates and partners. "Slowly, over the last five to seven years, we were seeing a slower uptick in the productivity of brand new lawyers," said Stephen D'Amore, co-chair of Winston & Strawn's litigation department. "It was taking longer for them to be fully utilized than what I remember. It was already a trend, and I think the pandemic-related shutdowns exacerbated that."
HARDBALL GETS HARDER – Last week in this space, we told you about a Miami personal injury lawyer who, without the benefit of a looming trial date to lean on, was forced to get creative in tough settlement negotiations with an insurer. He was far from the first plaintiffs lawyer to note that, as the pandemic has made trials more scarce, insurers have gotten less scared—and, consequently, less willing to resolve cases in a timely manner. In this week's Law.com Trendspotter column, we look at the resistance plaintiffs attorneys say they've run up against from insurance companies in recent months and the ways in which some have been able to regain leverage at the bargaining table, even with court calendars still mostly clear.
CANNA GET A DECLARATORY JUDGMENT? – Two companies in the cannabis industry are fighting over whether one should be allowed to trademark the sort-of-word "canna," which rolls right off the tongue, as shorthand for the actual word "cannabis," which is obviously a mouthful. Now it's up to the Colorado District Court to decide who can and can't use "canna." Dorsey & Whitney filed a trademark lawsuit Friday in Colorado District Court on behalf of Growcentia Inc., a company specializing in products to support cannabis and hemp cultivation. The complaint seeks a declaratory judgment in a dispute with Netherlands-based Jemie B.V. over Growcentia's new CannControl fungicide. The complaint says "Jemie's assertions of exclusive and expansive rights in the word 'canna'…is akin to an entity claiming exclusive and expansive rights in the term 'auto' throughout the automotive industry." Counsel have not yet appeared for the defendant. Read the full complaint and stay up to date on major litigation nationwide with Law.com's Legal Radar.
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EDITOR'S PICKS
Newly-Released FBI Files Shed Light On 2008 Cyberattack Targeting 4 Big Law Elites
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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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