It's Time to Track Your Firm's Diversity Data | Why Ohio's a Business Interruption Litigation Hotspot | Electric Plane Company Goes Public Via SPAC Merger: The Morning Minute
The news and analysis you need to start your day.
February 12, 2021 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
DIVERSITY DATA DEEP DIVE - Coca-Cola GC Bradley Gayton made waves in late January in unveiling a new set of diversity standards for outside firms working with the company. According to the new guidelines, law firms must provide Coca-Cola with self-identified diversity data for a quarterly analysis of the diversity of teams working on the company's matters. But, as Law.com's Zach Warren writes in this week's Law.com Barometer newsletter, Coke is just the beginning, as more and more clients are going to begin demanding that their outside counsel maintain measurable diversity metrics. That means law firms need to get started on learning what to track and how to track it ASAP. "Expect to see initiatives like these truly take root within the next year, as diversity data collection becomes more of an operational need within legal," Warren writes. "As the drive for legal diversity becomes an imperative, so too does figuring out the nuts and bolts of how to collect and examine this data." To receive the Law.com Barometer directly to your inbox each week, click here.
OHIO IS FOR LAWYERS - Ohio's state motto is "With God, all things are possible." Maybe that's why so many plaintiffs and defense lawyers are currently looking toward the state with hope that they might receive some guidance, once and for all, on the direction of COVID-19 business interruption insurance litigation nationwide. Or it could be, as Steve Hallo of Law.com's Insurance Coverage Law Center writes, that the Ohio Supreme Court has been asked by a federal judge to decide whether having the coronavirus on a business's property would constitute a compensable "physical loss." In this week's Law.com Litigation Trendspotter column, we assess the landscape of business interruption jurisprudence around the country and look at why a state high court weighing in on the issue could be a big deal nationwide.
CLEARED FOR TAKEOFF - The SPAC attack continues. Archer Aviation, an electric short-flight aircraft developer, is going public via SPAC merger with Atlas Crest Investment Corp. The pro forma equity value of the combined company is roughly $3.8 billion. The transaction, announced February 10, is expected to close in the first half of 2021. Atlas Crest was advised by Kirkland & Ellis. Archer, which is based in Palo Alto, California, was represented by a Cooley team including partners Alfred Browne and David Peinsipp. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
AALS President Is Leaving the Legal Academy for College Presidency By Karen Sloan Why Sidley's Peter Keisler Dropped His Republican Party Affiliation By Marcia Coyle The ABA Blessed Remote Work. Here's How to Navigate Those Rules. By Sarah J. Newman The 3-Word Testimony That Upended a $10.6 Million South Florida Tobacco Verdict By Raychel Lean Majority of US Firms Are Working with ALSPs, With Pandemic Likely Fueling Reliance By Dan Packel|
WHILE YOU WERE SLEEPING
LOCKSTEP AND GONE - The shock departure of Slaughter and May private equity partner Murray Cox to Weil Gotshal & Manges last week raised eyebrows at private equity teams across the U.K., Law.com International's Meganne Tillay reports. Not only was this the firm's third loss to a rival in the last year—an unthinkable number of exits from the partnership in years gone by—but Cox specializes in a central practice area, is relatively young, and is highly regarded by colleagues and rivals alike. For other observers, however, the issue is less about Cox in particular and more about whether the firm is able to hold onto and even attract the best partners in private equity over the longer term if it continues on with its pure lockstep compensation model.
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WHAT YOU SAID
"I always hoped that [former President Donald Trump] would turn out to be an anomaly, and in the public at large, not just the Republican Party, that there would be a broad consensus that he was unfit in every way. Over time, it became clear that there wasn't a broad consensus."
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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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