Why Legal Automation Will Only Accelerate Post-COVID | Courts Can't Agree on Contract Claims in Tuition Reimbursement Cases | Gilead Sued Over Allegedly Toxic HIV Drugs: The Morning Minute
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April 09, 2021 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
TRUST THE PROCESS? - In our Law.com Trendspotter column earlier this week, we noted that it's likely only a matter of time before some law firms go too far in their quest to cure staffing inefficiencies, either by underestimating the value of their human administrative staffs or overestimating their lawyers' willingness to embrace technology and take on more nonbillable tasks. Seems like that may happen sooner rather than later. As Rhys Dipshan writes in this week's Law.com Barometer newsletter, law firms and legal departments' pandemic-fueled zeal for automating more of their workflows and processes will likely only intensify in the coming months and years. In many ways, that's not only necessary but long overdue. As Dipshan notes, the pandemic afforded law firm and in-house leaders with a much-needed, albeit unexpected, opportunity to rethink the way they and their colleagues traditionally worked. But, Dipshan also writes, automation's effect on the job market "won't be negligible—and can't be ignored": "Some tasks are just too complex, and some technology is just not mature enough to handle certain workflows. But the trajectory is already set. And the change automation brings will likely come faster, with a more immediate impact, than many have expected." To receive the Law.com Barometer directly to your inbox each week, click here.
CLASS WAR - Class actions by students seeking tuition reimbursements from colleges and universities that went remote during the pandemic continue to hinge on whether the schools were contractually obligated to provide in-person instruction. But judges across the country have so far had very different answers to that question. "I would have told you 15 years ago these claims have no chance, but today I can't be that predictive—you may see some judges who think, well, promises were made and representations made, there's some contract," Peter Lake, a professor at Stetson University College of Law in Gulfport, Florida, told Law.com's Amanda Bronstad back in October. Lake was definitely on to something, as a number of judges have done just that. But a few recent rulings have come down from courts who were decidedly more skeptical of plaintiffs' contractual claims. And as we explore in this week's Law.com Litigation Trendspotter column, with more than 200 of these class actions still pending around the country, there remains no clear path to success for either plaintiffs or defendants.
TOXIC HIV DRUGS? - Hagens Berman Sobol Shapiro and Hilliard Martinez Gonzales filed a product liability class action Thursday in California Northern District Court against Gilead Sciences over the company's HIV drugs Viread, Truvada, Atripla, Complera and Stribild. The court action, alleging that the drugs contain the toxic compound tenofovir, was brought on behalf of more than three dozen plaintiffs who contend that they were injured by the medications. Counsel have not yet appeared for the defendant. The case is 4:21-cv-02539, Hawkins et al v. Gilead Sciences, Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
A 'Thunderdome' Competition? Admitted Students Got Shut Out at This Law School Amid Deposit Frenzy
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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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