COVID Court Cancellations Cause Consternation: The Morning Minute
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January 12, 2022 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
COVID, COURT CANCELLATIONS AND CARDI B - Earlier this week, we told you about how a number of courts across the country have once again been forced to cancel in-person proceedings thanks to the rise of omicron. What we didn't get into, however, is just how much of a pain all this stopping and starting has been for litigators and their clients. For example, Monica Latin, managing partner at Carrington, Coleman, Sloman & Blumenthal, told Law.com's Meghann Cuniff that her trial team was already settled into its hotel on Friday afternoon when a call came in that the jury trial set to begin Monday in an Austin, Texas, courtroom had been called off because of the region's rising COVID-19 infections. "It's like putting the racehorse into the starting gate and then calling off the race," Latin said, but added that "[i[t's impossible to second-guess any of these decisions under these circumstances." The last-minute cancellations are also agonizing for clients—well, some clients. "It is very important to our client that this case gets to trial without any more delays," said Lawrence J. Conlan of Cappello & Noël in Santa Barbara, who's suing rapper and songwriter Cardi B for copyright infringement. "Cardi has been trying to avoid trial with us for some time now, using a lot of excuses that don't add up."
FACE LITIGATION - A federal judge on Tuesday ruled the FTC's amended antitrust lawsuit against Meta (née Facebook) can move forward, determining the commission overcame many of the legal issues that doomed its initial complaint last year, Law.com's Andrew Goudsward reports. U.S. District Judge James Boasberg of the District of Columbia said the FTC, in its refiled complaint, laid out enough facts about Facebook's market power in the personal social networking space to constitute an antitrust case. The commission alleged that Facebook not only has a monopoly, but has actively maintained that status by acquiring potential competitors like Instagram and WhatsApp. Boasberg said the FTC's allegations are "far more robust and detailed" than in its initial complaint, which Boasberg dismissed last June, "particularly in regard to the contours of the defendant's alleged monopoly." The decision is a victory for the FTC and its chair, Lina Khan, who has made cracking down on large technology companies a major goal for the agency.
HEEL TURN? - Kasowitz Benson Torres filed an antitrust lawsuit Tuesday in California Northern District Court against World Wrestling Entertainment. The partially redacted complaint was brought on behalf of competing wrestling company MLW Media, which accuses the WWE of "poaching" talent, misappropriating confidential information and airing MLW footage without permission. MLW also contends that the WWE uses intimidation tactics to interfere with competitors' contracts, such as MLW's recent broadcasting agreement with Vice TV, and streaming agreement with Tubi of Fox Corp. Counsel have not yet appeared for the defendant. The case is 3:22-cv-00179, MLW Media LLC v. World Wrestling Entertainment, Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Midsize Law Firm Consolidation Heats Up By Andrew Maloney New Orleans Judge Indicted for Allegedly Failing to Report Income From Performing Marriage Ceremonies By Marianna Wharry US Judge Says Avenatti Trial to Proceed as Planned, Despite Omicron Threat By Tom McParland Judge 'Reluctantly' Recuses From Amazon Case Over Wife's Stockholdings By Avalon Zoppo Judge Pushes Back Against Trump, Siblings' Motion to Dismiss Niece's Fraud Suit By Tom McParland|
WHILE YOU WERE SLEEPING
TECH TO EXPECT - From devising ways to tackle the increasing complexity of data security to improving professional development in a hybrid work environment, experts from across the U.K. legal sector envision major legal tech developments on the horizon in 2022, Law.com International's Jack Womack reports. One of the most interesting shifts in the landscape this year could come in the form of law firms figuring out how to utilize legal tech to do more than simply work faster and cheaper. "We've already seen a shift away from maximum efficiency being the primary motivator for technological advancement," said Christopher Tart-Roberts, head of the lawtech group at Macfarlanes: "Reducing time spent and increasing value for money are still very important drivers, and rightly so. However, tech advancement can also deliver value in a much wider sense. The opportunity for law firms to offer a range of complimentary products and services which bring together law + tech, and that satisfy the expectations of increasingly tech-savvy clients, is particularly exciting."
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WHAT YOU SAID
"Take every opportunity and don't be afraid to step outside of your comfort zone. By taking on new challenges, I was able to advance in my career earlier than I ever would have expected."
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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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