Skadden Hires Duo With Eye on 'New Wave' of Litigation: The Morning Minute
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March 08, 2022 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
CATCH THE WAVE - Cozen O'Connor class action litigators Meredith Slawe and Michael McTigue are joining Skadden, Arps, Slate, Meagher & Flom in New York, Law.com's Justin Henry reports. But what's really interesting is why they're joining the firm. The move comes as firm leaders at Skadden look to stay ahead of a "new wave" in aggregate litigation, such as the rise in class action filings and mass arbitration, Beisner said. He said Slawe and McTigue "have emerged as thought leaders on this concept of mass arbitration." "Litigation that involves various forms of aggregate litigation … is going to be the major wave of the future. Meredith and Mike bring to the table some specializations that are new to us and certainly a distinct group of clients," Beisner added, referring to the pair's retail clients. Historically, Beisner said, arbitration has been used to diminish the risk of class actions brought against defendants. But members of the plaintiffs bar have sought to reverse this in recent years by recruiting a number of additional claimants to bring actions as mass arbitrations. "Whereas before, the presence of an arbitration clause may have provided protection against litigation, there are some lawyers who have tried to turn that around," Beisner said.
DOUBLE TROUBLE - Having your attorney trust accounts cleaned out by cybercriminals is unpleasant enough. But, as Law.com's Charles Toutant reports, if it happens to you, you should also be prepared to answer to attorney-disciplinary authorities, who will likely be keen on determining whether you were careless about safeguarding client funds. Attorneys who take reasonable precautions to protect their trust accounts are unlikely to be penalized. But those who are less vigilant run the risk of a disciplinary action in the event of a breach, ethics lawyers told Toutant. When a law firm's trust account is hacked, and the lawyer's security was lacking, "He's on the hook personally," said Frederic Shenkman, an attorney at Cooper Levenson in Atlantic City who represents lawyers in disciplinary cases. "Ultimately, it's the client's money," he added. "The Supreme Court, given the choice of making the lawyer suffer or making the client suffer—it's not a close call."
WHO GOT THE WORK?℠ - Attorneys at Jackson Lewis on Friday removed an employment class action against various units of Hilton Worldwide Holdings to California Central District Court. The suit, brought by Restegar Law Group, brings wage and hour claims on behalf of non-exempt workers employed by the defendant in California. Lawyers for the plaintiff have not yet entered an appearance in 5:22-cv-00349, Ericka Kraut, individually, and on behalf of all others similarly situated current and former employees of Defendants v. Dt Employer LLC, a California limited liability company et al. Read the complaint on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
TEXTBOOK CASE - Pearson Education, McGraw-Hill and other plaintiffs filed a lawsuit alleging copyright infringement and trademark counterfeiting Sunday in New York Southern District Court. The complaint, brought by Oppenheim + Zebrak, accuses Dann Divine, Bridgeports International and other defendants of conspiring to counterfeit textbooks on a large scale. Dann Divine is represented by Klein, Zelman, Rothermel Jacobs & Schess. The case is 1:22-cv-01899, Pearson Education, Inc. et al v. Divine et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Calling All Rising Stars In the Legal Industry: Join Us at Legalweek for Networking and Cocktails By ALM Staff Sneak Peek at the 2022 Go-To Law Schools: Nos. 21-30 By Christine Charnosky War in Ukraine: Tracking the Conflict's Reverberations Across The Legal Industry By Law.com and Law.com International Staff In Response to Attacks on Ukraine, Coinbase Blocks Sanctioned Individuals From Platform By Jessica Mach Judge Polster Upholds First Jury Verdict Over Opioid Crisis By Amanda Bronstad|
WHILE YOU WERE SLEEPING
NOTHING TO OFFER - Partners across London expect IPO work and corporate transactions to dry up across the U.K. and Europe during the first half of this year, as uncertainty around the wider economic impact Russia's invasion of Ukraine grows, Law.com International's Hannah Walker reports. Capital markets has already slowed due to rising inflation, geopolitical tensions and the continuing pandemic. But now the general IPO market "is going to be pretty much closed", said one London Magic Circle partner. An ECM partner at a large international firm agreed that "the invasion of Ukraine adds significantly to a number of headwinds that have already hit the pipeline". "We're expecting activity levels over the first half this year to be much lower than those we have seen in the last two years, with most of the pipeline deferred to the second half or beyond." According to data from Refinitiv, the first two months of 2022 have seen the proceeds of IPO's down 98%, to $93.7 million, compared to the same period last year when the figure stood at $3.9 billion.
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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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