Mandatory Bar Association Challenges Fail: The Morning Minute
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April 05, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
PAY YOUR DUES - Looks like lawyers across the country won't be closing out their bar tabs any time soon. Yesterday, as Law.com's Adolfo Pesquera reports, the U.S. Supreme Court denied three petitions challenging mandatory state bar associations, preserving the institutions' existence in 31 states and the District of Columbia. The plaintiffs in all three cases—Taylor v. Heat (Michigan), Schell v. Darby (Oklahoma) and McDonald v. Firth (Texas)—argued that bar associations engaging in political and ideological activities offend some members by infringing on their rights to freedom of association and free speech. In response to the SCOTUS denials, Texas State Bar President Sylvia B. Firth said her organization was "pleased the Court continues to recognize the longstanding precedent that supports the mandatory bar structure. Thirty other states and the District of Columbia use a mandatory bar structure because it is a proven, effective way to regulate the legal profession and improve the quality of legal services provided to the public." Meanwhile, in a tweet, the lead plaintiff in the Texas matter, Tony McDonald of Austin, summed up the appellate process quite succinctly: "It's funny how this high-level constitutional litigation works. You read a SCOTUS opinion, go 'I think they want to overturn decision X' and then launch several years of litigation to claw your way to SCOTUS and learn 'Nah, I guess not.'"
STAYING SINGLE - There's been a lot of pressure on law firms in recent years to get hitched. But it seems like many firms are simply too focused on their careers to settle down right now. That's according to consulting firm Fairfax Associates, which said in a new report that merger activity in the first quarter of 2022 has been "surprisingly quiet," declining from last year and falling well below the historical average in what is normally the busy season for completing law firm combinations. Lisa Smith, a principal at Fairfax, told Law.com's Andrew Maloney that the slow pace to start could portend a slow year overall. The firm counts mergers that are actually finalized per quarter, rather than just announced. Law firms often aim to finalize mergers at the start of the calendar year to make operations and financial integration easier. However, firms are still being challenged by COVID-19, the analysts concluded, and the amount of demand from clients is making it tough to devote enough resources to mergers, even for firms that are interested in linking up. "[T]he logistical challenges of negotiating and completing mergers are real, especially in a remote and high-demand environment," the report said, adding that growth through mergers "requires a significant commitment of leadership time and resources."
WHO GOT THE WORK?℠ - Sean A. Commons, T. Robert Scarborough and Christopher M. Assise of Sidley Austin have stepped in as defense counsel to American Family Insurance Company in a pending data breach class action. The complaint, filed Feb. 15 in California Northern District Court by Cole & Van Note, accuses AmFam of failing to implement adequate data security measures arising from a Dec. 2021 breach impacting the personal and financial information of current clients. The case, assigned to U.S. District Judge Sallie Kim, is 3:22-cv-00939, Kowarsky v. American Family Life Insurance Company. >> Read the filing 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.
ALIEN REALM - Showtime was hit with a trademark infringement lawsuit Monday in Wyoming District Court targeting its "UFO" television series. The court action was filed by attorney Bradley L. Booke on behalf of "UFO Magazine," which asserts the trademark for "UFO" in the realms of television, film, publishing and other media and claims that it has been in talks to develop a movie or series for years. Counsel have not yet appeared for the defendant. Counsel have not yet appeared for the defendant. The case is 0:22-cv-00078, UFO Magazine, Inc. v. Showtime Network Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Study: Law Deans' Time Spent on Crisis Management, Diversity Efforts Drastically Increased During Pandemic By Christine Charnosky |
'They Can't Tell You How You Will Fit In Culturally': Why the US News Rankings Alone Shouldn't Dictate Law School Choices By Christine Charnosky |
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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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