Twitter v. Musk Will Involve Plenty of Lawyers: The Morning Minute
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July 14, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
UNLIMITED CHARACTERS - Nothing makes law firms a lot of money like people with a lot of money fighting over a lot of money. Twitter's lawsuit against Elon Musk, filed Tuesday, was signed by 10 lawyers in three law firms, an early indication of the amount of legal fees and staffing likely to be employed in one of the most high-profile corporate litigation cases of the decade. And, as Law.com's Patrick Smith reports, observers point to a potential eight-figure legal bill coming up as a result of not only the 10 lawyers but droves of associates and others working behind the scenes. Other law firms could also be advising Musk and Twitter's board on the battle. "It will definitely be a scrum of activity," said Tom Redburn, a partner at Lowenstein Sandler and chair of the firm's securities litigation practice who is not involved in the case. "This is going to be a very intensive staffing and HR issue. You'll have a small army of associates to deal with basic discovery, a couple of junior partners handling depositions and drafting briefs, and one or two experienced partners who know Delaware law overseeing the whole thing. And if this case gets to trial, you can add on legitimate trial attorneys."
TITLE FIGHT - The latest round of sweeping proposed changes to Title IX could put universities in the crosshairs of litigation by college and university students accused of sexual misconduct, Law.com's Colleen Murphy reports. "I am deeply concerned that in the guise of giving universities 'flexibility,' the Department of Education is authorizing the roll back or revocation of due process and fairness rights for both parties: full access to evidence, and the right to a live hearing and direct, real-time cross-examination," Patricia Hamill, partner and co-chair of the Title IX and Campus Discipline practice at Conrad O'Brien, said of the proposed changes in an email to Law.com. Brooklyn College Professor KC Johnson, an expert on campus legal issues, said some federal circuits already require a live hearing at public universities. But, in those circuits where the issue has not been settled by the courts, many new lawsuits are likely, he added. "More generally, I'd expect a wave of litigation against universities in the Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth and Tenth Circuits, each of which (largely as a response to university applications of the Obama-era Title IX policies that the current regulations revive) has in recent years adopted quite favorable pleading standards for accused students who claim that a school's excessively biased adjudication procedures constituted gender discrimination prohibited by Title IX," Johnson said.
WHO GOT THE WORK?℠ - A Littler Mendelson team including shareholders Kathryn Mrkonich Wilson, Holly M. Robbins, George R. Wood and Emily A. McNee is defending Mayo Clinic in an employment lawsuit related to the hospital's COVID-19 vaccine policies. The complaint, filed May 26 in Minnesota District Court by Mohrman Kaardal & Erickson, is part of a string of cases on behalf of former employees who claim they were wrongly terminated based on refusal to take the vaccine due to religious beliefs. The case, assigned to U.S. District Judge John R. Tunheim, is 0:22-cv-01427, Rubin v. Mayo Clinic. >> 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.
ON THE RADAR - Sherwin-Williams, a paint manufacturer and distributor, was slapped with a consumer class action Wednesday in Florida Southern District Court. The suit contends that Sherwin-Williams' imposition of a 4% "Supply Chain Charge" is not reasonably disclosed to the consumer. The complaint further alleges that the phrase "Supply Chain Charge" falsely suggests that the charge is intended to cover an out-of-pocket expense. The suit was brought by Shamis & Gentile and Edelsberg Law. Counsel have not yet appeared for the defendant. The case is 0:22-cv-61313, Cabreja v. Sherwin-Williams Co. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
'Your Firms Stain Themselves': California Judge Criticizes Quinn Emanuel, Gibson Dunn Attorneys for Disputes in 'Wisk' Trade Secrets Case By Alaina Lancaster |
'Much Is at Stake': Deeper Inquiry Into Hiring of Clerk Accused of Racism Needed, Ethics Experts Say By Avalon Zoppo |
Circuit Court Nominees Questioned on 'Living Constitution,' Election Law Cases By Avalon Zoppo |
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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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