Should Law Firm Staff Be Worried?: The Morning Minute
The news and analysis you need to start your day.
July 18, 2022 at 06:00 AM
6 minute read
Law Firm Management
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WHAT WE'RE WATCHING
SOCIAL DISTORTION - If social media was invented as a way to improve humans' ability to communicate, maybe there is an argument to be made that it's dangerously defective. A growing number of lawsuits against Meta Platforms Inc. and other social media companies are utilizing products liability claims as a tool to circumvent an immunity statute that has long shielded tech companies from being sued as third-party publishers, Law.com's Aleeza Furman reports. The trending approach is gaining momentum as more and more plaintiffs allege that social media companies seek to addict their users. Attorneys involved in the litigation say the products liability theory could be key to holding big tech companies accountable in a legal landscape that has historically afforded them a large amount of protection. "I expect this approach to be the new avenue for holding tech companies liable for the damages that they're inflicting on their users," said Carrie Goldberg of C.A. Goldberg in New York. The theory contends that platforms like Facebook or Instagram are products whose alleged defects can lead to a range of injuries, including addiction. Goldberg said other sorts of claims that plaintiffs have brought against social media companies in the past, such as negligence, have failed to make much headway. Defendants typically avoid liability by utilizing immunity afforded by Section 230 of the Communications Decency Act.
FUTURE SHOCK? - With Big Law corporate departments slowing down and recession fears growing, some are waiting for the other white shoe to drop in the form of large-scale staff layoffs, pay cuts, hiring freezes and strict in-office work requirements, just like during previous downturns. But the past isn't always precedent. Several law firm staffing experts and firm leaders told Law.com's Patrick Smith optimistic that the industry won't need to go down that route or roll back remote working options for staff. These sources said big firms are still trying to make up for staffing shortfalls from the last two years, but it's possible law firm staff could see other effects, including lower pay raises in the near future. Mike Hammer, CEO of Am Law 200 firm Dickinson Wright, said they have no intention of rolling back any of the "perks" that staff had realized over the previous two years and in fact the firm is a better place for having said perks. "Every position in our firm, from entry-level to senior management, has seen a pay increase over the past few years," he said. "Morale at the firm is very high, and a lot of that is because we are taking care of our people."
WHO GOT THE WORK?℠ - Ropers, Majeski, Kohn & Bentley partner Alan J. Hart has entered an appearance for Enfants Riches Deprimes in a pending copyright infringement lawsuit. The complaint was filed May 23 in California Central District Court by Doniger Burroughs on behalf of professional musician Vincent Gallo, who contends that defendants distributed and/or streamed his "I Wrote This Song For The Girl Paris Hilton" on YouTube and Vimeo without authorization or permission. The case, assigned to U.S. District Judge Maame Ewusi-Mensah Frimpo, is 2:22-cv-03506, Vincent Gallo v. Enfants Riches Deprimes, LLC et al. >> 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 - Sidley Austin sued Flathead Partners, Mayo Foundation for Medical Education and Research and affiliated Mayo entities Friday in California Northern District Court for breach of contract. The suit pursues claims on behalf of Nevro Corp., a medical technology company, and centers on a partnership for developing and testing new techniques of spinal cord stimulation used for treating chronic pain. The suit alleges that the defendants are interfering in the prosecution of a patent application in violation of the parties' agreement. Counsel have not yet appeared for the defendants. The case is 3:22-cv-04169, Nevro Corp. v. Flathead Partners, LLC f/k/a Venturi Group LLC et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Retired Justice Stephen Breyer Joins the Harvard Law School Faculty By Marcia Coyle |
By Scott Graham |
University of Dayton Law School Teams Up With Local Law Firms for New DEI Program 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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