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WHAT WE'RE WATCHING
THE 'DOBBS' EFFECT - Court watchers and candidates agree that the U.S. Supreme Court's decision in Dobbs to punt abortion issues to the states has brought more eyeballs to normally under-the-radar judicial elections, even though candidates in partisan judicial elections are barred from stating how they would rule on a certain issue. A majority of the justice held that the landmark Roe v. Wade ruling had no footing in the U.S. Constitution. Thirty states are holding state supreme court elections this year—and candidates are noticing a theme when they talk to voters. Illinois Appellate Court Judge Mary Kay O'Brien told Law.com's Avalon Zoppo that the issue of abortion seems to be motivating individuals. While candidates in partisan judicial elections are prohibited from stating how they would rule on a certain issue, voters are reacting to the Dobbs decision. "I've marched in parades where people have stood up and said 'I'm voting for you because of Dobbs,' or at the door [of voters], where people are saying that they are wanting to support more women candidates," O'Brien said. "It has been a tremendous response to a single issue. I've been on the ballot several times, and I've never seen one issue dominating in this way."
ROAD TO MAR-A-LAGO - You've heard of the "Trump Bump," but allow us to introduce you to the "Trump Jump"—as in, jumping at the chance to represent the former president even if it requires jumping ship at your current job. At first glance, the members of former President Donald Trump's legal team in the Mar-a-Lago classified documents investigation don't have much in common. As of early September, they include lawyers with vast experience in federal investigations and others with none. However, as Law.com's Dan Roe reports, they're linked by the all-encompassing nature of their representation, which may help explain why more top-flight Big Law criminal defense litigators haven't accepted the potentially career-defining opportunity. Former Foley & Lardner partner Christopher Kise underscored that point last week when he resigned his position at the Am Law 100 firm to join Trump's legal team in the classified documents investigation. When CNN anchor Don Lemon recently asked Nelson Mullins Riley & Scarborough white-collar and government investigations co-chair Jon Sale, who turned down a spot on the legal team, why top firms won't represent Trump, Sale gave a simple explanation. "Frankly, I turned it down because I would have had to give up all my other clients. There's so much to be done and I don't have the time to do it," said Sale. "But I think [for] other lawyers, this is an opportunity to represent the former president. How often does that come about?"
WHO GOT THE WORK?℠ - Patterson Belknap Webb & Tyler partners Joshua Kipnees and Steven A. Zalesin have stepped in to defend J&J subsidiary Zarbee's Inc. in a pending consumer class action. The suit, filed Aug. 2 in California Northern District Court by Dovel & Luner, alleges that Zarbee's over-the-counter melatonin supplements contain twice the amount of melatonin labeled on the packaging, leading to unwanted side effects such as headaches, nausea and drowsiness. Zarbee's is also backed by Gary T. Lafayette of Lafayette & Kumagai. The case, assigned to U.S. District Judge Charles R. Breyer, is 3:22-cv-04465, Lopez v. Zarbee's, Inc. >> 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 - Walmart, Target and CVS were slapped with a product liability lawsuit on Tuesday in California Central District Court alleging that the retailers failed to warn consumers about the hazards of prenatal exposure to acetaminophen. The lawsuit, part of a string of similar cases, was filed by the Carlson Law Firm on behalf of a California mother who claims that ingesting the defendant's store brand acetaminophen products for pain relief while pregnant caused her child to develop autism spectrum disorder. Counsel have not yet appeared for the defendants. The case is 8:22-cv-01644, Archer et al. v. Walmart Inc. et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Ex-Lewis Brisbois Associate Faces Reciprocal Discipline in Virginia for 'Misrepresentations' About Unlawful Detainer Action By Allison Dunn |
Baby or Client? Lawyer Claims He'll Be Denied Paternity Leave as Judge Threatens Sanctions By Michael A. Mora |
$438 Million Settlement: Juul Labs Reaches Multistate Agreement Over E-Cigarettes By Emily Cousins |
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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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