Judges Have Zero Patience for Discovery Delays: The Morning Minute
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October 28, 2022 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
DON'T DELAY - Over the past six months, federal judges across the country have had strong words and, in some cases, even stronger sanctions for litigants whose antics have stalled litigation at a time when judicial resources are stretched paper thin and courts are struggling to clear backlogged dockets. Discovery delays are, of course, often calculated moves, typically by the defense. They're also calculated risks, as the possibility of ticking off a judge by needlessly prolonging a case has always been a potential pitfall of such strategies. For a long time, that was a gamble most litigants felt comfortable taking. But a string of recent cases seems to indicate that might be changing. In fact, as we examine in the latest Law.com Litigation Trendspotter column, right now may be the worst time in history to try a judge's patience with misconduct, unresponsiveness and petty squabbling during the evidence-gathering stage of a case. While the jurists who have come down hard on this type of behavior recently have not explicitly cited pandemic backlogs as exacerbating their frustration, the underlying message has been clear: we don't have time for these shenanigans.
INTEGRATION FRUSTRATION - As law firms and legal departments become mature legal tech users, they're running into a new challenge, Law.com's Rhys Dipshan writes in this week's Law.com Barometer newsletter. In the not-too-distant past, many were solely focused on figuring out what tech to buy. Now, it is all about how to connect the various platforms they've recently procured. Integrating legal tech platforms is essential for data sharing and enabling more efficient workflows. Unfortunately, it's also a huge pain—and comes with significant risks. What's more, Dipshan writes, many legal teams have made the task harder for themselves by not buying tech with integration in mind. To receive the Law.com Barometer directly to your inbox each week, click here.
WHO GOT THE WORK?℠ - Nielsen Holdings, a data and market measurement firm, has completed its previously announced sale to a private equity consortium composed of Evergreen Coast Capital Corp., an affiliate of Elliott Investment Management LP and Brookfield Business Partners LP, together with institutional partners, for approximately $16 billion in cash. New York-based Nielsen was advised by Wachtell, Lipton, Rosen & Katz; Clifford Chance; DLA Piper; and Baker McKenzie. The consortium was represented by Gibson, Dunn & Crutcher and Herbert Smith Freehills. Davis Polk & Wardwell counseled Toronto-based Brookfield. >> 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 - Six Flags, the popular amusement theme park company, and Six Flags Great Adventure were slapped with a wage-and-hour violations lawsuit Wednesday in New Jersey District Court. The lawsuit was filed by Winebrake & Santillo and Hayber, McKenna & Dinsmore on behalf of individuals employed by the defendants as hourly employees who contend that they were not paid for performing work before and after their shifts. Counsel have not yet appeared for the defendants. The case is 3:22-cv-06292, Mack v. Six Flags Entertainment Corporation et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
San Francisco Needs $8.1 Billion in Opioid Funds. Walgreens Says That's 'Wildly Excessive' By Amanda Bronstad |
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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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