Law Firms Taking Divergent Paths to Recovery: The Morning Minute
The news and analysis you need to start your day.
May 09, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
ROADS TO RECOVERY - After one of the most challenging financial periods in recent memory, law firms are starting to regain their footing, according to the latest Law Firm Financial Index from Thomson Reuters. The index, a composite score of performance metrics for law firms, is still in "historically low" territory, the report's analysts wrote. But in Q1, it rose for the first time in a year and a half—up 14 points. The authors noted that it's "not necessarily surprising" that the index rose after Q4. What is surprising, however, is that large firms and smaller firms are contributing to that rise in significantly different ways. "The big takeaway is we are seeing a recovery, but it's a very split recovery," Bill Josten, strategic content manager for Thomson Reuters, told Law.com's Andrew Maloney. "It's not being felt equally by everybody."
CLOSER TO FINE(D)? - After recent moves by Iowa and Indiana, two more states are poised to add to the patchwork of U.S. data privacy laws this year: Montana and Tennessee. As Law.com's Cassandre Coyer reports, the bills, which currently await signature from their respective state governors, have some unique features but still largely follow the emerging state data privacy standard modeled after Virginia and, before that, a failed Washington state law, reiterating the clear trend toward a possibly unified approach to data privacy regulation among states. "While it's jarring to see so many new privacy laws that are being passed and signed into law, it also feels like we're moving toward a reasonable de facto standard that companies can use to create a nationwide compliance program," said Alessandra Swanson, co-chair of Winston & Strawn's global privacy and data security practice.
ON THE RADAR - Unity Software's top officials were hit with a shareholder derivative lawsuit Monday in Delaware Court of Chancery. The court case, filed by Morris Kandinov LLP and Rigrodsky Law, accuses the defendants of failing to disclose that deficiencies in Unity's product platform reduced the accuracy of its 'Audience Pinpointer' technology, which uses real-time user valuation at the time of an ad request. The lawsuit further alleges that the defendants did not disclose that customers were reducing ad spending with Unity and some customers were leaving for other ad competitors. The case is 2023-0499-, Iting Wen v. Roelof Botha, et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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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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