In Big Law, 'Flexibility' Is a Word for All Seasons: The Morning Minute
The news and analysis you need to start your day.
August 15, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
FLEX AND FLEXIBILITY - Law firms are taking advantage of their newly reestablished leverage over talent to haul folks back to the office for more days each week. But despite adopting attendance policies that are clearly more rigid than those that have been in place for the past three-plus years, many firms are still framing their office work arrangements as "flexible." So has the word simply lost all meaning or is "flexibility" in the eye of the beholder? Analysts told Law.com's Andrew Maloney that while there's probably no bright-line definition of the word in this context, it could also be an effort by firms to appeal to the broad range of workers under their mast, capturing as many of the benefits as possible while still seizing on momentum for more office time. Because the legal profession has had some level of tolerance for remote work for ages, too, any deviation from the pre-COVID norm of five days a week can technically be described as flexible, some observers noted.
ROBO COPS - Several major law firms have expressed concern that a proposed U.S. Securities and Exchange Commission rule seeking to restrict robo advisers' use of artificial intelligence is overbroad, Law.com's Marianna Wharry reports. The proposed rule aims to address conflicts of interest that occur when broker-dealer and investment advisers use predictive data analytics in investor interactions and would apply when a broker-dealer or investment adviser uses or foresees the use of "covered technology." But attorneys at Morgan Lewis and Sidley Austin have both penned client alerts cautioning that the proposed rule's required policies, procedures, evaluations and reviews, if adopted, would be burdensome and costly for legal departments.
ON THE RADAR - Gurinder Singh Grewal of Morgan, Lewis & Bockius has entered an appearance for City National Bank, a subsidiary of Royal Bank of Canada, in a pending civil rights lawsuit over alleged race- and national origin-based discrimination. The complaint was filed June 27 in California Northern District Court by the Law Offices of Bonner & Bonner. The court action accuses the bank of a practice of 'redlining,' or denying loans to Black and Hispanic individuals. The case, assigned to U.S. District Judge Araceli Martinez-Olguin, is 3:23-cv-03195, Brown v. City National Bank. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with 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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