Top Litigation Trends of 2023: The Morning Minute
The news and analysis you need to start your day.
December 29, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
SIGNIFICANT SUITS - As 2023 comes to an end, Law.com's Mike Neighbors has taken a look back at the significant litigation trends surfaced by Law.com Radar. These trends—which touch on cybersecurity; antitrust; ESG and DEI; and cryptocurrency—stuck out because they test new legal theories, tie into broader economic developments or take aim at emerging technologies and have the potential to shape new law. The data also offered some indications of potential trends to keep an eye for in 2024, including in the areas of artificial intelligence, securities and pay transparency statutes.
#METOO'S IMPACT - Pro-employee rulings in sexual harassment cases increased in federal district courts after the #MeToo movement in 2017, a study posted this month found. The paper, set to appear in the Washington and Lee Law Review, examined 163 cases brought under Title VII pre- and post-#MeToo—between January 2016 and May 2020—that were fully adjudicated at the district or appellate courts. According to the paper, the probability of a pro-plaintiff ruling was seven times greater after the onset of the #MeToo movement compared with before. "In theory, we think judges are supposed to apply the law to the facts and they shouldn't be overly swayed by current events, but we know that judges are people and people are impacted by the realities of the world," Duke University law professor Veronica Root Martinez, who wrote the paper with University of Notre Dame political science professor Matthew Hall, told Law.com's Avalon Zoppo.
ON THE RADAR - The NBA Board of Governors has approved the sale of the controlling interest in the Dallas Mavericks from Mark Cuban to Dr. Miriam Adelson and Sivan and Patrick Dumont in a deal guided by Latham & Watkins. The transaction, announced Dec. 27, is expected to close this week. Financial terms were not disclosed. Cuban was represented by a Latham & Watkins team led by partner Frank Saviano. Counsel information for Dr. Adelson and Sivan and Patrick Dumont was not immediately available. 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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