And the LOTW Runners Up...
We had some stellar nominations for Litigator of the Week. Here's a shout-out to the runners up from Kaplan Hecker & Fink; Covington & Burling; Manatt, Phelps & Phillips; WilmerHale; and Gibson, Dunn & Crutcher.
March 08, 2019 at 11:20 AM
3 minute read
We had some stellar nominations for Litigator of the Week. Here's a shout-out to the runners up.
Sean Hecker of Kaplan Hecker & Fink scored a huge win on behalf of Robert Bogucki. A former senior foreign exchange trader at Barclays, Bogucki was charged with criminal market manipulation for a 2011 transaction. But mid-way through what was supposed to be a two-week trial, U.S. District Judge Charles Breyer of the Northern District of California ruled from the bench and acquitted Bogucki, citing a “massive due process problem.”
Wow.
We were also impressed with Covington & Burling's Marney Cheek, David Pinsky and Erin Thomas, who secured a significant victory on behalf of Ukraine's state-owned oil and gas company, NJSC Naftogaz, in an international arbitration against the Russian Federation. A tribunal in The Hague found that Russia unlawfully expropriated Naftogaz's assets in Crimea, which have been valued at $5 billion. There will be another phase of the proceeding to determine how much compensation Naftogaz is owed.
John Libby of Manatt, Phelps & Phillips and co-counsel from The Lawyers' Committee for Civil Rights Under Law and Public Counsel led a successful challenge in California on behalf of the city of San Jose and a nonprofit immigration organization to the 2020 Census citizenship question. U.S. District Judge Richard Seeborg of the Northern District of California became the second judge to rule that adding the census question was arbitrary and capricious—and the first to side with plaintiffs on constitutional claims.
A Bob Gunther and Chris Noyes of Wilmer Cutler Pickering Hale and Dorr won a jury verdict in the Southern District of New York for luxury watchmaker Omega SA and its parent company Swatch. The company sued a landlord in Manhattan for contributory trademark infringement, alleging that it allowed its building to be used for years as a haven for counterfeiting activity. What made the win extra-impressive is that Swatch's prior counsel was found to have filed false declarations in opposition to a motion for summary judgment and the Wilmer team had to clean up the mess.
Finally, Mark Perry of Gibson, Dunn & Crutcher prevailed at the U.S. Supreme Court on behalf of Rimini Street in a dispute with Oracle over a copyright statute that permits an award of “full costs.”
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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.
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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.
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