Shout-Out: Weil's Winning Streak
Weil litigators last week racked up a series of big wins in courts across the country.
July 29, 2019 at 01:34 PM
3 minute read
Litigators at Weil, Gotshal & Manges are on a roll, notching four significant wins last week.
On July 25, Weil won a motion to dismiss all claims in a stockholder class action filed in Delaware Chancery Court arising out of the $18 billion “merger of equals” between Willis Group and Towers Watson. The 2016 union created the global risk management, insurance and advisory giant Willis Towers Watson.
The court rejected claims that the former directors of Towers Watson breached their fiduciary duties in connection with their approval of the merger.
The Weil team was led by securities litigation practice co-head John Neuwirth, and included partner Josh Amsel and associates Matthew Connors, Amanda Pooler and Sean Moloney. Brad Aronstam of Ross Aronstam & Moritz served as Delaware counsel.
The day before, a Weil team led by Ed Reines, who co-heads the firm's patent litigation and life sciences practices—along with partner Derek Walter, counsel Robert Vlasis, and associates Amanda Branch and Chris Lavin—scored another win in Delaware.
Facing opposing counsel including Orrick's Joshua Rosenkranz and Melanie Bostwick, the Weil team convinced U.S. District Judge Richard Andrews to grant a permanent injunction on behalf of their clients Bio-Rad and the University of Chicago. The ruling, which follows a $24 million jury verdict, bars 10X Genomics from manufacturing or selling a number of infringing products.
Also on July 24, Edward Soto (co-head of Weil's complex commercial litigation practice and managing partner of the firm's Miami office) plus associates Pravin Patel, Corey Brady, Lara Bach and Brian Liegel shut down a consumer class action in the Southern District of Florida against Sweden-based Dometic Corp.
The plaintiffs alleged that Dometic's gas absorption refrigerators designed for use in RVs and boats had a design defect that resulted in excessive corrosion. (I wrote about a predecessor case here.) U.S. District Judge Robert Scola Jr. denied class certification and dismissed the case, finding the proposed class was not ascertainable.
Last but not least, a team led by litigation department co-chair Jonathan Polkes and partner Josh Amsel prevailed before the U.S. Court of Appeals for the Fifth Circuit on July 22. At issue: a $120 million settlement resolving allegations that broker Willis Ltd. fraudulently induced investments in the Stanford Ponzi scheme—the second biggest Ponzi scheme in history after Madoff.
Weil designed and won approval for the 2017 settlement from a judge in the Northern District of Texas. The deal included an order barring all other pending suits—even those in state court. Some investors challenged the settlement, arguing that the federal court had no jurisdiction to stop cases not before it, but the Fifth Circuit upheld the settlement.
“By entering the bar orders, the district court recognizes the reality that, given the finite resources at issue in this litigation, Stanford's investors must recover Ponzi-scheme losses through the receivership distribution process,” the panel wrote. “The brokers' incentives to settle are reduced—likely eliminated—if each investor retains an option to pursue full recovery in individual satellite litigation. Such resolution is no resolution.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWhy Litigation Demand Might Break Firms’ Boom-and-Bust Cycle
Litigation Leaders: Laura Hoey of Ropes & Gray on Bringing an Industry Focus to Litigation Matters
Talking Shop About Faegre Drinker's New Arizona Design Lab with Trial Partner David 'DJ' Gross
How Do You Get Experience Leading an MDL Without Experience Leading an MDL?
Trending Stories
- 1Cravath Elevates 7 to Partnership, Up From Last Year
- 2Kline & Specter Hit With Lawsuit From Another Former Associate
- 3USPTO Director Kathi Vidal Announces Resignation Ahead of Administration Change
- 4As Gen AI Acceptance Grows, Lawyers Race to Mitigate Risks
- 5Decisions Have 'Real-Life Consequences': Juvenile Court Judge Considered for Appellate Bench
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.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250