And the LOTW Runners Up...
Honorable mention goes to lawyers at Latham & Watkins; Quinn Emanuel; Akin Gump; Cooley and Freshfields.
September 27, 2019 at 01:05 PM
3 minute read
Our finalists for Litigator of the Week include Latham & Watkins partner Jamie Wine, who led a team in winning a whopping $666 million arbitration award on behalf of DXC Technology in a fight with Hewlett Packard Enterprise Company.
The order (which was just unsealed) followed a two-week trial before a panel of neutrals over an accounting dispute stemming from the sale of HPE's former enterprise services business to DXC's predecessor company. Deal lawyers contemplating similar "spin-in" mergers should consider themselves warned.
Quinn Emanuel Urquhart & Sullivan's Marc Greenwald and Andrew Marks notched a sweet win for client PT Bank Mutiara in its long-running fight with Weston Capital Advisors.
Weston lawyer Alex Kriegsman of Kreigman PC moved to disqualify SDNY Judge Paul Crotty, complaining that Crotty's brother is partner at Kelley Drye & Warren, which represented Weston until mid-2014. The judge disclosed the connection at the time, and his brother played no role in the case. But Kriegman argued that Crotty "overcompensated" for initially treating Weston more favorably by "unfairly penalizing" Weston now.
Crotty was having none of it. Not only did he decline to recuse, he ordered Kriegman personally to pay Quinn Emanuel's legal fees to oppose the motion, and also to forfeit any fees he was paid by his client to litigate it.
Harsh.
(You can read the order here.)
Akin Gump Strauss Hauer & Feld partners James Tysse, Mark MacDougall and Stacey Mitchell led the defense team for Bijan Rafiekiana— former business partner of ex-National Security Advisor Michael Flynn—who was accused of acting as a Turkish foreign agent. A federal judge in Virginia agreed with the Akin Gump team that the evidence presented at trial by federal prosecutors was insufficient to support Rafiekian's conviction for acting as an unregistered foreign agent and conspiracy to violate the Foreign Agents Registration Act.
Cooley partner Heidi Keefe led client Facebook to a summary judgement in a fight against Windy City involving patents tied to chat room technology. U.S. District Judge Yvonne Gonzalez Rogers in the Northern District of California granted Facebook's motion for summary judgment on grounds of invalidity.
At Freshfields, partner Linda Martin, counsel David Livshiz, and associate Paige von Mehren scored a first-of-its-kind decision from the Sixth Circuit Court of Appeals. At issue: Section 1782, which allows for discovery in the U.S. for use in a "foreign or international tribunal."
Breaking with the Second and Fifth Circuits, the Sixth Circuit panel held that Section 1782 discovery is available to parties to private international arbitrations—a win for Freshfields client Abdul Latif Jameel Transportation Company Limited, which is involved in a contract fight with FedEx Corp. that's being arbitrated abroad.
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