Shout-Out: Skadden's Big Week
Skadden litigators racked up four wins in two days, knocking out securities class actions in New York and California, as well as shutting down an unlikely claim against a South Korean bank.
September 30, 2019 at 12:42 PM
3 minute read
Litigators at Skadden, Arps, Slate, Meagher & Flom racked up four wins in two days last week, knocking out securities class actions on both coasts plus annihilating an unlikely claim against a South Korean bank.
Partners Scott Musoff and Robert Fumerton and associate Michael Griffin won dismissal of a securities class action in the Southern District of New York against TAL Education Group, a China-based after-school tutoring company. In tossing the case on Sept. 25, U.S. District Judge Loretta Preska found there was no misstatement regarding the two supposed "sham" transactions and admonished the plaintiffs for circular reasoning, selectively quoting, burden shifting and trying to "have their cake and eat it too."
The next day, Musoff plus partner Christopher Malloy and associate Nicholas Ickovic got another securities class action dismissed, this one in the Supreme Court of the State of New York against dental supply company Densply Sirona Inc. and certain current and former directors and officers. The shareholder claims related to Dentsply's 2016 acquisition of Sirona Dental Systems Inc. to create Dentsply Sirona.
Also on Sept. 26, partner Peter Morrison led a team including counsel Winston Hsiao and associate Zachary Faigen in getting a securities class action axed in the Southern District of California. Skadden represented the underwriters of Obalon Therapeutics, Inc., and Latham & Watkins represented Obalon.
Judge Anthony Battaglia dismissed the case against the underwriters with prejudice, finding that the claims were time-barred; the offering materials did not contain any false or misleading statements; and the underwriters have an absolute negative causation defense against the plaintiff. Some claims against Obalon involving accounting and financial statements remain, but Skadden's client is off the hook.
Finally—in a non-securities case—partner Jonathan Frank and counsel Jeffrey Geier plus co-counsel Jeffrey Lichtman of O'Hare Parnagian prevailed on behalf of Woori Bank, one of South Korea's largest banks, in the Southern District of New York.
Nevada-based AJ Energy made what U.S. District Judge Jesse Furman deemed "an extraordinary claim: that Woori Bank stole eight billion euros" from the company. "If that sounds like a tall tale, it is because it almost certainly is," Furman wrote in dismissing the case with prejudice. "Documents beyond the operative complaint—including one or more documents that are almost certainly forgeries—make that conclusion nearly inescapable."
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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.
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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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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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