And the LOTW Runners Up...
Honorable mention goes to lawyers from Willkie Farr; Orrick; Kirkland & Ellis; Bartlit Beck; Sullivan & Cromwell and Williams & Connolly.
December 08, 2019 at 05:16 PM
3 minute read
Our runners up for Litigator of the Week include Willkie Farr & Gallagher white collar partners Randall Jackson and Michael Schachter, who won acquittal for their client Jean Boustani on all charges stemming from an alleged $2 billion fraud and kickback scheme. After a six-week trial in U.S. District Court for the Eastern District of New York, a jury rejected all charges related to alleged bribery of officials in Mozambique. (Check out my story about the case here.)
Orrick, Herrington & Sutcliffe's Eric Shumsky scored two appellate wins in two days. Arguing on behalf of Twitter, he convinced California's First District to uphold a lower court decision denying class cert in a potentially huge discrimination case against the social media company.
Demonstrating impressive range, Shumsky also prevailed for Donghee America in a patent fight before the U.S. Court of Appeals for the Federal Circuit. The appellate court upheld the lower court's grant of summary judgment of non-infringement involving patents for manufacturing plastic fuel tanks.
A Kirkland & Ellis team led by John O'Quinn and John Hartmann prevailed before the U.S. Court of Appeals for the First Circuit on behalf of two private equity funds, Sun Capital Partners III and Sun Capital Partners IV, in a decision with broad implications for private equity investments in distressed companies. Reversing a lower court decision, the appellate panel held that the funds were not jointly and severally liable for a bankrupt portfolio company's multiemployer plan withdrawal liability.
Steven Derringer and John Hughes of Bartlit Beck won a $137 million verdict for Meso Scale Diagnostics in a patent fight against Roche Diagnostics involving electrochemiluminescence technology. After a six-day trial in Delaware federal court, a jury deliberated for less than two hours before finding that Meso Scale held an exclusive license to the patent claims at issue and that Roche infringed all of those claims.
Sullivan & Cromwell partner Jeff Scott on behalf of Barclays Bank and Williams & Connolly's Nicholas Boyle on behalf of HSBC won a major ruling from New York's highest court in a fight with nearly $1 billion on the line. Both banks faced RMBS repurchase claims asserted by Deutsche Bank National Trust Company as the trustee for RMBS securitization trusts.
The court held that the claims were time-barred, concluding that they were subject to California's four-year statute of limitations, and not New York's six-year limitations period. Sweeter still, the court also awarded the defendant banks' costs for the appeal.
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J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
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Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
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Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
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