And the LOTW Runners Up...
Honorable mention goes to lawyers from Quinn Emanuel; Cleary Gottlieb; Kirkland & Ellis; O'Melveny & Myers and Sidley Austin.
December 13, 2019 at 01:35 PM
3 minute read
Our runners up for Litigator of the Week include Quinn Emanuel Urquhart & Sullivan's Alex Spiro and William Price. They scored a huge win for Elon Musk, who faced a $190 million defamation claim by a British caver after the Tesla co-founder called him "pedo guy" in a tweet.
A jury in Los Angeles federal court on Dec. 6 took just 30 minutes to side with Musk. The case is now officially over—in a joint stipulation filed on Monday, plaintiff Vernon Unsworth agreed to forego an appeal and Musk agreed not to seek legal fees.
Cleary Gottlieb partners Matthew Slater, Lewis Liman, Carmine Boccuzzi and Alexis Collins won summary judgment for Robert Bosch GmbH and Robert Bosch LLC, defeating claims for billions in damages by Volkswagen franchised dealerships stemming from the diesel emissions scandal.
VW itself promptly settled with the dealers for $1.2 billion in 2016. But Bosch, which supplies auto parts and technology, fought back against allegations that it conspired with Volkswagen to develop and conceal the non-compliant technology. U.S. District Judge Charles Breyer in San Francisco on Dec. 6 sided with Bosch, ruling that the "dealers have not submitted proof of any damages that are recoverable under their causes of action against the Bosch defendants."
At Kirkland & Ellis, Joshua Rabinovitz, Robert Kopecky, Nathaniel Kritzer and Stacy Pepper persuaded the U.S. Court of Appeals for the Second Circuit to affirm dismissal with prejudice of a putative securities fraud class action against poultry producer Sanderson Farms.
The decision clarifies the pleading standard for securities cases that are premised on an alleged failure to disclose other unlawful conduct—in this instance, alleged anti-competitive conduct.
O'Melveny & Myer partner Daniel Petrocelli notched a win for Twentieth Century Fox in a fight with Netflix over executive poaching.
On Tuesday, a Los Angeles County Superior Court judge enjoined Netflix from luring away executives working under contract in what the Los Angeles Times called "a significant win for Fox in a legal fight that has highlighted a growing arms race for talent in Hollywood."
And at Sidley Austin, a pro bono team led by Daniel Spira, Julie Becker and Elizabeth Chiarello won one of the largest verdicts ever awarded under prisoners' rights statute 42 U.S.C. § 1983 in the Southern District of Illinois. The team won a verdict of $450,000 on behalf of an incarcerated client who had been beaten by four prison guards.
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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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Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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