And the LOTW Runners Up...
Honorable mention goes to lawyers from Latham & Watkins, Covington & Burling, Gibson, Dunn and Jenner & Block.
June 26, 2020 at 09:34 PM
2 minute read
It was tempting to recognize Alex Berengaut of Covington & Burling, Ted Olson of Gibson, Dunn & Crutcher and Lindsay Harrison of Jenner & Block as Litigator of the Week runners up for their role in securing a landmark ruling from the U.S. Supreme Court. The high court held that the Trump administration violated the Administrative Procedure Act when it rescinded the Deferred Action for Childhood Arrivals, or DACA, program.
But Lit Daily for several years has not considered Supreme Court wins for Litigator of the Week—because if we did, then we'd just constantly pick Supreme Court cases. We figure SCOTUS advocates get plenty of recognition as-is, and that we'd focus instead on lower court cases—Lit Daily's bread-and-butter.
That means our runners up this week are Latham & Watkins litigators Michele Johnson and Colleen Smith, who beat back a shareholder class action against San Diego-based Oncternal Therapeutics.
At issue: Oncternal's 2019 reverse merger with GTx. U.S. District Judge Analisa Torres of the Southern District of New York dismissed the case on Tuesday, ruling that the plaintiffs did not adequately allege a material misrepresentation or omission in the proxy statement.
Tying for runner-up are Latham partners Sean Berkowitz and Nicholas Siciliano, who also got a securities class action dismissed.
They represented Wisconsin-based water heating equipment maker A.O. Smith, which found itself the subject of a short-seller attack. U.S. District Judge Lynn Adelman of the Eastern District of Wisconsin on Wednesday dismissed the suit, rejecting allegations that the company or its managers made false or misleading statements or omissions.
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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.
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.
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