Come Get Your Latest Litigator of the Week Runners-Up and Shout Outs
Runners-up this week including a Kirkland lawyer with a string of securities wins and a McDermott litigator who won an injunction blocking changes to the H1-B visa program.
October 09, 2020 at 07:25 AM
2 minute read
Our first runner-up for Litigator of the Week this week is Matt Solum of Kirkland & Ellis, who got a shout out last week as part of a team that knocked out a securities suit against Micro Focus International PLC tied to its ADR price drop following its merger with HPE. Matt followed that win up with another on September 30, this time for Bristol-Myers Squibb and certain current and former directors and officers. U.S. District Judge Mary Kay Vyskocil dismissed a securities class action brought against BMS with prejudice finding that the plaintiffs had not established the existence of "an industry standard definition" of the term they claimed the company was misleading investors about and, therefore, could not plead scienter.
Paul Hughes of McDermott Will & Emery also gets a runner-up nod this week for getting an injunction on behalf of the U.S. Chamber of Commerce and others that bars the Trump administration from enforcing its ban on bringing certain foreign workers into the country through the H-1B visa program. "Congress's delegation of authority in the immigration context…does not afford the president unbridled authority to set domestic policy regarding employment of nonimmigrant foreigners," wrote Judge Jeffrey White of the Northern District of Cailifornia in an October 1 order.
Shout out to Christopher Tayback and Marshall Searcy at Quinn Emanuel and Mark Ferrario of Greenberg Traurig, who on October 1 knocked out a shareholder derivative suit for multiplex movie theater and real estate company Reading International and its board of directors at the Nevada Supreme Court. The court ruled the company founder's son, who had been ousted as its CEO after his father's death, did not have standing to assert derivative claims because he was not an adequate representative of company shareholders and "his personal interests far outweigh the shareholders' interests."
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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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