A Fresh Batch of Litigator of the Week Runners-Up and Shout Outs
This week's runners-up feature cases from Kaplan Hecker & Fink, Orrick, and a team effort from Latham, S&C, and Quinn Emanuel.
October 30, 2020 at 07:25 AM
3 minute read
We have another strong slate of runners-up and shout outs this week, so let's get right to it.
Roberta Kaplan and Joshua Matz of Kaplan Hecker & Fink secured denial of the Justice Department's motion to substitute the United States of America as the defendant in E. Jean Carroll v. Donald J. Trump. The pair originally filed the defamation case in state court for Carroll, who claims the president sexually assaulted her in a New York department store 25 years ago. She seeks to hold Trump accountable in his personal capacity for saying she was lying and motivated by money. U.S. District Judge Lewis Kaplan in Manhattan on Monday wrote that accepting the DOJ's argument that the president was acting within the scope of his employment would mean that a president is free to "defame anyone who criticizes his conduct or impugns his character—without adverse consequences to that president and no matter what injury he inflicts on the person defamed."
Also in New York federal court, a team from Orrick, Herrington & Sutcliffe led by partner Amy Walsh and Pro Bono Counsel Rene Kathawala teamed with David Brody with the Lawyers' Committee for Civil Rights Under Law to get a court order shutting down a robocalling operation run by political operative Jacob Wohl and lobbyist Jack Burkman aimed at discouraging Black voters from submitting their ballots via mail. U.S. District Judge Victor Marrero rejected the defendants' First Amendment defense. "The First Amendment cannot confer on anyone a license to inflict purposeful harm on democratic society or offer refuge for wrongdoers seeking to undermine bedrock constitutional principles," he wrote. The Orrick team also included associate Rachelle Navarro, who argued the motion for a temporary restraining order, and her colleagues Julie Gorchkova, Spencer Bruck, Aaron Gold and Michael Maruca.
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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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