Pre-Thanksgiving Litigator of the Week Runner-up and Shout Outs
Our runner-up this week is the team from Wilmer Cutler Pickering Hale and Dorr that got an appellate affirmance of the firm's trial win protecting Harvard…
November 20, 2020 at 07:25 AM
2 minute read
Our runner-up this week is the team from Wilmer Cutler Pickering Hale and Dorr that got an appellate affirmance of the firm's trial win protecting Harvard University's race-conscious admissions system. First Circuit Judge Sandra Lynch wrote that the plaintiffs' "contention that Harvard elevates racial diversity above other types of diversity is not supported by the evidence" and that "Harvard's use of race in admissions is contextual and it does not consider race exclusively." Seth Waxman handled oral argument at the First Circuit for the President and Fellows of Harvard College, and Paul Wolfson, Danielle Conley, Brittany Blueitt Amadi, Bill Lee, Felicia Ellsworth, Andrew Dulberg, Debo Adegbile, Michelle Liszt Sandals, Greg Schmidt, Emma Simson and Alex Hemmer from Wilmer joined him on the briefs along with Ara Gershengorn of the Harvard University Office of the General Counsel. Waxman, Lee, and Ellsworth picked up Litigator of the Week honors in October 2019 for their trial win before U.S. District Judge Allison D. Burroughs of the District of Massachusetts.
Getting a shout out this week is Burg Simpson shareholder Mari Perczak, who led a team of construction defect lawyers in securing a $19.48 million award for a 17-building, 82-unit residential common-interest, townhome community in Aurora, Colorado after a 17-day arbitration against publicly-traded homebuilding company Century Communities Inc. and related corporate entities that acted as the developer, builder and general contractor for the project. The Burg Simpson team included shareholder Mike Menghini and trial lawyer Ryan Pardue and had contributions from shareholder Diana Sada and trial attorney Joe Smith.
Here's a shout out to Brian Rocca, Sujal Shah, and Daryl Landy of Morgan, Lewis & Bockius for getting a summary judgement ruling knocking out Clear Connection's antitrust claims against client Comcast on November 18. The court also green-lit a damages trial on Comcast's counter-claims for breach of contract.
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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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