A Stacked Week of Litigator of the Week Runners-Up
Featuring a long-awaited result in an antitrust challenge to a 2013 merger that went to trial in bankruptcy court in 2019.
February 05, 2021 at 07:25 AM
5 minute read
Landing the first runner-up spot this week is a team from Latham & Watkins who defended American Airlines from an attempt to undo its 2013 merger with US Airways. The firm fended off TRO and injunction attempts from private plaintiffs to block the merger back at the time, but U.S. Bankruptcy Judge Sean Lane held a weeklong bench trial in what remained of the case in March 2019. Lane rendered a long-awaited decision this week finding that the plaintiffs hadn't met their burden to show that the merger substantially dampened competition in the passenger airline market. Latham partners Dan Wall and Sadik Huseny and associates Britt Lovejoy, Aaron Chiu and Robin Gushman all had standup roles at trial.
One of last week's runners-up wasted no time getting another win—or two, actually. We told you last week about how Atif Khawaja and Jeremy Fielding of Kirkland & Ellis fought off an attempt by mortgage Lender Caliber Home Loans to force their client Sagent M&C to perform under the terms of a short-term contract renewal. They had successfully argued in Dallas County, Texas District Court that the renewal was procured based on the false representation that the deal would lead Sagent to land more of Caliber's business when Caliber, in fact, had signed a long term deal with a competitor. Well, the day after that ruling Caliber brought on new lawyers to file an accelerated appeal at the Texas Fifth Circuit of Appeals. After expedited briefing, the appellate court denied Caliber's emergency bid to force Sagent to provide services and routed the dispute back to the trial court. The same day as that ruling, Caliber filed an amended complaint and TRO request back at the trial court, which the presiding judge denied.
Phew.
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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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