This Week's LOTW Runner-Up and Shout Outs
Latham & Watkins scored a huge win at the ITC in a trade secret showdown over electric vehicle batteries.
February 19, 2021 at 07:25 AM
4 minute read
Our first runner-up this week is a team at Latham & Watkins led by partners David Callahan and Bert Reiser and counsel Sarah Gragert who got a huge win at the U.S. International Trade Commission in a trade secret battle involving electric vehicle battery technology. The full commission last week largely adopted the holdings of an earlier ruling from an administrative law judge who entered a default judgment for Latham client LG Energy Solutions based on a "document deletion campaign" mounted by rival SK Innovation in anticipation of the investigation. On Feb. 10, the full commission affirmed the ALJ's initial determination and issued a 10-year exclusion order barring SK from importing batteries or components used to make them. The ITC offered SK limited carve-outs for three existing customers and will require SK to get commission sign-off on any "designed-around" products. The Latham team also included Jeffrey Homrig and Joseph Lee.
A shout out goes to a Jenner & Block team led by Stephen Ascher who this week got a first-of-its-kind ruling in a securities fraud class action against a consumer cannabis company. U.S. District Judge Brian Cogan in Brooklyn on Tuesday held that the plaintiffs' claims against Jenner client Curaleaf were based on "the nondisclosure of information that was actually disclosed" and dismissed the suit with prejudice. The Jenner team also included partner Andrew Lichtman and associates Jeremy Ershow and Allison Douglis.
Also on the securities litigation front, shout out to Sara Brody and Jaime Bartlett of Sidley Austin who last week secured dismissal of the last remaining securities suits against SunEdison's officers and directors stemming from the company's 2015 stock price drop and liquidity issues that led to its 2016 bankruptcy. The team managed to get all of the cases resolved within the available insurance coverage, so no individual defendants had to pay damages out of pocket. Sidley partner Norm Blears, counsel Robin Wechkin, and associate Sarah Hemmendinger also worked on the matter.
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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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