Litigator of the Week Runners-Up and One Big Shout Out
Runners up from Davis Wright Tremaine, Gibson Dunn, Paul Weiss, Quinn Emanuel, and a big shout out to Fisch Sigler.
March 19, 2021 at 07:25 AM
4 minute read
Our first runner-up this week is a team at Davis Wright Tremaine that scored a major appellate reversal for short-seller Muddy Waters. A trial court in California had previously found that Muddy Waters-authored reports–reports that raised allegations that a large Chinese aluminum company had fraudulently inflated sales figures–amounted to "commercial speech" and fell outside the protections of the state's anti-SLAPP law. But last week, California's Fourth District Court of Appeal granted what the justices themselves called an "extraordinary" writ in the case. The ruling orders the lower court to strike the complaint finding the underlying claims arose from protected speech on matters of public concern. The Davis Wright team was led by partners Bruce Johnson, Ambika Kumar, and Diana Palacios.
A Gibson, Dunn & Crutcher team led by Josh Krevitt, Paul Torchia and Kate Dominguez also nab a runner-up spot for their win for EMC in a patent case brought by ACQIS. In a ruling handed down last month that was made public last week, U.S. District Judge Allison Burroughs in Boston granted summary judgment of non-infringement for EMC on all eight patents remaining in the case relating to modular computing systems. The ruling came after ACQIS had secured tens of millions of dollars in settlements from others by asserting the same patents. The Gibson Dunn team forced ACQIS to take positions in Patent Office proceedings challenging the patents that led to favorable claims construction in the case for EMC.
Also landing runners-up honors this week is a team at Paul, Weiss, Rifkind, Wharton & Garrison that knocked an antitrust class action brought on behalf of hospitals and healthcare providers in the U.S. accusing firm client Becton, Dickinson and Co. of conspiring with distributors to inflate the prices of syringes and IV catheters. Paul Weiss partner Bob Atkins previously landed LOTW honors in 2016 for fending off similar allegations from BD competitor Retractable Technologies Inc. at trial in the Eastern District of Texas and in the Fifth Circuit. In the provider case, U.S. District Judge Nancy J. Rosenstengel in East St. Louis, Illinois granted BD's motion to dismiss with prejudice finding that the plaintiffs' conspiracy claim was "implausible on its face." Atkins led the Paul Weiss team along with partners Jacqui Rubin and Bill Michael, who argued the motion to dismiss.
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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.
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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.
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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.
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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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