Litigator of the Week Shout Outs and Runners-Up
Featuring big wins from Baker Botts, Aylstock, Witkin, Kreis & Overholtz, Quinn Emanuel, Wilmer, and more.
May 07, 2021 at 07:46 AM
5 minute read
Our first runner-up this week is a team at Baker Botts that won what appears to be the longest-running hybrid civil trial of the COVID-19 era for off-shore drilling equipment maker Dril-Quip Inc. Rival FMC Technologies Inc. alleged that a former employee conspired with Dril-Quip to steal trade secrets to develop its VXTe subsea tree system. FMC was asking for $35 million in actual damages, $70 million in exemplary damages and injunctive relief. After jury selection conducted in a 10,000-seat arena and three weeks of in-person testimony in a ceremonial courtroom with some witnesses appearing via Zoom, a Houston jury found last week the FMC didn't own the trade secrets at issue in the case. Dril-Quip's trial team was led by Baker Botts partners Danny David, Paul Morico and Liz Flannery.
Bryan Aylstock of Aylstock, Witkin, Kreis & Overholtz, also gets a runner-up nod this week for landing a $7.1 million verdict as lead counsel in the first bellwether trial for three plaintiffs in the 3M earplug multidistrict litigation. After a day of deliberations, a Pensacola, Florida jury found last week that 3M was 100% at fault and granted none of the company's affirmative defenses. The second bellwether trial is set to begin on May 17.
Also landing runners-up honors is the team at Quinn Emanuel Urquhart & Sullivan led by partners Andrew Rossman, Silpa Maruri and Sascha Rand who got a ruling on Friday from the Delaware Chancery Court ordering Kohlberg & Co. to complete its purchase of DecoPac Inc., a Minnesota company that sells cake decorations and technology for use in grocery store bakeries. The decision is a win for Quinn clients DecoPac and private equity seller Snow Phipps. As we noted in Tuesday's column, Rossman previously landed "Litigator of the Week" honors last year working the buyer side of a busted-deal suit in Delaware alongside partners Michael Carlinsky and John Rhie by winning a ruling allowing their client Mirae Asset to walk away from a $5.8 billion deal to buy 15 luxury hotels in the U.S.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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