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
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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