A SCOTUS-Heavy Edition of Litigator of the Week Runners-Up and Shout Outs
Highlights this week include U.S. Supreme Court wins by Kirkland & Ellis and Sidley Austin.
July 02, 2021 at 07:25 AM
5 minute read
Our first runners-up this week are Kirkland & Ellis partners Paul Clement and Erin Murphy who were on the winning side of three Supreme Court decisions in the last week of the court's calendar, bringing the firm's record during this term to a perfect 5-0. Working alongside partner Matt Rowen, the pair scored a major win for Alaska Native Corporations, or ANCs, in Yellen v. Confederated Tribes of the Chehalis Reservation when the court found that the ANCs qualify as Indian tribes under the Indian Self-Determination and Education Assistance Act. The ruling means the ANCs could be eligible for more than $500 million in pandemic-relief funding. On the same day, that same Kirkland trio scored a big defense-side win in TransUnion LLC v. Ramirez, where the court limited consumers' ability to seek class action damages under the Fair Credit Reporting Act when alleging harm from privacy and data security breaches. (Julia B. Strickland, Stephen J. Newman and Christine E. Ellice of Stroock & Stroock & Lavan were co-counsel on the Transunion case.) Clement and Murphy also scored a 5-4 win in PennEast Pipeline Company v. New Jersey, allowing their client to use the federal government's eminent domain power to seize property controlled by New Jersey to build an interstate natural gas pipeline.
A pair of Sidley Austin lawyers also land runners-up honors this week for their wins at SCOTUS. Peter Keisler convinced a six-judge majority of the court that small refiners like his client HollyFrontier Corp. are eligible to receive a hardship exemption from the requirements of the Clean Air Act's Renewable Fuel Standard even after they've allowed the coverage of a prior exemption to lapse. And partner Rob Hochman got an important 5-4 win for Minerva Surgical, Inc. significantly narrowing the court's decades old "assignor estoppel" doctrine, which bars inventors who have sold their inventions or moved on from their former employer from turning around and attacking the patent's validity in court.
Runners-up honors also go to Mike Rhodes, Patrick Gunn, and associate Lilia Lopez of Cooley who got a trade secret case brought against client Rappi, a Colombia-based company that operates the largest on-demand delivery app in Latin America, knocked out on forum non conveniens grounds. In dismissing the suit, U.S. District Judge Vince Chhabria wrote that this "is a Colombian dispute, involving Colombian citizens, Colombian trade secrets, and alleged misappropriation to create an application that serves markets in Latin America. California's relevance to, and interest in, the dispute is peripheral at best." Associates Sharon Song and Jorge Sarmiento assisted 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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