Litigator of the Week Runners-Up and Shout Outs!
Our first runner-up this week is Josh Rosenkranz of Orrick, Herrington & Sutcliffe who scored a huge win for Gilead Sciences affiliate Kite Pharma at the Federal Circuit last week.
September 03, 2021 at 07:25 AM
6 minute read
Our first runner-up this week is Josh Rosenkranz of Orrick, Herrington & Sutcliffe who scored a huge win for Gilead Sciences affiliate Kite Pharma at the Federal Circuit last week in a high-stakes patent showdown over a life-saving treatment for a form of B cell lymphoma. In the first case where the Federal Circuit heard in-person arguments in more than a year, Rosenkranz persuaded the appellate court to knock out a $1.2 billion-plus patent infringement judgment rival Juno Therapeutics previously won against Kite Pharma. The court found the underlying patent was invalid for lack of an adequate written description. Kite Pharma was also represented on appeal by a Fish & Richardson team led by Geoff Biegler and Chad Shear and co-counsel at Munger, Tolles & Olson.
Runners-up honors also go to litigators at Akin Gump Strauss Hauer & Feld and Skadden, Arps, Slate, Meagher & Flom who got a ruling from U.S. District Judge William Alsup in San Francisco this week denying class certification in a long-running case against their client, the National Football League. Lawyers for former NFL players claimed the league was negligent in the way it allowed teams to distribute painkillers and other prescription drugs to keep players on the field. But Alsup found the players failed to show that a single body of law could be applied to a class of players who played "for 32 different teams across 23 different states over a period of 35 years." Alsup wrote that a trial of plaintiffs' proposed class would become a "sprawling trainwreck." The Akin Gump team was led by Dan Nash, and included partners Stacey Eisenstein, Greg Knopp, Nate Oleson, Pratik Shah and James Tysse; counsel Elizabeth England and Jonathan Slowik; and associate Margo Rusconi, who recently departed the firm for a judicial clerkship. The Skadden team was led by partners Jack DiCanio and Allen Ruby, who has opened his own solo shop while the case has been pending, and included counsel Caroline Van Ness and associate Niels Melius.
A team from Morgan, Lewis & Bockius also landed a runner-up spot for winning a ruling for MetLife decertifying a collective action brought on behalf of current and former long-term disability claim specialists at the insurance company. U.S. District Judge Alison Nathan in Manhattan found that the claim specialists were exempt employees under the Fair Labor Standards Act and declined to certify classes under New York, Illinois, and Connecticut law. The Morgan Lewis team includes Christopher Parlo, Melissa Rodriguez, Sean Lynch, Ashley Hale, Vishal Shah, Hanna Martin, Sara DeStefano and Tara Lawler.
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Law Firms Mentioned
- Akin Gump Strauss Hauer & Feld
- Orrick, Herrington & Sutcliffe
- Skadden, Arps, Slate, Meagher & Flom LLP
- Quinn Emanuel Urquhart & Sullivan
- Munger, Tolles & Olson
- Fish & Richardson
- Morgan, Lewis & Bockius
- Kirkland & Ellis
- Greenberg Traurig
- Weil, Gotshal & Manges
- Pietragallo, Gordon, Alfano, Bosick & Raspanti, Llp
- Wolf Greenfield Sacks
- Smigel, Anderson & Sacks
- McCarter & English
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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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