Litigator of the Week Runners-Up and Shout Outs
Runners-up this week include teams from Reid Collins & Tsai, Kasowitz Benson Torres, and Hogan Lovells partner and #appellatetwitter regular Sean Marotta.
October 15, 2021 at 07:25 AM
4 minute read
LitigationOur first runners-up this week are William Reid IV and Nathaniel Palmer of Reid Collins & Tsai, who landed one of the largest ever settlements in shareholder derivative litigation, a $300 payout to minority shareholders in Renren Inc., a company once dubbed the "Facebook of China." The deal, which still requires sign-off from New York State Supreme Court Justice Andrew Borrok in Manhattan, is subject to a "true up" process that could take that number higher. Reid and Palmer fended off a defense dismissal bid claiming the plaintiffs lacked standing to assert claims under Cayman Islands law in New York state court and got that ruling to stand up on appeal. The plaintiffs are represented by co-counsel at Grant & Eisenhoffer, Gardy & Notis and Ganfer Shore Leeds & Zauderer.
A team from Kasowitz Benson Torres takes home a runner-up spot for getting a ruling from U.S. District Judge Sharon Gleason in Alaska clearing the way for 26 million pounds of frozen fish to cross the border from Canada. The temporary restraining order bars the U.S. Customs and Border Protection while the litigation is pending from fining shippers under the Jones Act for using a short rail strip running from New Brunswick, Canada to the Calais, Maine, border crossing. The 1920 federal law requires domestically shipped cargo to be carried by vessels built in the U.S. and 75% crewed by Americans. According to the plaintiffs, Alaska Reefer Management and Kloosterboer International Forwarding, CBP began issuing penalties under the law in August to the tune of $350 million and intended to issue $41 million more if the pollock stranded in Canada came into the U.S. via the route in question. The Kasowitz team representing the plaintiffs is led by partners Marc Kasowitz, Hector Torres, David Ross, David Abrams and Kim Conroy.
In a less colorful but no less impactful win, Hogan Lovells partner and #appellatetwitter regular Sean Marotta gets a runner-up nod this week for landing a major jurisdictional ruling from New York's high court. The ruling came in a case Marotta is handling for the Ford Motor Co. in which the company is being sued by a New York couple involved in an accident in Virginia. The New York State Court of Appeals rejected the plaintiffs' theory that Ford and Goodyear, represented by co-counsel Jayne Risk of DLA Piper, consented to general jurisdiction in New York courts simply by registering as out-of-state businesses. The registration required to do business in the state involves designating a local agent for service of process, but the court held it had "never conflated statutory consent to service with consent to general jurisdiction." The court concluded that "under existing New York law, a foreign corporation does not consent to general jurisdiction in this state merely by complying with the Business Corporation Law's registration provisions."
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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.
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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.
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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