Litigator of the Week Runners-Up and Shout Outs
Our first runner-up this week at Paul Hastings scored a dramatic turnaround for start-up fintech bank Aeldra Financial in a trade secret case brought by its CEO's former employer.
October 29, 2021 at 07:25 AM
3 minute read
Our first runner-up this week is a team at Paul Hastings that turned things around for start-up fintech bank Aeldra Financial in a trade secret case brought by its CEO's former employer, East West Bank. U.S. District Judge William Orrick III in San Francisco issued an injunction against Aeldra Financial before the Paul Hastings lawyers stepped in. But after the defense team surfaced an arbitration agreement between EWB and its former executive, as well as published patent applications they say disclosed a majority of the trade secrets EWB is asserting, the judge last week dissolved the injunction and compelled arbitration in the case. The team representing Aeldra Financial is led by global IP co-chair of Paul Hastings, Yar Chaikovsky, and litigation partner Bo Pearl, and includes associates Andy LeGolvan, Boris Lubarsky and David Fox.
Also landing runners-up honors this week is a team at Cohen Ziffer Frenchman & McKenna that got an against-the-grain ruling allowing a pandemic-related insurance coverage case brought by a policyholder to move forward. Judge Raymond Mitchell of the Chancery Division of the Circuit Court of Cook County, Illinois, denied Continental Casualty Company's motion for reconsideration of his earlier ruling denying the insurer's motion to dismiss a business interruption lawsuit filed by Cohen Ziffer client JDS Construction Group, LLC. "Judges are not sheep, and I do not decide a case by counting noses. Further, the 'herd' can be wrong," Mitchell wrote. The team representing JDS includes firm chair Robin Cohen, partners Jillian Raines and Meredith Elkins and counsel Tali Epstein.
Runners-up honors also go to a Beveridge & Diamond team that got two reversals last week from New York's Appellate Division knocking out proposed class actions lawsuits against the operator of two upstate landfills. The suits, brought on behalf of proposed classes of property owners who live near the landfills, brought public nuisance and negligence claims alleging that odors emanating from them harmed private property rights and property values. Mike Murphy argued both appeals for the landfill defendants and was assisted by colleagues Megan Brillault, John Paul, Katelyn Ciolino, Katrina Krebs and James Slaughter.
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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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