Litigator of the Week(s) Runners-Up and Shout Outs
Our first runners-up this week are lawyers from Gibson, Dunn & Crutcher and co-counsel Josh Dubin who scored a $441 million settlement this week for their clients, the founders and early employees of the popular dating app Tinder.
December 03, 2021 at 07:25 AM
8 minute read
Our first runners-up this week are Orin Snyder, Matthew Benjamin and Laura Kathryn O'Boyle of Gibson, Dunn & Crutcher and their co-counsel Josh Dubin. After a four-week jury trial in Manhattan Supreme Court's Commercial Division, the parent companies of Tinder – Match Group, Inc. and IAC/InterActiveCorp. – agreed this week to pay $441 million to their clients, the founders and early employees of the popular dating app, the day before the case was scheduled to go to the jury. The trial, which tested the plaintiffs' claims that defendants had breached contracts covering their stock options, featured testimony from IAC Chairman Barry Diller and former Match Group head Greg Blatt.
Runners-up honors also go to a Proskauer Rose team led by Seth Schafler for work on a case for Bear Stearns successor JP Morgan that Schafler has dubbed the "phoenix of insurance coverage cases." The suit dates back to 2009 and insurers have maintained that a $140 million disgorgement payment Bear Stearns made to the SEC was an uninsurable penalty. The New York Court of Appeals, however, last week revived the coverage dispute for a second time, siding with JP Morgan. "Inasmuch as it was derived from estimates of the ill-gotten gains and harm flowing from the improper trading practices, and was intended—at least in part—to compensate those injured by the wrongdoing allegedly facilitated by Bear Stearns, the $140 million disgorgement payment could not fairly have been understood as a 'penalty' in the context of this wrongful act professional liability insurance policy" wrote Chief Judge Janet DiFiore. Schafler has been joined on the case by partner Steven Obus, who argued at the Court of Appeals, and special litigation counsel Matthew Morris.
Runners-up honors also go to Hildy Sastre and Jon Strongman of Shook, Hardy & Bacon for helping Sanofi-Aventis win a defense verdict in the second bellwether trial in multidistrict litigation over its chemo-therapy drug Taxotere. A federal jury in New Orleans sided with the drug company the Thursday before Thanksgiving, finding that it had not failed to warn women who take the drug to treat breast cancer that it could cause permanent hair loss. Sastre and Strongman previously were named runners-up back in 2019 after winning the first bellwether trial in the MDL, where nearly 12,500 similar lawsuits remain pending.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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