The Last Litigator of the Week Runners-Up and Shout Outs of 2021
Our first runners-up at Proskauer Rose got the first trial win for Monsanto on the question of general causation in Roundup litigation.
December 17, 2021 at 07:30 AM
5 minute read
LitigatorsOur first runners-up this week are Bart Williams, Manuel Cachán, Lee Popkin and Shawn Ledingham who led a Proskauer Rose trial team that scored a defense verdict in California state court for Monsanto in a five-month trial where the plaintiff claimed the company's herbicide Roundup caused her non-Hodgkin's lymphoma. Although the company had won one prior defense verdict based on a separate Roundup plaintiff's limited exposure to the product, last week's verdict from a San Bernardino County Superior Court jury was the first to side with Monsanto on the question of general causation.
Cooley partner Michael Tu and senior associate Peter Brody get a runner-up nod this week for winning an injunction in the Delaware Court of Chancery for Hologram Inc., a cellular platform for internet-of-things developers. Greg Caplan, an early advisor to the company, claimed he was entitled to a 10% equity stake in Hologram based on a 2013 email exchange with company founder Ben Forgan. But Chancellor Kathaleen McCormick this week sided with the reading of the exchange put forward by Forgan and company and barred Caplan from moving forward with a private arbitration filed against the company in Illinois. Michael Barlow of Abrams & Bayliss served as Delaware local counsel for Hologram.
Runners-up honors also go to a Gibson, Dunn & Crutcher team led by Allyson Ho and Andrew LeGrand for getting an important reversal at the Court of Appeals for Second Appellate District of Texas in Fort Worth for client Visa Inc. A Texas trial court previously found that Visa's program for securing its network and cardholder data was unlawful and unenforceable in a suit brought by Sally Beauty. The retailer, whose credit card network had been hacked two times in just more than a year's time, went to court to challenge a $14 million liquidated damages assessment passed from Visa to the bank that issued its cards to the company. The Texas appellate court last week found "recovery for damages paid to a third party is common" and all parties within Visa's network were on notice that damages could be recouped after significant breaches. The court of appeals also revived Visa's counterclaim for fraud. The Gibson Dunn team for Visa also included Elizabeth Kiernan, Joseph Barakat and Emily Jorgens.
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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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