Litigator of the Week Runners-Up and Shout Outs
A Kirkland & Ellis duo lands the top runner-up spot for a summary judgment win in a trade secret showdown between translation companies.
January 28, 2022 at 07:25 AM
3 minute read
Our first runners-up this week are Aaron Marks and Kristin Rose of Kirkland & Ellis, who landed a summary judgment ruling for translation company Lionbridge Technologies and its private equity sponsor, H.I.G. Capital, in a hard-fought trade secrets challenge brought by rival TransPerfect Global. TransPerfect's CEO went all "Game of Thrones" and told the New York Post "Winter is coming for Lionbridge" back when the lawsuit was filed in April 2019. The suit claimed the defendants gained access to confidential Transperfect information during a court-ordered auction of Transperfect shares and attempted to use the info to poach the company's clients. But U.S. District Judge Denise Cote in Manhattan last week found TransPerfect hadn't proven the vast majority of 92 documents it claimed contained trade secrets were either accessed by the defendants or had actual trade secret information. The judge further found Transperfect failed to show it was damaged by any alleged misconduct.
Also landing a runner-up spot is a team at Latham & Watkins that got a ruling upending a proposed false advertising class action accusing Peloton of misrepresenting its catalog of on-demand fitness classes. U.S. District Judge Lewis Liman in Manhattan last week found the proposed lead plaintiff, Eric Fishon, repeatedly impersonated a lawyer in correspondence with Peloton in the run-up to the lawsuit and later gave misleading testimony during his deposition that was "evasive at best" and "perjurious at worst." The Latham team, which also scored a ruling from Liman knocking out claims brought on behalf of a proposed class of Michigan consumers, includes partners Steve Feldman, William (BJ) Trach, William Reckler, Lilia Vazova and Jooyoung Yeu; and associates Alexis Godfrey, Megan Behrman, Lemay Diaz, Andrej Novakovski, Elizabeth Sahner, Cameron Sinsheimer, Caroline Rivera, Caroline Marshall, Lydia Franzek, Katie Garcia, Larry Hong, Ben Herrington-Gilmore and Denver Dunn.
Shout out to Greg Sobolski, Gabriel Bell and Rick Frenkel and their team at Latham. The Federal Circuit this week issued a ruling clearing way for their client Duolingo to proceed with a declaratory judgment action in the Northern District of California against a company claiming the language teaching app infringes patents related to font displays.
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