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
Litigators
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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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.
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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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