Litigator of the Week Runners-Up and Shout Outs
Our first Litigator of the Week runners-up this week at Winston & Strawn scored a major appellate reversal for Cox Communications. You might remember…
March 11, 2022 at 07:25 AM
6 minute read
Our first Litigator of the Week runners-up this week at Winston & Strawn scored a major appellate reversal for Cox Communications. You might remember that a team from Wilmer Cutler Pickering Hale and Dorr landed Litigator of the Week honors last fall for securing an injunction in Delaware Chancery Court barring Cox from partnering with anyone other than T-Mobile to offer retail wireless services. Well, so much for all that. Last week a divided Delaware Supreme Court reversed that decision and remanded the case to determine whether Cox and T-Mobile have discharged their obligations to negotiate in good faith to partner on a wireless launch as required under a settlement agreement in prior patent litigation. The decision potentially re-opens the door to a planned wireless partnership between Cox and Verizon. The Winston team brought in to handle the appeal was led by Geoffrey Eaton, who argued the case at the Delaware high court, Matthew DiRisio, Michael Elkin and Michael Stern. Cox's team also includes Mitchell Stockwell, Joel Bush and Jeffrey Fisher of Kilpatrick Townsend & Stockton and Delaware counsel Stephen Norman and Jaclyn Levy of Potter Anderson & Corroon.
Runners-up honors also go to Robert Van Kirk, the chair of the complex commercial litigation practice group at Williams & Connolly, as well as partner Kennon Poteat and associate Anne Malinee. The City of Missoula this week agreed to pay their client The Carlyle Group $4.13 million in attorney's fees and costs as part of a global settlement in a long-running dispute over a Carlyle fund's purchase of the private water system in the Montana city. The city claimed that Carlyle reneged on a deal to sell the utility to the city. But the Williams & Connolly team got the city's lawsuit which, was originally filed in state court seeking hundreds of millions of dollars, routed to arbitration. An American Arbitration Association panel found last year the city lacked an enforceable verbal agreement regarding the deal.
Also getting a runners-up nod this week is a Quinn Emanuel Urquhart & Sullivan team led by Sean Pak and including Valerie Lozano and Marc Kaplan. U.S. District Judge William Orrick III in San Francisco last week granted summary judgment to the Quinn lawyers' client GoPro in long-running patent litigation brought by Contour IP Holding. The underlying patent covers a point-of-view digital video camera that generates two streams, including a lower quality one that can be transferred to a mobile device where the recording settings can be adjusted remotely. Orrick found on summary judgment that the asserted claims were an unpatentable "abstract idea executed in a generic environment."
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Law Firms Mentioned
- Potter Anderson & Corroon
- Eimer Stahl LLP
- Latham & Watkins
- O'Melveny & Myers
- Wilmer Cutler Pickering Hale and Dorr LLP
- Kramer Levin Naftalis & Frankel LLP
- Sidley Austin
- Debevoise & Plimpton
- Simpson Thacher & Bartlett
- Quinn Emanuel Urquhart & Sullivan
- Kirkland & Ellis
- Winston & Strawn LLP
- Kilpatrick Townsend & Stockton LLP
- Arnold & Porter
- Kindel & Anderson
- Williams & Connolly
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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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