Another Stacked Batch of Litigator of the Week Runners-Up and Shout Outs
Adam Alper and Mike De Vries of Kirkland & Ellis kept their two-plus year trial winning streak alive with their sixth straight jury verdict.
March 25, 2022 at 07:25 AM
6 minute read
Our first runners-up are Adam Alper and Mike De Vries of Kirkland & Ellis, who kept their two-plus year trial winning streak alive with their sixth straight jury verdict, a streak that includes four straight wins for plaintiffs in trade secrets cases. A federal jury in San Jose, California this week awarded their client Comet $40 million, including $20 million in punitive damages after finding that rival XP Power "willfully and maliciously" stole trade secrets related to a radio-frequency power generator and RF matching network.
Also getting a runner-up nod this week are Matthew Biben, Allyson Ho and Mylan Denerstein of Gibson, Dunn & Crutcher. Their clients DraftKings and FanDuel got a key win at the New York Court of Appeals this week when the state's high court found that a law authorizing interactive fantasy sports contests does not violate the New York constitution. Victor Paladino senior assistant solicitor general for New York argued the case for the state with amicus support from Gibson Dunn lawyers, who have been representing the companies for the past seven years in New York cases contending certain fantasy sports offerings constitute illegal gambling.
Gretchen Hoff Varner and her team at Covington & Burling get runners-up honors for persuading U.S. District Judge Wilhelmina Wright in St. Paul, Minnesota to vacate her earlier summary judgment order and side with client Target in an insurance coverage dispute related to the retailer's 2013 data breach. This week's ruling requires the insurer to indemnify Target for the costs of replacing the payment cards, which was part of the company's earlier settlement with card-issuing banks. The Covington team also included John Buchanan, David Goodwin, Yurij Melnyk and Ryan Buschell.
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Law Firms Mentioned
- Manatt, Phelps & Phillips
- Kirkland & Ellis
- Sidley Austin
- Fish & Richardson
- Covington & Burling
- Quinn Emanuel Urquhart & Sullivan
- Sheppard, Mullin, Richter & Hampton
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Gibson, Dunn & Crutcher
- Paul, Weiss, Rifkind, Warton & Garrison
- Morgan, Lewis & Bockius
- Skadden, Arps, Slate, Meagher & Flom LLP
- Latham & Watkins
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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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