A Two-Week Batch of Litigator of the Week Runners-Up and Shout Outs
Our runners-up at Hueston Hennigan landed a $175 million damages award against VPX, the maker of the "Bang" energy drink, after an arbitrator found it doesn't contain creatine.
April 15, 2022 at 07:25 AM
9 minute read
LitigatorsOur first runners-up are John Hueston, Moez Kaba and their team at Hueston Hennigan. Following a two-week Zoom trial last year, last week they landed a $175 million damages award against VPX, the maker of the "Bang" energy drink, after an arbitrator found the drink doesn't contain creatine. VPX could only use the "Bang" mark on "creatine-based" products or products sold in the vitamin and dietary supplement sections of stores under a 2010 agreement with drink maker Orange Bang, which was represented by counsel at Knobbe Martens in the litigation. The Hueston Hennigan team represented Monster Energy Company which took a partial assignment of Orange Bang's rights under the agreement with VPX to pursue breach of contract and trademark infringement claims. The arbitrator also awarded more than $9 million in attorney fees and costs and a 5% royalty on all future net sales of VPX's Bang-branded products. The Hueston Hennigan trial team also included Allison Libeu, Lauren McGrory Johnson, Sourabh Mishra, Brandon Marsh, Michael Todisco, Julia Haines, Justin Greer, Segun Babatunde and Amber Munoz.
Mike Lyle, Nelly Merkel and Keith Forst of Quinn Emanuel Urquhart & Sullivan also get a runner-up spot for their summary judgment win for Express Scripts in a closely watched healthcare dispute where Anthem Inc. was seeking $14.8 billion in damages. Late last month U.S. District Judge Edgardo Ramos in Manhattan ruled Express Scripts wasn't contractually obligated to provide Anthem competitive benchmark pricing for pharmacy benefits services, but only to negotiate in good faith.
Runners-up honors also go to Eamonn Gardner, Matthew Brigham, Dena Chen, Priya Viswanath, Stephen Smith and Jeffrey Karr of Cooley. Late last month U.S. District Judge Paul Byron in Orlando granted summary judgment of non-infringement to client Qualcomm on the last remaining 11 patents-in-suit in a long-running patent litigation brought by ParkerVision targeting aspects of virtually all the cellular transceiver products Qualcomm sold over a ten-year span.
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Law Firms Mentioned
- Paul, Weiss, Rifkind, Warton & Garrison
- Quinn Emanuel Urquhart & Sullivan
- Covington & Burling
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Cooley
- Debevoise & Plimpton
- Gibson, Dunn & Crutcher
- Kindel & Anderson
- Arnold & Porter
- Hunton Andrews Kurth
- Mayer Brown
- Morgan, Lewis & Bockius
- Kirkland & Ellis
- Morrison & Foerster LLP
- Knobbe Martens Olson
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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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