Another Stellar Edition of Litigator of the Week Runners-Up and Shout Outs
A team at Latham & Watkins scored a rare defense verdict based on the entire fairness standard in the Delaware Court of Chancery.
August 26, 2022 at 07:25 AM
6 minute read
Quick TakesThe first runners-up spot this week goes to Eric Leon and his team at Latham & Watkins. They scored a rare defense verdict based on the entire fairness standard in the Delaware Court of Chancery for Cantor Fitzgerald in shareholder derivative litigation brought on behalf of shareholders BGC Partners Inc. challenging its $875 million purchase of financial and real estate brokerage Berkeley Point Financial. After five day trial last October, Vice Chancellor Lori Will last week found that although the buyer, BGC, and seller, Cantor Fitzgerald, shared a controlling stockholder, Howard Lutnick, any incentive he had to get BGC to pay a higher price hadn't swayed the special committee formed to negotiate the sale. "The committee members—each engaged and diligent—bargained with Cantor and obtained meaningful concessions," Will wrote. The Latham trial team also included associates Nathan Taylor, Elizabeth Morris, Rob LaCroix and Richard Frohlichstein. Joe De Simone and Michelle Annunziata of Mayer Brown represented members of the special committee.
Runners-up honors also go to lawyers at Loeb & Loeb and Troutman Pepper Hamilton Sanders who scored a major win for the State of California and the California State Lands Commission. The case in Delaware Bankruptcy Court involved the state's efforts to decommission oil and gas wells previously operated by bankrupt oil driller and processor Venoco. After a five day bench trial in March, U.S. Bankruptcy Judge John Dorsey this week turned back a claim for up to $161 million brought by Venoco's bankruptcy trust finding the state's actions didn't violate the Fifth Amendment or California's Constitution and were a reasonable exercise of its police power. "This type of action by a government entity—action taken to manage a potentially hazardous situation on private property that is not being sufficiently managed by the property owner—is an exemplary illustration of [the commission's] police power," Dorsey wrote. The team included Marc Cohen, Steven Rosenthal, J.D. Taliaferro and Alicia Clough of Loeb & Loeb, and David Fournier and Joanna Cline of Troutman Pepper.
Runners-up honors also go to Angus Chen, Frank Calvosa and Catherine Mattes of Quinn Emanuel Urquhart & Sullivan. After a bench trial in January and closing arguments in April, U.S. Judge Zahid Quraishi in New Jersey sided with their pharmaceutical client Chiesi in a patent challenge to the branded product Cleviprex, an injection for treating high blood pressure from generic drug company Aurobindo. In an opinion unsealed this week, the judge found the patents protecting the branded product valid, enforceable and infringed.
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Law Firms Mentioned
- Richards, Layton & Finger, PA
- Pachulski Stang Ziehl & Jones LLP
- Bass, Berry & Sims
- Kramer Levin Naftalis & Frankel LLP
- Milbank LLP
- Willkie Farr & Gallagher
- Debevoise & Plimpton
- Quinn Emanuel Urquhart & Sullivan
- Loeb & Loeb
- Morgan, Lewis & Bockius
- Pepper Hamilton
- Mayer Brown
- Ashby Geddes
- Berger Singerman
- 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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