Another Packed Edition of Litigator of the Week Runners-Up and Shout Outs
The Quinn Emanuel trial team that landed a $174.5 million patent infringement verdict against Meta Platforms and its Instagram subsidiary for client Voxer are this week's first runners-up.
September 23, 2022 at 07:25 AM
6 minute read
Quick TakesOur first runners-up this week are Sam Stake, Robert Stone and Mike Powell of Quinn Emanuel Urquhart & Sullivan who landed a $174.5 million patent infringement verdict against Meta Platforms and its Instagram subsidiary for client Voxer. A federal jury in Austin, Texas this week found that the defendants infringed two patents for livestreaming technology held by Voxer, which released its walkie talkie app in 2011. The jury also found that the Voxer patents, which were developed by the company founder Tom Katis to deal with battlefield communications problems he encountered while serving in Afghanistan, were valid.
Runners-up honors also go to Ilann Maazel and Debbie Greenberger of Emery Celli Brinckerhoff Abady Ward & Maazel. The Sixth Circuit this week revived claims brought on behalf of former students at the Ohio State University who say they were abused between 1978 and 1998 by Dr. Richard Strauss, a university physician and athletic team doctor who is now dead. U.S. District Judge Michael Watson in Columbus found last year that Title IX claims that the school was deliberately indifferent to the plaintiffs' heightened risk of abuse were time-barred. But Circuit Judge Karen Nelson Moore wrote for the divided panel this week that the plaintiffs "plausibly allege a decades-long cover up" and "adequately allege that they did not know and could not reasonably have known that Ohio State injured them until 2018," the year the school commissioned an independent investigation into the Strauss case by Perkins Coie. Maazel argued the appeal for the plaintiffs at the Sixth Circuit. The team representing the plaintiffs also includes Marissa Benavides at ECBAWM, Adele Kimmel and Alexandra Brodsky at Public Justice, and attorney Scott Smith in Columbus, Ohio.
Rick Pepperman and Tom White of Sullivan & Cromwell get a nod as runners-up for winning summary judgment in an ERISA class action brought on behalf of Goldman Sachs' 401(k) plan and its 29,000 participants seeking more than $150 million in damages. Plaintiffs claimed that Goldman Sachs and its 401(k) retirement plan committee inappropriately kept mutual funds managed by Goldman Sachs Asset Management—so-called "proprietary funds"—as investment options in the plan. (According to Bloomberg Law, Reliance Trust Co., McKinsey & Co., Wells Fargo & Co., SunTrust Banks Inc., and Deutsche Bank settled similar claims regarding proprietary funds, agreeing to pay out a total of more than $160 million.) U.S. District Judge Edgardo Ramos in Manhattan found last week that the Goldman Sachs defendants monitored investment options appropriately and showed no favoritism towards the proprietary funds, which were all removed as options in the plan more than two years before plaintiffs filed suit.
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Law Firms Mentioned
- Covington & Burling
- Arnold & Porter
- Perkins Coie
- Kindel & Anderson
- Williams & Connolly
- Paul Hastings
- Cole, Schotz, Meisel, Forman & Leonard
- Sullivan & Cromwell LLP
- Kirkland & Ellis
- Quinn Emanuel Urquhart & Sullivan
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Mayer Brown
- Cooley
- Munger, Tolles & Olson
- Sheppard, Mullin, Richter & Hampton
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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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