Another Jam-Packed Edition of Litigator of the Week Runners-Up and Shout Outs
Davis Polk & Wardwell and Ridley, McGreevy & Winocur secured the dismissal of criminal charges against the last two remaining individual defendants in the government's long-running probe of alleged price-fixing in the market for broiler chickens.
October 21, 2022 at 07:25 AM
7 minute read
Quick TakesTop runners-up honors this week go to defense teams at Davis Polk & Wardwell and Ridley, McGreevy & Winocur that secured the dismissal of criminal charges against the last two remaining individual defendants in the government's long-running probe of alleged price-fixing in the market for broiler chickens. The government agreed to drop charges against former Pilgrim's Pride employees Jason McGuire and Timothy Stiller after U.S. District Judge Daniel Domenico in Denver last week found most of the government's evidence inadmissible since prosecutors had not sufficiently proven the existence of the charged conspiracy. The defense teams essentially converted the pre-trial briefing and hearing dealing with the application of the hearsay exception to statements by alleged co-conspirators into a criminal summary judgment motion. "The government has shown that the alleged co-conspirators shared pricing information in advance of bids, but this alone is insufficient to prove a conspiracy," wrote Domenico in excluding the 294 proposed exhibits. The Davis Polk team representing McGuire included partners D. Jarrett Arp, Tatiana Martins, Greg Andres, Paul Nathanson and Uzo Asonye; counsel Matthew Cormack; associates Isaac Gelbfish, Matthew Vasilakos, Dan Peck, Kate Mathews, Kyle Victor, Leigh Brinkerhoff, Kevin Sette, Laixin Li, Kelsey Roth, Benjamin Miller and Meghan Patzer; and legal assistants Christine Jegarl and Emily Turner. The Ridley, McGreevy & Winocur team representing Stiller included partners Kristen Frost and Patrick Ridley, and of counsel Robert Fishman.
Runners-up honors also go to Shearman & Sterling partners Ryan Shores, Todd Stenerson and Adam Schwartz who helped defense contractor Booz Allen Hamilton fend off a challenge from DOJ's Antitrust Division to the company's $440 million acquisition of tech company EverWatch. In a decision made public last week, U.S. District Judge Catherine Blake in Baltimore found the government was attempting to "gerrymander" its way to a market definition applicable to a single NSA procurement. Blake's ruling comes after a two-day evidentiary hearing before Blake in September, which itself came at the end of 10-week blitz by the Shearman team to conduct document discovery, 15 fact and expert depositions and motions practice alongside EverWatch's counsel at Latham & Watkins.
Lawyers at Gibson, Dunn & Crutcher, King & Spalding, Quinn Emanuel Urquhart & Sullivan, and Proskauer Rose take home runners-up honors for knocking out a $1 billion lawsuit claiming Fan Duel and its directors cheated company founders and 134 other former officers and employees out of the proceeds of its merger with Paddy Power Betfair. New York's Appellate Division, First Department court in Manhattan unanimously reversed a trial court ruling green-lighting breach-of-fiduciary-duty claims that certain "conflicted" directors undervalued the company. The appellate court held that Scottish, not New York law, applied and under Scottish law company directors generally owe fiduciary duties only to the corporation, not shareholders. The team representing Fan Duel and its directors includes Matthew Biben and Mark Kirsch of King & Spalding and Jennifer Conn of Gibson Dunn. (Kirsch, who argued the appeal, moved from Gibson Dunn to King & Spalding while the case was pending at the First Department.) The Quinn Emanuel team representing KKR included Andrew Rossman, Ellison Ward Merkel and William Adams. Jonathan Weiss, Mike Hackett, Tim Mungovan and Bart Williams of Proskauer represented Shamrock.
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Law Firms Mentioned
- Latham & Watkins
- White & Case
- Proskauer Rose
- Weil, Gotshal & Manges
- Cooley
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Shearman & Sterling LLP
- King & Spalding
- Davis Polk & Wardwell
- Davis Wright Tremaine
- Covington & Burling
- Orrick, Herrington & Sutcliffe
- Quinn Emanuel Urquhart & Sullivan
- Gibson, Dunn & Crutcher
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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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