A Frightfully Full Edition of Litigator of the Week Runners-Ups and Shout Outs
Dan Webb of Winston & Strawn led a team representing Versata Software in a three-week trial involving automotive configuration software where a Detroit jury hit Ford Motor Co. with a $100 million damages verdict.
October 28, 2022 at 07:25 AM
8 minute read
LitigationOur first runners-up this week are a trial team led by Dan Webb at Winston & Strawn, along with his partner Matthew Carter, Steven Mitby of Mitby Pacholder Johnson, and Jaye Quadrozzi of Young, Garcia, & Quadrozzi. After a three-week trial, a federal jury in Detroit awarded their client Versata Software Inc. more than $100 million in damages in a breach of contract and trade secret misappropriation showdown with Ford Motor Co. involving automotive configuration software. After a day-and-a-half of deliberations, eight jurors unanimously found this week that Ford breached the parties' subscription agreement by reverse engineering Versata's software for its own use and sided with Versata on multiple trade secret claims. Jurors also denied Ford's breach of contract counterclaim. The trial team also included Winston & Strawn partner Brian Nisbet, associates Sarah Krajewski, John Drosick, Sam Zuidema, Monica Kociolek, Kelly Mannion Ellis, Pat Simonaitis and Tyree Petty-Williams, paralegals Martha Calvo and Schantel Deal-Ross, and practice coordinator Sandra Bell. The Mitby Pacholder Johnson team also included partner Timothy Johnson, attorney Drew Kim and paralegal Geoff Litke. The Young, Garcia & Quadrozzi team also included paralegal Shelley Kulick. Versata also had additional counsel from Jones & Spross including Lance Jones, Jennifer Trillsch and Sharoon Saleem.
Runners up honors also go to Nicholas Secco of Benesch, Eric Klein of Beveridge & Diamond, and Alex Swanson of Rutan & Tucker. After a three-day bench trial they handled in May, U.S. District Court Judge Stephen V. Wilson in Los Angeles last week found that California regulators couldn't hold their clients liable for cleanup costs in the residential areas within a 1.7-mile radius of a former lead battery recycling plant in Vernon, California. The state has budgeted a total of $700 million to clean up residential and industrial sites surrounding the factory. The trial leaves pending who among the plant's former owners and operators is liable for cleanup for the industrial portion of land in the half-mile radius around the facility. Swanson previously practiced at Gibson Dunn & Crutcher during May's bench trial.
Runners-up honors also go to Robin Cohen, Keith McKenna and Meredith Elkins of Cohen Ziffer Frenchman & McKenna. In a case of first impression in Delaware Superior Court, they cleared the path for client Verizon Communications to recover about $120 million in defense and settlement costs, plus prejudgment interest likely to be more than $50 million. Judge Eric Davis in Wilmington last week granted their summary judgment motion finding that a fraudulent transfer claim pursued against Verizon by a bankruptcy trustee qualified as a "securities claim" under the applicable policies.
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7 minute readLaw Firms Mentioned
- Eckert Seamans Cherin & Mellott, LLC
- King & Spalding
- Quinn Emanuel Urquhart & Sullivan
- Patterson Belknap Webb & Tyler LLP
- Pillsbury Winthrop Shaw Pittman
- Beveridge Diamond
- Winston & Strawn LLP
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Sullivan & Cromwell LLP
- Kirkland & Ellis
- Rutan Tucker
- Greenberg Traurig
- Cooley
- Cravath, Swaine & Moore
- Latham & Watkins
- Gibson, Dunn & Crutcher
- Kindel & Anderson
- Mayer Brown
- Benesch
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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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