Another Impressive Batch of Litigator of the Week Runners-Up and Shout Outs
This week's runners-up are Barry Berke, Dani James and their team at Kramer Levin Naftalis & Frankel got a ruling knocking out the bribery charges facing former New York Lt. Gov. Brian Benjamin.
December 09, 2022 at 07:25 AM
5 minute read
Our first runners-up are Barry Berke, Dani James and their team at Kramer Levin Naftalis & Frankel who this week knocked out the bribery, honest services wire fraud and conspiracy charges facing former New York Lt. Gov. Brian Benjamin. U.S. District Judge J. Paul Oetken in Manhattan on Monday partially granted their motion to dismiss the indictment against Benjamin. The judge found federal prosecutors failed to allege an "explicit quid pro quo" required to bring bribery and fraud charges against a public official in a case involving fundraising for a political campaign. Benjamin was charged in April with receiving campaign donations from New York real estate developer Gerald Migdol in exchange for securing a $50,000 grant for Migdol's nonprofit in Harlem. Two charges of falsification of records against Benjamin remain pending. The Kramer Levin defense team also includes partner Darren LaVerne and associates Andrew Baum, Michelle Ben-David, Dayna Chikamoto, Samantha Alman, Thomas Twitchell, Bridget Ansel and Rachel Czwartacky, and legal assistants Kimesha Scarbrough and Phillip King.
Runners-up honors also go to a Debevoise & Plimpton team led by the firm's IP litigation group chair David Bernstein and counsel Jared Kagan for fending off a preliminary injunction bid for client Casa Azul Spirits LLC. The company has been making wine under the Casa Azul trademark for 15 years and recently expanded into the market for flavored tequila sodas. Casa Tradición, the maker of Clase Azul tequila, sued Casa Azul for trademark infringement earlier this year pointing to more than 30 Instagram posts where seemingly confused users tagged its products with the #casaazulspirits hashtag. The Debevoise team, however, argued among other things that the two companies make different products with radically different packaging—aluminum cans versus hand-painted ceramic decanters—and their Spanish names have different meanings—"blue house" as opposed "blue class." In a decision delivered from the bench at the injunction hearing last week, U.S. District Judge Lee Rosenthal in Houston denied Clase Azul's PI motion. The Debevoise team representing Casa Azul also includes associates Marissa MacAneney, Nicole Flores, Kelly O'Reilly, Kendra Berry and Victoria Reis, with support from senior litigation case manager Marie Ventimiglia.
Shout out to an appellate team led by William Jay at Goodwin Procter that won a major reversal for The Boeing Co. at the Fifth Circuit late last month. The court on Nov. 21 reversed a district court decision certifying four nationwide classes in a RICO class action brought on behalf of people who paid for about 200 million airline tickets for flights that were flown—or could have been flown—on a Boeing 737 MAX 8. The Fifth Circuit ordered the district court to dismiss the case altogether, finding that the plaintiffs lacked standing since defects to the MAX 8 caused them neither physical nor economic injury. The court concluded plaintiffs would have had to take different, more expensive flights if the defects had been exposed earlier. Jay, the co-chair of Goodwin's appellate and Supreme Court practice, argued the appeal for Boeing. He was joined on the briefs by Goodwin's Jaime Santos and Benjamin Hayes, as well as Brian Schmalzbach, Benjamin Hatch, Gregory DuBoff and Thomas Farrell from McGuireWoods. Boeing's co-defendant Southwest Airlines was represented by a team at Norton Rose Fulbright including Jonathan Franklin, who argued at the Fifth Circuit for the airline, Michael Swartzendruber, Jason Fagelman, James Leito, Philip Tarpley and Peter Siegal.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLaw Firms Mentioned
Trending Stories
- 1Uber Files RICO Suit Against Plaintiff-Side Firms Alleging Fraudulent Injury Claims
- 2The Law Firm Disrupted: Scrutinizing the Elephant More Than the Mouse
- 3Inherent Diminished Value Damages Unavailable to 3rd-Party Claimants, Court Says
- 4Pa. Defense Firm Sued by Client Over Ex-Eagles Player's $43.5M Med Mal Win
- 5Losses Mount at Morris Manning, but Departing Ex-Chair Stays Bullish About His Old Firm's Future
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250