A Cavalcade of Worthy Litigator of the Week Runners-Up and Shout Outs
Our first runners-up his week are litigators at Quinn Emanuel who scored key defense wins in a pair of proposed privacy class actions brought on behalf of users of Google's Chrome browser.
December 16, 2022 at 07:25 AM
8 minute read
Our first runners-up his week are Andrew Schapiro, Stephen Broome and Viola Trebicka of Quinn Emanuel Urquhart & Sullivan, who scored key defense wins in a pair of proposed privacy class actions brought on behalf of users of Google's Chrome browser—cases with billions in damages potentially on the line until this week. In the first suit which alleged the company deceptively collected data from users who chose not to "sync" to their Google accounts while using Chrome to browse the web, U.S District Judge Yvonne Gonzalez Rogers in Oakland granted summary judgment to Google. Rogers found that Google adequately disclosed its practices and users consented to them. In the second, brought on behalf of those using Chrome's "Incognito" private browsing mode, Rogers certified a class for injunctive relief, but declined to certify a class to pursue monetary damages. The judge found that individual issues of implied consent in the "Incognito" case are likely to predominate over any common issues on the damages claims.
A collective runner-up goes to the defense lawyers who got a blockbuster ruling knocking out the general causation experts in cases claiming the heartburn medication Zantac causes cancer. Last week's 300-plus page ruling from U.S. District Judge Robin Rosenberg in West Palm Beach, Florida, also granted summary judgment to the defendants in the Zantac federal multidistrict litigation, which involves about 50,000 claims. Pfizer is represented by Joe Petrosinelli and Jessica Rydstrom of Williams & Connolly; GlaxoSmithKline is represented by Mark Cheffo and Will Sachse of Dechert, along with co-counsel at Kirkland & Ellis and Shook, Hardy & Bacon; Boehringer Ingelheim is represented by Andy Bayman and Rob Friedman of King & Spalding; Sanofi is represented by Loren Brown of DLA Piper and Anand Agneshwar of Arnold & Porter Kaye Scholer; and Patheon Manufacturing Services LLC is represented by Christopher Carton and Erica Mekles of Bowman and Brooke.
Shout out to Roger Cooper and Jared Gerber of Cleary Gottlieb Steen & Hamilton who got a rare defense summary judgment win in a securities class action for client Allergan. Senior U.S. District Judge Colleen McMahon in Manhattan this week knocked out claims that the company misled investors about incidences of a rare form of cancer in patients with Allergan's textured breast implants. The judge found none of the alleged misstatements were either literally untrue or misleading since the science available at the time hadn't concluded that Allergan's implants carried a higher risk than those of other manufacturers. The judge also found a lack of evidence that Allergan's disclosures about its textured implant business, which made up less than 1% of its total revenues, were material.
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Law Firms Mentioned
- Arnold & Porter
- Boehringer Ingelheim
- Cleary Gottlieb Steen & Hamilton
- Cooley
- DLA Piper
- Dechert
- Fox Rothschild
- Katten Muchin Rosenman
- King & Spalding
- Kirkland & Ellis
- Latham & Watkins
- Lewis Roca Rothgerber Christie
- O'Melveny & Myers
- Quinn Emanuel Urquhart & Sullivan
- Shipman & Goodwin
- Shook Hardy & Bacon
- Skadden, Arps, Slate, Meagher & Flom LLP
- Smigel, Anderson & Sacks
- Sullivan & Cromwell LLP
- Weil, Gotshal & Manges
- Williams & Connolly
- Willkie Farr & Gallagher
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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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