A Fresh Batch of Litigator of the Week Runners-Up and Shout Outs
Runners-up this week include litigators at Skaden and Sheppard Mullin.
February 03, 2023 at 07:25 AM
5 minute read
Our first runner-up spot goes to a team at Skadden, Arps, Slate, Meagher & Flom who got cryptocurrency exchange Coinbase Global and its CEO Brian Armstrong out from under federal securities claims in a proposed class action. Plaintiffs claimed that certain assets that Coinbase allows users to buy and sell qualify as securities and that the company is not registered as an exchange or broker-dealer with the U.S. Securities and Exchange Commission. But Manhattan U.S. District Judge Paul Engelmayer this week found Coinbase is not a statutory seller of securities under the relevant precedent since under its user agreement it neither holds nor passes title for the underlying assets. The judge, however, declined to exercise jurisdiction over certain state law claims, dismissing them without prejudice. The Skadden team includes Jay Kasner, Lara Flath, Alexander Drylewski, Abigail Davis, Kyle Schwartz and Shireen Lankarani.
With all apologies to the Quinn Emanuel Urquhart & Sullivan team that won LOTW honors for recovering $3.7 billion in Affordable Care Act risk corridor funds for insurers a couple of years back, a team at Sheppard Mullin lands a runner-up spot this week for sending the Quinn team back to the drawing board on their request for $185 million in attorney fees in the case. The Federal Circuit this week found the U.S. Court of Federal Claims abused its discretion and hadn't adequately justified the "extraordinarily high award," which amounted to 5% of recoveries, and ordered the lower court to perform a lodestar crosscheck on remand. The Sheppard Mullin team, which represented Kaiser Foundation Health Plan, UnitedHealthcare, and related entities in objecting to the fee award, includes partner Moe Keshavarzi and associates Jack Burns and Matthew Halgren.
Shout out to a team at Akin Gump Strauss Hauer & Feld led by partners James Tysse and Aileen McGrath who got an appellate win allowing the Seneca Nation to proceed in its lawsuit challenging New York officials' continuing operation of the New York State Thruway across the Nation's Cattaraugus Reservation. The Second Circuit last week turned back the defendants' attempt to knock out the Nation's claims based on a 2004 judgment in an earlier suit finding that New York state was an indispensable party and immune from suit under the Eleventh Amendment.
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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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