This Week's Litigator of the Week Runners-Up and Shout Outs
Plaintiffs lawyers at Bernstein Litowitz Berger & Grossmann and Cohen Milstein Sellers & Toll reached a $1 billion settlement with Wells Fargo & Co. in what's poised to be one of the 20 largest shareholder settlements of all-time if approved.
May 19, 2023 at 07:25 AM
6 minute read
Quick TakesFirst up are lawyers at Bernstein Litowitz Berger & Grossmann and Cohen Milstein Sellers & Toll, the co-lead counsel in shareholder litigation against Wells Fargo & Co. claiming the bank misled investors about reforms after its 2016 fake accounts scandal. The bank this week agreed to pay $1 billion, which would be one of the 20 largest shareholder settlements of all-time if approved. The deal got preliminary sign-off from U.S. District Judge Gregory Woods in Manhattan within 24 hours of filing. The Bernstein Litowitz team includes Max Berger, who led settlement negotiations, John Browne, Jeroen van Kwawegen, Hannah Ross, Jonathan Uslaner and senior associate Lauren Cruz. The Cohen Milstein team includes Steven Toll, Laura Posner and Molly Bowen.
A team at Cravath, Swaine & Moore led by partners David Marriott and David Kappos got a groundbreaking win for photographers Donald Graham and Eric McNatt in their copyright showdown with celebrity appropriation artist Richard Prince and his associated galleries. U.S. District Judge Sidney Stein in Manhattan last week denied Prince's fair use defense for incorporating the photographers' work in his "New Portraits" series, which took copies of the photographs posted to Instagram alongside his own comments and printed them on canvas.
Runners-up honors also go to lawyers at Munger, Tolles & Olson, Civil Rights Corps, and Public Justice who secured an injunction forcing officials in Los Angeles, home of the largest jail system in the country, to follow a policy enacted during the pandemic barring non-violent, low-level offenders from being detained simply because they are unable to pay cash bail. Following a months-long evidentiary hearing, Los Angeles Superior Court Judge Lawrence Riff this week found that the plaintiffs had shown they're likely to succeed in showing it's unconstitutional for the city and county to jail people until their first court date simply because they can't afford to pay bail. Munger Tolles chair Brad Brian and Salil Dudani of Civil Rights Corps argued the motion for a preliminary injunction. The team also includes Jeffrey Stein, Alec Karakatsanis and Shirley LaVarco of Civil Rights Corps, Brianne Holland-Stergar, Rohit Singla, Rowley Rice, Tiana Baheri, Taylor Benninger and Victoria Degtyareva of Munger Tolles, and Brian Hardingham and Leslie Bailey of Public Justice.
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Law Firms Mentioned
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Bernstein Litowitz Berger
- Cohen, Milstein, Sellers & Toll
- Cravath, Swaine & Moore
- Drinker Biddle & Reath LLP
- Freshfields Bruckhaus Deringer
- Munger, Tolles & Olson
- Patterson Belknap Webb & Tyler LLP
- Proskauer Rose
- Quinn Emanuel Urquhart & Sullivan
- Schroeder, Maundrell, Barbiere & Powers
- Winston & Strawn LLP
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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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