Litigators of the (Past) Week Runners-Up and Shout Outs
Runners-up honors go to a Weil, Gotshal & Manges team led by Drew Tulumello that represents BNSF Railway in a case brought under the Illinois Biometric…
July 12, 2023 at 07:25 AM
3 minute read
Runners-up honors go to a Weil, Gotshal & Manges team led by Drew Tulumello that represents BNSF Railway in a case brought under the Illinois Biometric Information Privacy Act. U.S. District Judge Matthew Kennelly in Chicago late last month vacated a $228 million damages award against the railway finding that the question of damages under BIPA is discretionary rather than mandatory—something the Illinois Supreme Court addressed four months after the initial trial in the case. The judge ordered a new trial on the damages issue. The Weil team also included senior associate Claire Chapla and associate Robert Niles-Weed.
Runners-up honors also go to a Mayer Brown team led by Carmine Zarlenga that won summary judgment for client Foster Farms dismissing the company from the antitrust case alleging a conspiracy among poultry companies to reduce the supply of broiler chickens to boost prices. U.S. District Judge Thomas Durkin in Chicago found the plaintiffs failed to cite any evidence that Foster joined the alleged conspiracy at any time. The company was among six the judge granted summary judgment to late last month in In Re Broiler Chicken Antitrust Litigation. The Mayer Brown team also included William Stallings, Oral Pottinger, Stephen Medlock (who left the firm for Vinson & Elkins last year), Katherine Bleicher, Ankur Mandhania and Tara More.
Shout out to Grant Fondo of Goodwin Procter who helped crypto exchange Kraken fend off an IRS request for a wide swath of information about account holders. Chief U.S. Magistrate Judge Joseph Spero in San Francisco late last month partially granted the IRS's request, forcing Kraken to turn over user information in cases where customers conducted more than $20,000 in transactions during a calendar year in the applicable period. However, the judge denied the agency's request for further information including user IP addresses, employment data, sources of wealth, net worth and banking details.
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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.
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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.
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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.
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