Litigator of the Week Runners-Up and Shout Outs
This week's highlights include an LTL bankruptcy rejection redux.
August 04, 2023 at 07:25 AM
7 minute read
Quick TakesEarlier this year when the Third Circuit nixed Johnson & Johnson's initial attempt to route its talc liabilities into bankruptcy via its subsidiary LTL Management, we handed Litigator of the Week honors to Jeffrey Lamken of MoloLamken, Jonathan Massey of Massey & Gail and Michael Winograd of Brown Rudnick, who co-led the appellate team for the official committee of talc claimants. Last week, back at the bankruptcy court in New Jersey, Chief U.S. Bankruptcy Judge Michael Kaplan dismissed the second LTL bankruptcy filing, finding a "lack of imminent and immediate financial distress." Given that result, runners-up honors this week go to the committee's bankruptcy counsel, including Otterbourg partners Melanie Cyganowski and Adam Silverstein, Brown Rudnick's Winograd and his partners David Molton, Cameron Moxley and Jeff Jonas, as well as Moshe Maimon of Levy Konigsberg.
Also getting a spot among the runners-up are lawyers at Curtis, Mallet-Prevost, Colt & Mosle who secured a Ninth Circuit ruling this week reversing a judgment confirming an international arbitral award of about $1.3 billion against their client, Antrix Corp., India's government-owned space and satellite company. The Ninth Circuit reversed a decision from Senior U.S. District Thomas S. Zilly concluding that the district court lacked personal jurisdiction over Antrix to enforce the International Chamber of Commerce's prior arbitration award to Antrix's foreign investors. The appellate team for Antrix was led by Curtis partner Joseph Pizzurro and included partners Kevin Meehan, Juan Perla and associate Marwa Farag.
An appellate team led by Jay Neukom of Debevoise & Plimpton also gets a runner-up nod. The Federal Circuit this week upheld a ruling knocking out seven patents and more than 120 patent claims related to systems for data compression that Realtime Data brought against Neukom's client Fortinet Inc. as well as eight codefendants. Neukom argued the latest appeal for all of the defendants. The team representing Fortinet also included Debevoise counsel Barbara Barath and Skadden, Arps, Slate, Meagher & Flom partner Douglas Nemec, counsel James Pak, and associates Eliza Edlich and Christopher McKinley.
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Law Firms Mentioned
- Andreas Reiner & Partner
- Latham & Watkins
- Brown Rudnick LLP
- Alston & Bird
- Cleary Gottlieb Steen & Hamilton
- Debevoise & Plimpton
- Kindel & Anderson
- Morris, Nichols, Arsht & Tunnell LLP
- Brownstein Hyatt Farber Schreck, LLP
- Skadden, Arps, Slate, Meagher & Flom LLP
- Simpson Thacher & Bartlett
- Richards, Layton & Finger, PA
- Cooley
- Curtis, Mallet-Prevost, Colt & Mosle 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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