Litigator of the Week Runners-Up and Shout Outs
The latest batch includes runners-up dealing with data breaches, boatbuilding, bankruptcy and bad tax advice.
August 25, 2023 at 07:25 AM
5 minute read
First up are Matthew Hellman, Lindsay Harrison and their team at Jenner & Block who got a precedential ruling from the Fourth Circuit reversing a decision certifying damages classes against client Marriott International Inc. in the massive data breach MDL facing the hotel chain. The appellate court held that Senior U.S. District Judge Paul Grimm of Greenbelt, Maryland erred by granting class certification before considering whether the plaintiffs had signed valid and enforceable class-action waivers. "The time to address a contractual class waiver is before, not after, a class is certified," Circuit Judge Pamela Harris wrote for the panel. The decision also reversed the lower court's decision certifying an issue class against Accenture LLP, an IT service provider that managed the hacked database at issue in the case. Accenture is represented by a Kirkland & Ellis team led by partners Craig Primis and Devin Anderson, who argued the case before the Fourth Circuit alongside Jenner's Hellman.
Also getting a runner-up spot is the team at Wiggin and Dana led by Joe Casino and Nathan Denning whose work for the Mystic Seaport Museum in Connecticut we featured in yesterday's column. U.S. District Mary McElroy in Providence, Rhode Island last week granted summary judgment to the museum agreeing with its reading of a 1989 agreement with storied naval architecture and shipbuilding company Sparkman & Stephens. The judge was persuaded that the agreement allows the museum to sell copies of S&S drawings it has been entrusted with to people using them to restore existing boats. The Wiggin and Dana team representing the museum also includes partner Frank Duffin and associates Hannah Blonshteyn, Sean Vallancourt and Evan Bianchi.
Runners-up honors also go to the team of bankruptcy, litigation and appellate lawyers at Proskauer Rose who got a precedential ruling from the Eighth Circuit this week opening the door for debtors to increase the value of their estates by selling the rights to pursue so-called "avoidance actions"—adversary proceedings seeking to unwind or "avoid" deals done by the debtor in the run-up to bankruptcy. Proskauer represents ARKK Food Company, which held an unsecured claim for about $7 million against Simply Essentials LLC, an Iowa chicken processing facility liquidating via Chapter 7. After the Proskauer team found what they thought were about $100 million in viable claims against company insiders, the client exchanged its unsecured claim for 85% ownership of the estate's avoidance actions and the right to prosecute them. "Whether the avoidance action is brought by the trustee or by a creditor, the action is brought for the benefit of the estate and therefore belongs to the estate," Circuit Judge Judge Michael Melloy wrote this week for the court, upholding the bankruptcy court's decision below. Daniel Desatnik and Max Greenberg led the firm's bankruptcy team on the matter, Todd Ohlms, Jordan Leader and Javier Sosa led the litigation team, and John Roberts and Shiloh Rainwater led the appellate team.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLaw Firms Mentioned
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
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.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250