Litigator of the Week Runners-Up and Shout Outs
When a $1 billion, top 20 all-time securities settlement is among the runners-up, you know it's been a crazy week.
September 15, 2023 at 07:25 AM
9 minute read
LitigationOur first runners-up this week are lawyers at Bernstein Litowitz Berger & Grossmann and Cohen Milstein Sellers & Toll who got final approval last week of a $1 billion settlement with Wells Fargo & Co. in securities litigation accusing the bank of misleading investors about reforms in the wake of Wells Fargo's 2016 fake accounts scandal. As part of the deal, one of the 20 largest shareholder settlements of all-time, the firms were awarded $180 million, or 18% of the settlement, in attorney fees. U.S. District Judge Jennifer Rochon in Manhattan approved the deal at a hearing last week, noting that the fee was warranted since the case didn't involve SEC or DOJ action, and the company made no restatements. The Bernstein Litowitz team in court at the fairness hearing included Max Berger, John Browne, Jonathan Uslaner and David Duncan. The Cohen Milstein team included Laura Posner, Steven Toll and Molly Bowen.
A team led by A. Thompson Bayliss of Abrams & Bayliss and Margaret Allen, Angela Zambrano, Yolanda Garcia and Rob Hochman of Sidley Austin gets runners-up honors for securing a win from the Delaware Supreme Court for client XRI Investment Holdings LLC, an affiliate of Morgan Stanley Energy Partners. Last week the state's high court, sitting en banc, affirmed XRI's breach of contract win against firm co-founder Gregory Holifield and reversed a lower court decision finding the company was precluded from seeking damages from Holifield or recovery of legal fees advanced to him. Bayliss argued the appeal for XRI. The team also included Sidley counsel Robin Wechkin and Abrams & Bayliss associate Eric Veres.
Our next runner-up spot goes to a team at Akin Gump Strauss Hauer & Feld that represents Bijan Rafiekian, who was convicted in 2019 of acting as an unregistered agent of the Turkish government and conspiring with former National Security Advisor Michael Flynn and others to violate the Foreign Agents Registration Act. After the Fourth Circuit earlier this year upheld the firm's latest win granting Rafiekian a new trial, federal prosecutors this week dismissed the case. Akin partner James Tysse argued the appeal. The trial team was led by partners Stacey Mitchell and Mark MacDougall and included Tysse, counsel Adam Bereston, associates Samantha Block and Madeline Bardi and senior legal assistant Adria Hicks, with local counsel from Robert Trout of Schertler Onorato Mead & Sears.
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7 minute readLaw Firms Mentioned
- Sidley Austin
- Keker, Van Nest & Peters
- Latham & Watkins
- Simpson Thacher & Bartlett
- Quinn Emanuel Urquhart & Sullivan
- Shearman & Sterling LLP
- Cohen, Milstein, Sellers & Toll
- Gibson, Dunn & Crutcher
- Davis Polk & Wardwell
- Mayer Brown
- Milbank LLP
- Ropes & Gray
- Weil, Gotshal & Manges
- Akin Gump Strauss Hauer & Feld
- Amarchand & Mangaldas & Suresh A Shroff & Co
- Goodwin Procter
- Bernstein Litowitz Berger
- Debevoise & Plimpton
- Ice Miller
- Freshfields Bruckhaus Deringer
- Cravath, Swaine & Moore
- Arnold & Porter
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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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