The Litigator of the Week Runner-Up and a Bunch of Shout Outs
Since 2019, lawyers from Willkie Farr and the ACLU have represented transgender people employed by the state of Arizona pursuing a class action against the state and the Arizona Board of Regents for denying gender-affirming healthcare. They reached a landmark settlement with the state last week.
October 06, 2023 at 07:25 AM
5 minute read
LitigatorsOur first runners-up this week are Wesley Powell and Jordan Wall of Willkie Farr & Gallagher, Joshua Block of the American Civil Liberties Union, and Christine Wee of the ACLU of Arizona. Since 2019 their team has represented transgender people employed by the state of Arizona pursuing a class action against the state and the Arizona Board of Regents for denying gender-affirming healthcare deemed medically necessary. The joint Willkie/ACLU team successfully fought off the state's motion to dismiss, won class certification, and briefed summary judgment before U.S. District Judge Rosemary Márquez in Tuscon prior to the postponement of the summary judgment hearing early this year to allow the parties to pursue settlement talks. In June, independent of the negotiations, Arizona Gov. Katie Hobbs issued an executive order removing an exclusion for "gender reassignment surgery" in the state employee health plan. Márquez signed off on a settlement in the litigation last week that includes a consent decree barring the state from reinstating that exclusion. In addition to Powell and Wall, the Willkie team also included partners Matthew Freimuth and Nicholas Reddick, associates Justin Garbacz, Ciara Sisco, Natalia Benitez, Brandon Villa, Jacob Pargament and Kim Aquino. The ACLU team included Block of the ACLU Foundation, as well as Wee, Victoria Lopez and Gloria Torres of the ACLU Foundation of Arizona.
Shout out to a group of firms that got a win for RMBS investors in Manhattan Supreme Court. Supreme Court Justice Andrew Borrok of the Commercial Division found this week that the deferred principal created through loan modifications should be included as part of the purchase price of certain residential-backed mortgage securities—following a similar decision from a judge in California in August 2022 and another from Borrok in September 2022. The team representing investors included Uri Itkin, Richard D'Amato, Michael Chen and Andrew McWhorter of Akin Gump Strauss Hauer & Feld for HBK Master Fund, McKool Smith principals Courtney Statfeld and Robert Scheef and associate Daniel Hendler representing 400 Capital Credit Opportunities Master Fund Ltd. and Federal Home Loan Mortgage Corp., Sam Lieberman of Sadis & Goldberg representing Deer Park Road Management Co., among others.
Shout out to Koji Fukumura, Ryan Blair, David Mills, Elizabeth Wright, Caitlin Munley, Linh Nguyen, Jessica Taylor and Vivienne Pismarov of Cooley. U.S. District Judge Deborah Boardman in Greenbelt, Maryland last week dismissed a securities suit against their client, quantum computing client IonQ Inc., and the SPAC it merged into, dMY Technology Group Inc. Plaintiffs accused IonQ of misleading investors about its technology and customer base. However, the judge found that plaintiffs couldn't show that a critical short-seller report or a confidential witness cited in the complaint were reliable sources of information.
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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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