Litigator of the Week Runners-Up and Shout Outs
Runners-up this week include litigators from Quinn Emanuel, Sidley Austin, and Skadden.
January 12, 2024 at 07:25 AM
5 minute read
LitigatorsAndrew Berdon, Anastasia Fernands and Robert Wilson of Quinn Emanuel Urquhart & Sullivan land runners-up honors this week for scoring a key win for Sarepta Therapeutics Inc. which faced potential damages of more than $900 million in a patent challenge to its gene therapy for Duchenne muscular dystrophy, a fatal disease that prevents the production of a protein needed to develop key muscles. U.S. District Judge Richard Andrews in Delaware last week granted summary judgment to Sarepta finding that key claims of a RegenxBio Inc. patent were directed toward patent-ineligible subject matter. Berdon, Fernands and Wilson argued the summary judgment motions for Sarepta, with additional lawyers from Quinn, Finnegan, Henderson, Farabow, Garrett & Dunner and Morris, Nichols, Arsht & Tunnell on the briefs.
Amy Lally, the global co-leader of the consumer class actions practice at Sidley Austin, had a pair of big wins for clients in California federal courts. She and partner Ian Ross led a team representing The Container Store Inc. in a Video Privacy Protection Act case where the company was accused of reporting views of videos on its webpage to TikTok. U.S. District Judge Hernán Vera in Los Angeles last week found that plaintiffs failed to show that The Container Store met the VPPA definition of a "video tape service provider" or that that plaintiff was a "purchaser" of video services or a "consumer" under the federal video privacy law. The Sidley team on that matter also included managing associate Sophie Green.
Lally and partner Tacy Flint led a team representing dietary supplement company Golo LLC in fending off consumer claims brought under California's Sherman Law. U.S. District Judge Dale Drozd in Sacramento, who previously allowed the Sherman Law claims to survive a motion to dismiss, this week granted Golo's motion to reconsider his earlier decision. The judge found that a Ninth Circuit decision handed down since his earlier ruling clarified that the plaintiffs' so-called "implied disease claims" were preempted by the federal Food, Drug, and Cosmetic Act. The Sidley team representing Golo also included senior managing associate Rachel Hampton and managing associate Kris Martinez.
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Law Firms Mentioned
- Morris, Nichols, Arsht & Tunnell LLP
- Winston & Strawn LLP
- Perkins Coie
- Finnegan, Henderson, Farabow, Garrett & Dunner
- Sheppard, Mullin, Richter & Hampton
- Sidley Austin
- Barnes & Thornburg
- Pepper Hamilton
- Quinn Emanuel Urquhart & Sullivan
- Bradley Arant Boult Cummings LLP
- Skadden, Arps, Slate, Meagher & Flom LLP
- Pillsbury Winthrop Shaw Pittman
- Bracewell
- Fish & Richardson
- Debevoise & Plimpton
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Who Got The Work
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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.
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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.
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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