Litigator of the Week Runners-Up and Shout Outs
Visa and Mastercard can't escape the latest round of swipe fee antitrust litigation on summary judgment.
March 15, 2024 at 07:25 AM
7 minute read
First up, we have another big decision in antitrust litigation against Visa Inc. and Mastercard Inc. over swipe fees. Chief U.S. District Judge Margo Brodie in Brooklyn found that groups of retailers raised triable questions as to whether they directly pay interchange fees and are direct purchasers of card-acceptance services, denying the credit card companies' motion for summary judgment. The decision was issued under seal last month and was made public last week. Visa, in a recent securities filing, said the range of damages the plaintiffs are seeking through 2022 is between $25 and $35 billion, prior to any trebling. Plaintiffs' counsel includes Steig Olson, Alicia Cobb and David Leray of Quinn Emanuel Urquhart & Sullivan, who represent Home Depot. Robert Eisler and a team Grant & Eisenhofer, who represent retailers seeking equitable relief. Jeff Shinder of Constantine Cannon, represents 7-Eleven alongside colleagues Owen Glist, Taline Sahakian and Ankur Kapoor. Litigators at Vorys, Sater, Seymour and Pease and Gibbs & Bruns represent Target.
Three men accused of conspiring to sell handwritten lyrics allegedly stolen from Eagles co-founder Don Henley secured a dismissal of all charges last week from the Manhattan district attorney's office, a week and a half into trial. After defense counsel received 6,000 pages of previously withheld material midtrial, Manhattan Supreme Court Justice Curtis Farber said at a hearing last week that Henley and his lawyers had used attorney-client privilege "to obfuscate and hide information that they believed would be damaging to their position that the lyric sheets were stolen." Rare book dealer Glenn Horowitz was represented by Jonathan Bach, Avery Medjuck and Jason Driscoll of Shapiro Arato Bach. Rock & Roll Hall of Fame curator Craig Inciardi was represented by Stacey Richman of Richman Hill & Associates. Auctioneer Edward Kosinski was represented by Milbank partners Scott Edelman and Matthew Laroche, and associates Lacey Reimer and Jeremy Wertz.
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Law Firms Mentioned
- Grant & Eisenhofer
- Kirkland & Ellis
- Brown Rudnick LLP
- Milbank LLP
- Kasowitz Benson Torres
- Greenberg Traurig
- Clifford Chance
- Vorys, Sater, Seymour and Pease LLP
- Gibbs & Bruns
- Ropes & Gray
- McDermott Will & Emery
- Davis Wright Tremaine
- Constantine Cannon LLP
- Vinson & Elkins
- Quinn Emanuel Urquhart & Sullivan
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
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Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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