Litigators of the Week Runners-Up
Kirkland & Ellis scored a knockout win for Sun Pharmaceutical Industries Ltd. in a more than decadelong multidistrict litigation where the company was accused of conspiring to delay the launch of a generic version of the blockbuster cholesterol drug Lipitor.
June 14, 2024 at 07:25 AM
7 minute read
First up this week are Jay Lefkowitz, Devora Allon and Alexandra Russell of Kirkland & Ellis who scored a knockout win for Sun Pharmaceutical Industries Ltd. in a more than decadelong multidistrict litigation where the company was accused of conspiring with Pfizer to delay the launch of a generic version of the blockbuster cholesterol drug Lipitor. U.S. District Judge Peter Sheridan in New Jersey last week granted their motion for summary judgment finding there was no genuine issue of material fact about whether the U.S. Food and Drug Administration would have approved Sun Pharma affiliate's generic version of Lipitor earlier than Nov. 30, 2011, if not for an earlier settlement between the two companies. The judge also denied class certification to proposed classes of direct purchasers and end-payers. Lefkowitz argued the summary judgment motion, Russell argued against the direct purchasers' class certification motion, and Allon argued in opposition to the end payers. The Kirkland team also included partners Kyla Jackson, George Hicks and Megan McGlynn, and associates Kris Morton, Chris Fernandez and Amanda Lamothe-Cadet.
A Boies Schiller Flexner team led by Samuel Kaplan and Hamish Hume revived a protest filed by artificial intelligence client Percipient.ai Inc. challenging a government contract decision by the National Geospatial-Intelligence Agency. The NGA awarded its entire Structured Observation Management, Automation, Augmentation and Artificial Intelligence Framework for Integrated Reporting and Exploitation, or SAFFIRE, contract to CACI Inc.-Federal in 2021. Percipient, which didn't bid on the contract, claimed the government failed to follow statutory guidelines when CACI didn't include its commercially available computer vision system in the SAFFIRE procurement. In a ruling industry watchers called "a major decision addressing bid protest jurisdiction and standing at the Court of Federal Claims," the Federal Circuit last week reversed the lower court's decision dismissing the case on jurisdictional grounds, and remanded it for further proceedings.
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Law Firms Mentioned
- Skadden, Arps, Slate, Meagher & Flom LLP
- Susman Godfrey
- Axinn Veltrop Harkrider
- Boies Schiller Flexner
- Gibson, Dunn & Crutcher
- Kirkland & Ellis
- Munger, Tolles & Olson
- Paul, Weiss, Rifkind, Warton & Garrison
- Freshfields Bruckhaus Deringer
- Hogan Lovells
- Latham & Watkins
- Parker Poe Adams & Bernstein LLP
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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
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
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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