Litigator of the Week Runners-Up and Shout-Outs
Litigation teams at Gibson, Dunn & Crutcher and Sullivan & Cromwell secured a nationwide injunction blocking the Federal Trade Commission's proposed ban on non-compete agreements, which was set to go into effect early next month.
August 23, 2024 at 07:25 AM
6 minute read
First up are Amir Tayrani, Andrew Kilberg and their team at Gibson, Dunn & Crutcher and Jeff Wall, Judson Littleton and their team at Sullivan & Cromwell, who secured a nationwide injunction blocking the Federal Trade Commission's proposed ban on non-compete agreements, which was set to go into effect early next month. U.S. District Judge Ada Brown in Dallas this week found that the FTC exceeded its statutory authority and held that its proposed rule was "arbitrary and capricious" in violation of the Administrative Procedure Act. "In sum, the Rule is based on inconsistent and flawed empirical evidence, fails to consider the positive benefits of non-compete agreements, and disregards the substantial body of evidence supporting these agreements," Brown wrote. Gibson Dunn represented tax services and software provider Ryan, which filed the initial lawsuit challenging the proposed rule. Aside from Tayrani and Kilberg, the Gibson Dunn team included Eugene Scalia, Allyson Ho, Aaron Hauptman, Josh Zuckerman and Elizabeth Kiernan, as well as Chad Fillmore and Dusty Fillmore of The Fillmore Law Firm. The Sullivan & Cromwell team represented a group of advocacy groups that intervened in the suit—the U.S. Chamber of Commerce, Business Roundtable, Texas Association of Business and Longview Chamber of Commerce. The intervenors' team also included Robert Sayles and Boyce Holleman of Bradley Arant Boult Cummings, Jordan Von Bokern and Tyler Badgley of the U.S. Chamber Litigation Center and Liz Dougherty of Business Roundtable.
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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.
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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.
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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.
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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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