Litigator of the Week Runners-Up and Shout-Outs
Davis Polk & Wardwell secured a win for Morgan Stanley in a case the firm has handled since 2012 against German bank IKB Deutsche Industriebank AG stemming from IKB's purchase of residential mortgage-backed securities between 2005 and 2007.
August 30, 2024 at 07:25 AM
5 minute read
James Rouhandeh and his team at Davis Polk & Wardwell secured a win for Morgan Stanley in a case the firm has handled since 2012. German bank IKB Deutsche Industriebank AG sued Morgan Stanley for common law fraud based on IKB's purchase of residential mortgage-backed securities between 2005 and 2007. Over the years, courts trimmed IKB's claims until only two alleged misrepresentations remained for trial–those dealing with the loan-to-value ratios and owner-occupancy status of the underlying loans. This week, after the Davis Polk team successfully petitioned the court to limit trial presentations to just those issues, plaintiffs conceded that they could not prove their fraud claims. Manhattan Supreme Court Justice Melissa Crane entered judgment for Morgan Stanley this week. The Davis Polk team also includes partners Greg Andres, Dana Seshens, counsel Daniel Schwartz, associates Matthew Brock, Tess Liegeois, Michael Pucci, Muhammad Sardar, Jaclyn Willner, Cristina Lauren Lang, John Chapman III, Zach Zaremba and Tony Sun, and legal assistants Mariana Lee and Payton Altman.
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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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