DC Rising Stars: Michael Bern, 39
Don't be shy and never be afraid to challenge orthodox thinking.
July 24, 2019 at 02:25 AM
2 minute read
Employer: Latham & Watkins
Title and Practice Area: Partner, Supreme Court and Appellate
What was the most valuable lesson you learned in your first year practicing law? Don't be shy and never be afraid to challenge orthodox thinking. As a young lawyer, I was fortunate to work with mentors who consistently encouraged me to think creatively, speak up, and be willing to challenge the way it's been done before in order to identify the most effective strategy.
Describe your biggest win or accomplishment in practice. I recently successfully argued a Ninth Circuit appeal, leading the court to hold that criminally prosecuting homeless people for sleeping outside when there's no shelter available violates the 8th Amendment. I'm also proud of several compelled commercial speech results, including a recent American Beverage Association Ninth Circuit en banc victory.
Who is your greatest lawyer mentor, and what has he or she taught you? I've worked with many outstanding mentors at Latham, but if forced to pick just one lawyer mentor, I'd pick Justice Sonia Sotomayor, for whom I clerked. She taught me the importance not only of mastering the abstract legal issues, but understanding the people, stories and real world impacts of a case.
Please share a brief key to your success. Understanding a client's business is critical. The ability to analyze cases or write good briefs is important, but understanding a client's business allows one to give advice not only about how to win a case, but to make the right case-related decisions given a client's broader goals and concerns.
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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.
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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