Appellate Hot List 2019: Wilmer Cutler Pickering Hale and Dorr
Danielle Spinelli discusses the firm's top U.S. Supreme Court win.
October 25, 2019 at 02:30 PM
2 minute read
Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.
Among our three [U.S.] Supreme Court victories was Mission Product Holdings v. Tempnology, a highly significant Chapter 11 case. Mission held that trademark licensors cannot terminate licensees' rights to trademarks by rejecting a license agreement in bankruptcy. The decision resolved a fundamental confusion that has persisted for decades over the meaning of "rejection," a central bankruptcy concept, holding that rejection is the equivalent of a nonbankruptcy breach and cannot eliminate rights that would survive such a breach. Our reading of the Bankruptcy Code prevailed because it was grounded in the text and made sense of the code's overall structure and history.
How did your firm approach appellate success over the past year?
Mission illustrates how we combine our top-notch appellate capabilities with deep substantive knowledge of specific practice areas—bankruptcy and intellectual property, among others—to achieve compelling advocacy on complex and specialized issues before a generalist bench.
What is the most satisfying element of appellate practice in your opinion?
The opportunity to solve clients' most difficult problems while playing a role in advancing the coherence of the law nationwide makes this one of the best jobs there is.
What's the most valuable lesson you learned as a young lawyer?
There are many: Stretch beyond your comfort zone [and] don't hesitate to take the lead even if the leaders you see don't look like you.
Submitted by Danielle Spinelli, a partner at Wilmer Cutler Pickering Hale and Dorr.
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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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