Litigation Department of the Year, Labor and Employment: Morgan, Lewis & Bockius
Arbitration seemed to be at the forefront of the many challenges our clients faced in 2019. We prevailed in novel arbitration issues in both the courts and in arbitral forums, and had many precedent-setting victories that alter the industry.
October 22, 2020 at 01:09 PM
4 minute read
What are some of the department's most satisfying successes of the past year and why? Throughout 2019, our labor and employment team guided clients through important problems and issues that had broad-reaching implications beyond just the single matter or issue in front of them. We helped companies secure important victories in multiple Circuit Courts of Appeal across the country that allowed them to proceed with business strategies that improved the way they operate. Arbitration seemed to be at the forefront of the many challenges our clients faced in 2019. We prevailed in novel arbitration issues in both the courts and in arbitral forums, and had many precedent-setting victories that alter the industry. For example, in Latif v. Morgan Stanley, we successfully convinced the court to enforce the company's arbitration policy in the face of a New York statute that purported to prohibit arbitration of discrimination and harassment claims. Likewise, in Rivenbark v. JPMorgan, the Fifth Circuit issued a precedent-setting decision, holding that district courts may not send notice of an FLSA collective action to, or require the production of contact information for, employees who signed valid arbitration agreements. And we repeatedly went on to win the cases on the merits once they were brought to hearing. As but two examples of many, we won important victories with far-reaching implications for Fidelity and CBRE at FINRA and the AAA, respectively.
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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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