Litigator of the Week Runners-Up and Shout Outs
Runners-up this week include litigators from Baker Botts, Murtha Cullina, Cravath, Latham, Robison, Sharp, Sullivan & Brust, and McDonald Carano.
November 17, 2023 at 07:20 AM
5 minute read
Runners-up honors go to Ty Buthod of Baker Botts and the rest of the trial team who defended ExxonMobil from claims brought by the family of a former gas station owner who claimed his exposure to benzene in the company's products led to his death from acute myelogenous leukemia. Following a nine-day jury trial, state court jurors in Stamford, Connecticut, last week sided with ExxonMobil on the plaintiffs' design defect and failure to warn claims, as well as on questions of causation. The company's defense team also included Jennifer Morgan and Lorey Leddy of Murtha Cullina.
Kevin Orsini, Antony Ryan, Brittany Sukiennik and Daniel Slifkin of Cravath, Swaine & Moore get a runner-up spot this week for helping financial services client Robinhood Markets Inc. fend off class certification in securities litigation tied trading restrictions for Robinhood customers during the "meme stock" short squeeze of early 2021. Plaintiffs brought market manipulation claims based on Robinhood's restrictions on customer access to certain stocks as well as company statements tying those restrictions to market volatility rather than the company's own liquidity issues. Chief U.S. District Judge Cecilia Altonaga in Miami this week denied class certification, finding that plaintiffs failed to offer a method for proving reliance class wide.
Runners-up honors also go to a trial team at Latham & Watkins and local co-counsel in Nevada at Robison, Sharp, Sullivan & Brust and McDonald Carano for securing a win for freelance talent platform Toptal. Jurors in Washoe County state court sided with Toptal in its claims that rival Mechanism Ventures, a company founded by tech investor Denis Grosz, interfered with Toptal's contractual relationships and awarded $535,270 in actual damages against both the company and Grosz, while also denying Grosz's counterclaims against Toptal. After returning the initial verdict Friday on Veterans Day, jurors returned to court on Saturday to award Toptal $15 million in punitive damages. The Latham team included Andrew Clubok, who handled opening and closings in the first phase of the trial, partner Kevin McDonough, associates Megan Behrman, Jarred Muller, Shannon McLaughlin, Alison Boaz, Katherine Rouse, Daniel Grill, Molly Babad and Harry McAlevey. Local co-counsel included Robison Sharp's Kent Robison, who closed on the punitive damages issue, and Hannah Winston, as well as Adam Hosmer-Henner at McDonald Carano.
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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.
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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.
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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.
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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.
