Talc 9/9

Client Attorney Privileged/Attorney Work Product/At Request of Counsel

US Coverage

1. Law360's Weekly Verdict: Legal Lions & Lambs

   Sep 8, 2016 | Law 360

   By Andrew Strickler
   
   
   ...A team representing Johnson & Johnson won a summary judgment with a New Jersey court decision that plaintiffs experts didn't offer sufficient scientific proof establishing a link between J&J talc-based products and ovarian cancer.

Client Attorney Privileged/Attorney Work Product/At Request of Counsel

US Coverage

1. Law360's Weekly Verdict: Legal Lions & Lambs

   Sep 8, 2016 | Law 360

   By Andrew Strickler

   Legal lions from Littler Mendelson PC and Gibson Dunn were steady at the wheel for ride-hailing giant Uber, winning a major federal decision on the future of labor claims brought by drivers. Our legal lambs are led by an inventor and lawyers who pressed "bad faith" patent suits and will end up footing their opponent's legal bills.
   
   Legal Lions
   
   Counsel for taxi industry disrupter Uber Technologies Inc. dealt a body blow to drivers seeking recognition as employees with a Ninth Circuit decision that most of the independent contractors must individually arbitrate their labor claims. A three-judge panel partly reversed a 2015 ruling that the company's arbitration agreements were unenforceable, finding that the arbitration language was clear and that a California federal judge overstepped in deciding on a key enforceability question. The ruling bolsters Uber's ongoing efforts to dismantle scores of labor class actions across the country. Uber is represented by Theodore Boutrous Jr., Theane Evangelis, Joshua Lipshutz and Kevin Ring-Dowell of Gibson Dunn and Rod Fliegel and Andrew Spurchise of Littler Mendelson PC.
   
   A team representing Johnson & Johnson won a summary judgment with a New Jersey court decision that plaintiffs experts didn't offer sufficient scientific proof establishing a link between J&J talc-based products and ovarian cancer. An Atlantic County judge said expert testimony suffered serious problems, including the"narrowness and shallowness" of scientific inquiries and evidence. J&J and other defendants are represented by Gene Williams, Hunter Ahern and Mark Hegarty ofShook Hardy & Bacon LLP, Susan Sharko and Julie Tersigni of Drinker Biddle & Reath LLP, Michael Klatt, Kenneth Ferguson and Ann Thornton Field of Gordon & Rees LLP and Lorna Dotro of Coughlin Duffy LLP. Plaintiffs are represented byGolomb & Honik PC, Paul D'Amato of the D'Amato Law Firm, Beasley Allen Law Firm, Porter & Malouf and Ashcraft & Gerel LLP.
   
   Deals teams from Kirkland & Ellis LLP and Wachtell Lipton Rosen & Katz inked a $8.8 billion deal between Hewlett Packard Enterprise Co. and Micro Focus International PLC in which HPE will spin off its noncore software assets. The California tech giant company will hand over its application delivery management, big data, enterprise security, information management and governance, and IT operations management businesses to Micro Focus, while HPE shareholders will get a 50.1 percent stake in the combined business. Micro Focus will make a $2.5 billion cash payment to HPE prior to closing. The deal is expected to be tax-free to HPE, but it will include a $700 million breakup charge, and is subject to regulatory and Micro Focus shareholder approval. The Kirkland team advising Micro Focus was led by William Sorabella, David Feirstein, John Kupiec and David Fox and included Clement Smadja and James Hu. The Wachtell team for HPE was led by Andrew Brownsteinand Benjamin Roth.
   
   Latham & Watkins LLP partner Abid Riaz Qureshi became this week the first Muslim American nominated to the federal bench. President Barack Obama named the Washington, D.C., litigator to the U.S. District Court for the District of Columbia to fill the seat vacated by Judge Rosemary Collyer earlier this year when she assumed senior status. Qureshi has focuses on False Claims Act cases, federal securities law and health care fraud in his trial practice, and has handled internal corporate investigations, regulatory proceedings and governmental inquiries. He is a 1997 graduate of Harvard Law School and served as co-chair of the firm's D.C. litigation practice between 2006 and 2011. The Republican-led Senate has not moved to confirm 42 pending district court nominees, seven pending federal appellate nominees, and D.C. Circuit Chief Judge Merrick Garland to the U.S. Supreme Court.
   
   A Seventh Circuit breathed life into a class action alleging law firm Weinstein Pinson & Riley PS used deception in a state complaint seeking unpaid student debt. A three-judge panel reversed the district court's dismissal of the Fair Debt Collection Practices Act suit and remanded, saying the paragraph in question describing a time frame for dispute the loan claim was confusing "as to the proper timing to respond to the complaint and as to the manner of response." Plaintiffs are represented by Daniel Edelman, Cathleen Combs, James Latturner and Tiffany Hardy of Edelman Combs Latturner & Goodwin LLC. The Weinstein firm is represented by Stephen Swofford of Hinshaw & Culbertson LLP. 
   
   Legal Lambs
   
   A Texas judge awarded Microsoft Corp. and AT&T Inc. attorneys' fees after the companies defeated a patent infringement suit brought by inventor Keith Raniere, saying his litigation conduct "demonstrates a pattern of obfuscation." U.S. District Judge Barbara M.G. Lynn said the Raniere suits were "exceptional" due to untruthful testimony and his unfulfilled promises to resolve problems in his claims about network conferencing system patents. AT&T has so far asked for fees and costs of $935,300, with Microsoft requesting $202,000. The judge said she will consider whether fees claimed by the companies were duplicative, among other issues, before making a final decision is made. Raniere is represented by Christopher Blank and Jared DuJack ofSchmeiser Olsen & Watts LLP, Daniel Gus of Gus & Gilbert Law Firm PC andRobert Crockett, Chase Tajima and Courtney Vaudreuil of Crockett & Associates. Microsoft is represented Sidley Austin LLP. AT&T Services Inc. is represented by Carter Scholer Arnett Hamada & Mockler PLLC and Paul Hastings LLP.
   
   A Fish & Richardson PC team representing water treatment company CH2O Inc.won a $12.5 million verdict in a suit alleging a competitor and a tomato grower infringed a patented irrigation technology. The suit filed three years ago claimed that rival Meras Engineering Inc. knowingly used CH2O's technology for treatment of irrigation water without compensation; an amended complaint filed last year accused Houweling's Nurseries Ltd. of helping steal the invention and key employees. During trial, the parties' experts presented competing estimates of possible damages ranging from $300,000 to more than $25 million. CH2O Inc. is represented byChristopher Marchese, Michael Rosen and Andrew Kopsidas of Fish & Richardson. Meras Engineering and Houweling's Nurseries are represented by Robert Golden of Lackenbach Siegel LLP, Craig Stainbrook of Stainbrook & Stainbrook LLP and Jaye Heybl of Koppel Patrick Heybl & Philpott.
   
   The Third Circuit this week vacated a lower court's dismissal of pharmacy chainHartig Drug Co. Inc.'s putative class action against Allergan PLC over eye care products Zymar and Zymaxid, saying the district court was wrong to treat antitrust standing as an issue of subject-matter jurisdiction. Hartig, an indirect purchaser of the eye drops, accused Allergen of engaging in various anti-competitive practices, including filing sham lawsuits and "product hopping” to preclude pharmacies from substituting generics. A Delaware federal judge ruled last year that Hartig did not have standing due to an anti-assignment clause in a distribution services agreement. Allergan is represented by M. Sean Royall, Mark Perry, Lucas Townsend, Ashley Johnson and Jeffrey Thomas of Gibson Dunn. Co-defendants Senju Pharmaceutical Co. Ltd. and Kyorin Pharmaceutical Co. Ltd. are represented byCarter Ledyard & Milburn LLP and Jones Day, respectively. Hartig is represented byFrank LLP, Prickett Jones & Elliott PA and Hausfeld LLP.
   
   Lawyers representing New Jersey newspaper The Record, Bloomberg LP, The New York Times and other media outlets came up short in their attempt to unlock the names of unindicted conspirators linked to the George Washington Bridge lane closures. The Third Circuit panel overturned a New Jersey federal judge's order to release the names, ruled that the list was part of discovery in a criminal cases of former Gov. Chris Christie appointees and therefore not subject to public disclosure. The media companies are represented by Bruce Rosen of McCusker Anselmi Rosen & Carvelli PC. A John Doe co-conspirator is represented by Jenny Kramer ofChadbourne & Parke LLP.

   http://www.law360.com/articles/837712/law360-s-weekly-verdict-legal-lions-lambs
   

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