The American Lawyer named S&C litigation lawyers David Tulchin and Thomas White its “Litigators of the Week” on May 10, 2019 for their win in the Second Circuit on behalf of medical device maker Micro Systems Engineering Inc. The underlying case was brought by plaintiff Universal Instruments Corporation in the Northern District of New York, and Universal made claims of copyright infringement and misappropriation of trade secrets. The jury trial took place in July-August 2017, and was a total win for S&C’s client Micros Systems Engineering Inc. Tulchin and White last week won the affirmance, before the U.S. Court of Appeals for the Second Circuit, of the Judgment entered in favor of MSEI at the conclusion of that trial. This was an important win for the client, for as Thomas said to The American Lawyer, “the plaintiff was seeking over $62 million and an injunction that would have shut down a crucial part of MSEI’s business.”
David and Thomas were retained to try the case (which was filed in 2013) in March 2017, just four months before the commencement of the jury trial. Despite that, David and Thomas were able to quickly get up to speed and, after the close of all the evidence, win a motion for judgment as a matter of law. The American Lawyer covered that victory at the time, praising David and Thomas for their skillful cross-examination of Universal’s witnesses in an article titled “Hot Cross Buns: These Sullivan & Cromwell Litigators Show How to Grill a Witness.” When Universal appealed the decision, David and Thomas again successfully turned away the challenge. In its profile of the pair, The American Lawyer asked how they prepared for oral arguments, and David’s response was that the key elements in preparation are “knowing the record … and being fully prepared for any question that might come your way.”
This is the third time that David has been named as The American Lawyer’s “Litigator of the Week.”