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Good morning. Donald Trump could be charged as early as this week over an alleged hush money payment to Stormy Daniels, but any trial could be more than a year away. What could that mean for the 2024 election? Plus, Silicon Valley Bank’s bankrupt parent company has been cut off from the failed bank’s financial records, and the SEC’s fight with Covington over information about the firm’s clients is in court today. It may be Monday, but we made it to spring!
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As soon as this week, Donald Trump could become the first former U.S. president to face criminal prosecution. But any trial could be at least a year away, reports Joseph Ax.
Manhattan District Attorney Alvin Bragg has presented evidence to a New York grand jury about a $130,000 payment to porn star Stormy Daniels in the waning days of the 2016 presidential campaign in exchange for her silence about an alleged affair, according to sources. Trump has denied the affair.
The average criminal case in New York takes more than a year to move from indictment to trial, said Karen Friedman Agnifilo, former Manhattan chief assistant district attorney, and Trump’s case is far from typical. That raises the possibility of Trump having to stand trial in the middle of the 2024 presidential campaign, or even after Election Day, though putting a president-elect or president on trial for state charges would enter uncharted legal waters.
In a social media post on Saturday, Trump said he expected to be arrested on Tuesday. A spokesperson later said Trump has not been notified of any pending arrest.
Attorney Robert Costello, who is expected to testify before the grand jury today, may challenge the claims of a key witness in the case, Michael Cohen.
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SEC lawyers want a California federal court to sanction VW over its refusal to allow a longtime employee to be deposed in the agency’s lawsuit over the German automaker’s diesel emissions cheating scandal. VW and its lawyers at Sullivan & Cromwell argue they can’t force the employee to sit for questioning. (Reuters)
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U.S. District Judge Beryl Howell ordered an attorney for Donald Trump to give additional testimony before a grand jury investigating the former president’s handling of classified documents, according to media reports. Evan Corcoran had invoked attorney-client privilege during a prior grand jury appearance in January and refused to answer investigators’ questions. (Reuters)
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REUTERS/Dado Ruvic/Illustration
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In what has to be the most intensely litigated jurisdictional dispute in the history of fee fights between law firms and their ex-partners, Dentons has invoked the U.S. Constitution’s Full Faith and Credit Clause in an attempt to shut down Jinshu “John” Zhang’s last-ditch bid at the California Supreme Court to halt New York arbitration with his former firm. Alison Frankel explains how the dispute over a $30 million contingency fee put New York and California courts on a constitutional collision course. And that, Frankel writes, is before any decision maker — in New York or California — gets anywhere close to the shocking allegations each side has lobbed at the other.
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“Her life was a quintessentially American story.“
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—U.S. Solicitor General Elizabeth Prelogar, speaking about the late Supreme Court Justice Ruth Bader Ginsburg at a rare meeting of the Supreme Court Bar. The meeting, convened just a couple days past what would have been her 90th birthday, featured speeches from people who worked closely with Ginsburg, including former clerk Prelogar.
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U.S. District Judge Amit Mehta in D.C. federal court will hear the SEC’s lawsuit demanding that Covington disclose details about nearly 300 of the firm’s clients whose information was accessed or stolen by hackers in a previously undisclosed cyberattack. Covington called the subpoena “an assault on the sanctity and confidentiality of the attorney-client relationship” that could open the firm’s clients up to SEC scrutiny without initial evidence of misconduct. A group of 83 large U.S. law firms has thrown its weight behind Covington’s effort to resist the SEC’s demand.
- The challengers to a West Virginia law banning transgender athletes from female sports teams will respond at the U.S. Supreme Court to the state’s effort to allow enforcement of the measure pending the outcome of an appeal. The 4th Circuit in February issued an injunction blocking the law, one of numerous Republican-backed measures across the country targeting LGBT rights. The 2021 law, passed in 2021, bars male public high school or post-secondary students from female athletic teams “based solely on the individual’s reproductive biology and genetics at birth.” A legal challenge was brought by a 12-year-old transgender girl, represented by the ACLU, Lambda Legal and the law firm Cooley.
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The U.S. Supreme Court will hear arguments over a ruling that revived a long-running lawsuit by the Navajo Nation claiming that the U.S. Interior Department has a duty to develop plans to provide the reservation with an adequate water supply. The high court in November granted two petitions — one by the federal government, and one by Arizona and other states — challenging a 2021 decision by a three-judge panel of the San Francisco-based 9th Circuit. The Navajo Nation is represented by Shay Dvoretzky of Skadden Arps.
Court calendars are subject to last-minute docket changes.
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On Tuesday, the U.S. Supreme Court will hear arguments in cryptocurrency exchange Coinbase Global’s bid to halt lawsuits the company contends belong in private arbitration, including one by a user suing after an alleged scammer stole from his account. The justices will consider whether two proposed class actions by customers suing Coinbase can move forward while the company appeals judges’ rulings declining to force its users to arbitrate their claims. Neal Katyal of Hogan Lovells is lead appellate lawyer for Coinbase in the high court litigation. Hassan Zavareei of Tycko & Zavareei and David Harris Jr of Finkelstein & Krinsk are counsel of record to Coinbase users.
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Also on Tuesday, Bill Hwang, whose Archegos Capital Management collapsed in March 2021, will seek to dismiss the DOJ’s criminal case accusing him of fraud at his once-$36 billion private investment firm. Archegos’ former chief financial officer Patrick Halligan will also seek the dismissal of criminal charges against him. Oral arguments are scheduled before U.S. District Judge Alvin Hellerstein in Manhattan federal court. Hwang and Halligan have pleaded not guilty.
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On Wednesday, a 10th Circuit panel will consider whether to revive a copyright lawsuit brought by Timothy Sepi, a former employee at Joe Exotic’s animal park, who said the popular documentary “Tiger King” used his footage without permission. An Oklahoma federal judge previously decided that some of the videos were owned by the park, and that Netflix and “Tiger King” producer Royal Goode Productions made fair use of other footage. Lawyers from the Digital Justice Foundation represent Sepi. The defense team for Netflix and Royal Goode includes lawyers from Mitchell Silberberg & Knupp
- On Thursday, former JPMorgan executive Jes Staley is expected to be deposed about his relationship with Jeffrey Epstein and what he knew about his former client’s activities related to sex-trafficking. JPMorgan has accused Staley, its former head of private banking, of “intentional and outrageous conduct” in concealing information about Epstein, with whom he had been friends. The bank’s lawsuit seeks to force Staley, who later served as Barclays chief executive, to return eight years of compensation and reimburse JPMorgan for damages the company might incur in the other lawsuits. Staley has denied knowing about the financier’s alleged crimes. Staley’s lawyer, Brendan Sullivan of Williams & Connolly, did not respond to a request for comment
- On Friday, President Joe Biden faces a court-imposed deadline to decide whether to invoke executive privilege to limit the scope of the questioning in depositions of Donald Trump by two ex-FBI officials — Peter Strzok and Lisa Page — who allege they were the targets of an improper political pressure campaign from his White House. U.S. District Judge Amy Berman Jackson said in her order last month in D.C. federal court that Trump should submit to two hours of questions on a “narrow set” of topics.
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The 9th Circuit revived a lawsuit by Uber and subsidiary Postmates claiming a California law that makes it more difficult for them to save money by treating workers as independent contractors is unconstitutional. In a major win for app-based services that heavily rely on contractors, the appellate court said the state must face claims that the law known as AB5 is unconstitutional because it improperly singles out app-based transportation businesses while exempting many other industries. (Reuters)
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Lawyers for Sam Bankman-Fried are nearing an agreement with U.S. prosecutors on revised bail conditions for the indicted FTX cryptocurrency exchange founder, who is trying to convince a judge he should remain free. In a letter filed in Manhattan federal court, Bankman-Fried’s lawyer Christian Everdell at Cohen & Gresser said both sides believed they were “close to a resolution”, and expect soon to formally propose new restrictions. (Reuters)
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Prince Harry’s lawyers told a London court that publisher Associated Newspapers had no viable defense to his libel claim over an article about his security arrangements, as the British royal seeks to win his case without a trial. Harry sued the company last year over an article in its Mail on Sunday newspaper that alleged he offered to pay for police protection only after bringing a separate legal fight against Britain’s government. London’s High Court allowed the lawsuit to move forward after holding that the Mail report, which accused Harry of attempting to mislead the public, was defamatory. (Reuters)
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Capital markets lawyer Grissel Mercado in New York is taking her practice from Shearman & Sterling to rival Paul Hastings. (Reuters)
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Barnes & Thornburg added Jeremy Lewin as a Chicago-based corporate partner. He returns to the firm from serving as general counsel to American Society of Anesthesiologists. (Barnes & Thornburg)
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Through a new rule, the FTC is proposing to ban nearly all noncompetes. The plan has prompted a lot of strong opinions, and they’re coming through in thousands of public comments on the rule, write Edet Nsemo and Gregory Abrams of Tucker Ellis. Here’s what people are saying.
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