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Good morning. New filings are expected today in the 5th Circuit, as the court weighs the DOJ’s appeal in the abortion pill case. Hundreds of drugmakers are calling for reversal of the Texas court’s order. Plus, there’s a new nominee for chief judge in New York; another state will reconsider how to license lawyers; and cancer victims’ lawyers seek dismissal of J&J talc unit’s second bankruptcy. Thanks for reading The Daily Docket. Let’s jump in.
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As the Biden DOJ marshals its court appeal to keep the abortion pill mifepristone available on the market, executives from more than 300 biotech and pharmaceutical industry companies — including Pfizer and Biogen — signed an open letter calling for reversal of the Texas federal judge’s decision to suspend sales of the drug, Michael Erman and Ahmed Aboulenein report.
The DOJ has asked the New Orleans-based 5th Circuit to stay U.S. District Judge Matthew Kacsmaryk’s ruling against mifepristone. The appeals court said it wants to see a response to the Biden administration’s appeal by today. The DOJ has not appealed an order in federal court in Washington state, issued after Kacsmaryk’s opinion was released, that bars the FDA from altering access to the same abortion drug. Kacsmaryk paused his order for seven days.
Pfizer chief executive Albert Bourla was the first leader of a major pharmaceutical company to add his name to the letter, which was written by ReCode Therapeutics CEO Shehnaaz Suliman, Blackfynn co-founder Amanda Banks and Ovid Therapeutics CEO Jeremy Levin. The White House said it is planning to renew discussions with abortion pill manufacturers and U.S. pharmacy chains on pushing back against efforts to ban mifepristone.
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- New York Court of Appeals Judge Rowan Wilson was nominated to serve as chief of the state’s highest court after Democratic Governor Kathy Hochul’s prior pick was rejected by lawmakers from her own party. If confirmed, Wilson would be the first Black judge in the post and would oversee the state’s sprawling state court system. (Reuters)
- Former Cornell medical researcher Monib Zirvi is suing Illumina and a group of lawyers at Akin and Latham who represented Cornell, accusing them of a conspiracy involving Illumina and Thermo Fisher Scientific to steal his gene-analysis technology. Illumina and Thermo Fisher declined to comment. Representatives for the law firms did not immediately respond to requests for comment. (Reuters)
- Maine is weighing a move to allow some aspiring lawyers to take the bar exam without going to law school, joining four other states with so-called apprenticeship programs. State lawmakers on Tuesday will hold a public hearing on a bill that would allow those who have studied for two years under an experienced attorney to take the lawyer licensing test. (Reuters)
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That’s the number of antitrust lawsuits that the U.S. Judicial Panel on Multidistrict Litigation transferred to Nashville federal court in a new court order. The panel was asked to consider Washington state, Texas and other venues for consolidation. RealPage, represented by Gibson Dunn, has denied claims that it and property managers have conspired to keep rental prices artificially high. The MDL before Chief U.S. District Judge Waverly Crenshaw Jr, an Obama-era nominee and former business-side labor and employment partner, will be his first.
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You have to give points for creativity to an Ohio pension fund that lost big when Freddie Mac’s share price nosedived at the beginning of the subprime mortgage crisis in 2007. Faced with a decision denying class certification in the fund’s long-running securities fraud case against the government-sponsored housing finance giant (formally known as Federal Home Loan Mortgage Corp), plaintiffs lawyers for the Ohio Public Employees Retirement System came up with a novel strategy to speed up their class certification appeal even after the 6th Circuit refused interlocutory review. The strategy worked at first: The fund managed to persuade the trial judge overseeing the case and a 6th Circuit motions panel to allow them to move ahead with the appeal, despite the daunting obstacle of 2017 precedent from the U.S. Supreme Court in seemingly similar circumstances. But the fund’s luck ran out last week. Alison Frankel has the story of the “inventive ploy” that failed — at least for now.
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“The Third Circuit certainly did not invite the Debtor to commit fraud so that it could re-file for bankruptcy.“
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- Lawyers for Fox News and Dominion Voting Systems are set to meet before Delaware Superior Court Judge Eric Davis for a pretrial conference in the voting technology company’s $1.6 billion defamation lawsuit against Fox over its coverage of debunked election-rigging claims. A critical task for jurors over the five-week trial, which starts on April 17, will be deciding who was responsible for the cable network’s decision to broadcast the claims despite internal doubts about their veracity. Dominion maintains that Fox’s top brass approved of the coverage, but the network contends that the evidence of high-level involvement is threadbare. Jury selection begins on Thursday.
- A school board in Oklahoma is set to consider whether to approve the nation’s first taxpayer-funded religious charter school, in a move that could ultimately test the U.S. Supreme Court’s willingness to expand religious rights. Supporters and critics of St. Isidore of Seville Catholic Virtual School have indicated the board’s vote could spur a significant legal fight over church-state separation. The Supreme Court’s conservative justices have widened religious rights in a series of rulings in recent years including cases involving schools in Maine and Montana.
- In D.C. federal court, U.S. District Judge Ana Reyes will meet with the lawyers in the DOJ’s antitrust challenge to Assa Abloy’s planned $4.3 billion deal to acquire a division from Spectrum Brands Holdings. Assa Abloy, represented by Hogan Lovells and Cleary Gottlieb in court, said in October it was working to sell its Emtek and smart residential business in the U.S. to resolve antitrust issues. The company has said it and Spectrum Brands, represented by Davis Polk, are “vigorously contesting” the DOJ lawsuit. Reyes is presiding at a pretrial conference.
Court calendars are subject to last-minute docket changes.
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- The FTC opened a new front in its fight against Intercontinental Exchange’s deal to buy Black Knight, by asking a California federal judge for a preliminary injunction to halt the deal while its internal administrative process moves forward. The agency on March 9 said it would seek to stop New York Stock Exchange parent Intercontinental Exchange, whose lawyers include a team from Morgan Lewis, from acquiring mortgage data vendor Black Knight in a $13.1 billion deal. (Reuters)
- U.S. District Judge Jed Rakoff in Manhattan rejected requests to sever JPMorgan’s lawsuit accusing former executive Jes Staley of concealing what he knew about Jeffrey Epstein from two related lawsuits over its work for the late sex offender. Rakoff’s ruling was a defeat for Staley, and for women who claim that Epstein sexually abused them and are also suing the largest U.S. bank. Staley has called JPMorgan’s claims “slanderous.” (Reuters)
- The founder of Infinity Q Management, the New York firm which once claimed to manage $3 billion, was sentenced to 15 years in prison for misleading investors about the value of assets the firm managed. U.S. District Judge Denise Cote sentenced James Velissaris after rejecting Velissaris’ request to withdraw his guilty plea in the case. (Reuters)
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- Davis Polk added New York-based bank regulatory partner David Portilla from Cravath, where he led the firm’s banking regulatory practice. (Reuters)
- Orrick added Laura Lariu, former general counsel to rocket builder Relativity Space, as a partner in the firm’s New York office. The firm also hired Nikita Shah and Alexandra Wood in San Francisco. The three partners expand the firm’s technology companies group. (Reuters)
- Cleary Gottlieb added David Botter as a financial restructuring partner based in the firm’s New York office. Botter was previously at Akin Gump. (Reuters)
- Baker Botts brought on James Beha II as a New York-based litigation partner from Morrison & Foerster. (Reuters)
- Sidley added healthcare partner Chad Ehrenkranz to the firm’s New York and Miami offices. He arrives from Kirkland. (Sidley)
- Dentons hired Amianna Stovall in the firm’s New York office as a commercial litigation partner. Stovall was previously at Constantine Cannon. (Dentons)
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The government’s first superseding indictment of FTX cryptocurrency exchange founder Samuel Bankman-Fried provided a map of what Ford Harrison’s Kevin O’Brien said was a “highly aggressive strategy for trial.” A second updated indictment last month added a bribery charge. The new indictments are meant to deter Bankman-Fried, who has pleaded not guilty, from testing the government’s case at trial, O’Brien writes. Read more about what prosecutors alleged in the charging papers.
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