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Good morning. The rise of artificial intelligence has prompted Berkeley Law to craft a “clear guidelines” policy for students ahead of final exams, making it among the first in legal education to do so. Plus, the U.S. Supreme Court is expected today to issue a new abortion-pill order; a federal court has halted most talc suits against J&J; and U.S. News & World Report has indefinitely postponed its law and medical school rankings. Thanks for making us one of your top reads in the morning, and happy Friday. Let’s dive in.
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U.C. Berkeley law school has become among the first to adopt a formal policy on student use of generative artificial intelligence such as ChatGPT, Karen Sloan reports. Other top law schools including Yale, Stanford and Harvard did not immediately respond to requests on whether they have developed or are planning to develop policies on generative AI.
The policy at Berkeley allows students to use AI technology to conduct research or correct grammar. But they may not use it on exams or to compose any submitted assignments. Individual professors can deviate from the rules if they provide written notice to students in advance. The popular new chatbot has broadly stoked some concerns about cheating in legal academia. ChatGPT is powerful, but it cannot yet outscore most law students on exams.
Berkeley said it sought a balance that allowed some but not all uses, as one professor noted that legal search tools such as Westlaw and Lexis eventually could incorporate the technology. “The approach of finals made us realize that we had to say something,” said Berkeley professor Chris Hoofnagle, who worked on the faculty team that developed the policy. “We want to make sure we have clear guidelines so that students don’t inadvertently attract an honor code violation.”
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4th Circuit Chief Judge Roger Gregory must sit for a deposition in former public defender Caryn Strickland’s lawsuit over the handling of her sexual harassment complaint, a judge said. Gregory is not accused of harassment in the case. (Reuters)
- The NLRB said it will consider a broader range of penalties for employers who engage in repeated or egregious violations of federal labor law. The board in a decision involving a meat processor said it lacked a consistent standard for penalizing serious misconduct by businesses and laid out a range of existing remedies it will consider moving forward. (Reuters)
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Brownstein Hyatt is maintaining its dominance of Washington’s influence industry, reporting $15.58 million in lobbying revenue for the first quarter of 2023. Brownstein, whose clients include Dominion Voting Systems, FedEx and T-Mobile, last year reported earning an industry record high of $61.62 million in lobbying revenue. (Reuters)
- Former Katten partner Evan Greebel, convicted in a scheme with pharma executive Martin Shkreli, has no power to restrict U.S. prosecutors from dipping into law firm retirement accounts to garnish funds to pay back victims of his crimes, the DOJ told the U.S. Supreme Court in a new court filing. Greebel’s lawyers at Gibson Dunn are fighting to overturn a 2nd Circuit decision. (Reuters)
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OpenSea former product manager Nathaniel Chastain got bad news from a Manhattan federal judge this week, just ahead of an April 24 trial date in the government’s first-ever insider trading case involving non-fungible tokens. Chastain was indicted for exploiting his inside knowledge of which NFTs OpenSea planned to feature on its website. He allegedly bought the tokens before their star turn, then sold them at a profit after the NFTs were featured at OpenSeas. His lawyers at Greenberg Traurig have argued that prosecutors can’t prove wire fraud because they can’t show OpenSea’s website plans had inherent value. But the judge ruled this week that prosecutors are not required to make that showing. Alison Frankel explains Furman’s reasoning in a ruling setting limitations for expert witnesses on both sides.
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“The status quo is no longer tenable.“
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—Sen. Dick Durbin, chairman of the Senate Judiciary Committee, in a letter inviting U.S. Supreme Court Chief Justice John Roberts to a May 2 hearing before the committee on the ethical rules governing the Supreme Court’s justices and potential reforms. Roberts hasn’t addressed those rules since 2011, Durbin wrote in the letter, and the court’s lack of action in the decade since has led to a “crisis of public confidence.”
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The U.S. Supreme Court is expected to issue a new order addressing whether it will keep blocking lower court orders that would restrict access to the abortion pill mifepristone amid a challenge by anti-abortion groups to the drug’s federal regulatory approval. The Biden administration and the pill’s manufacturer Danco Laboratories asked the justices to block an April 7 preliminary injunction issued by U.S. District Judge Matthew Kacsmaryk in Texas that would greatly limit the availability of mifepristone while the litigation proceeds. Anti-abortion groups challenging the medication’s federal regulatory approval this week urged the justices to implement curbs ordered by Kacsmaryk.
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Former President Alejandro Toledo of Peru, wanted in his home country on charges of taking millions of dollars in bribes as part of a continent-spanning corruption case, is due to surrender today absent a U.S. court order temporarily barring his extradition. Toledo lost an appeal in the 9th Circuit this week, and his lawyers at Wilmer Hale earlier tried unsuccessfully to convince a D.C. federal court judge to block his detention. Toledo, who served as Peru’s president from 2001 to 2006, is wanted on charges he accepted more than $25 million in bribes from Brazilian construction company Odebrecht in exchange for help in obtaining public works contracts. He has denied soliciting or receiving bribes and does not face criminal charges in the U.S.
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New York Supreme Court Justice Arthur Engoron will hold a hearing in New York State Attorney General Letitia James’ $250 million business fraud case against Donald Trump. The hearing concerns onetime Trump fixer and personal attorney Michael Cohen’s alleged failure to respond to a deposition subpoena served by the former president. The lawsuit claims Trump, three of his adult children and others participated in a decade-long scheme to manipulate property values and his net worth to obtain favorable loans and tax and insurance benefits. James said she began her probe after Cohen said in Congressional testimony that the president’s financial statements inflated some asset values to save money on loans and insurance, and deflated other asset values to reduce real estate taxes. Trump has denied claims in James’ lawsuit.
Court calendars are subject to last-minute docket changes.
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What to catch up on this weekend
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- University of Chicago has become the first of 17 colleges and universities to settle a financial aid price-fixing case in Illinois federal court. Plaintiffs’ lawyers and the school, represented by Arnold & Porter, did not immediately reveal the terms of the deal. Other schools sued in the litigation, which alleged billions of dollars in overcharges to a class of current and former students, have denied liability. (Reuters)
- Paramount Global has filed a countersuit against Warner Bros Discovery over the rights to stream “South Park,” seeking more than $52 million in license fees that Warner has allegedly refused to pay and hundreds of millions of dollars that Warner still owes. The fight began after Warner, which agreed to pay Paramount and the show’s creators more than $500 million for the exclusive right to stream hundreds of episodes, accused Paramount in a lawsuit of attempting to circumvent that agreement by providing only 14 new episodes and diverting other new “South Park” content to its Paramount+ streaming service. (Reuters)
- Advocacy groups filed a lawsuit in federal court seeking to strike down a new Tennessee law that bans doctors from providing gender-affirming medical treatment such as puberty blockers, hormone therapy and surgery to transgender minors. The ACLU and Lambda Legal say the law, which takes effect July 1, unlawfully discriminates against transgender people based on their sex. (Reuters)
- An arbitration panel ordered My Pillow founder Mike Lindell to pay cyber expert Robert Zeidman $5 million after he debunked Lindell’s claims of election fraud in a contest Lindell hosted in Nevada. As part of that contest, Lindell gave technical experts what he described as evidence that the Chinese government had switched votes from Donald Trump to President Joe Biden during the 2020 election, and Lindell offered to pay $5 million to anyone who disproved his theory. (Reuters)
- Mark Pomerantz, the former prosecutor who once led the Manhattan district attorney’s criminal inquiry into former President Donald Trump, won a delay to his deposition before a Republican-led congressional committee just hours before it was set to begin. The 2nd Circuit granted a temporary delay to allow a three-judge panel to consider Manhattan District Attorney Alvin Bragg and Pomerantz’s challenge to the deposition. (Reuters)
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