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The American Bar Association’s policymaking body is poised to take a public stand against laws that bar teaching about race or gender, as well as bans on books that cover those subjects, our colleague Karen Sloan reports.
Nearly a dozen ABA entities have jointly submitted a resolution opposing any federal, state or local laws or policies that “restrict the teaching and inclusion of studies on the experiences, roles, and contributions of any individual or group” on the basis of their race, gender identity, sexual orientation or religion, among other identifiers. The proposed resolution, which was submitted to the ABA’s House of Delegates, also opposes restrictions on books or other school resources that address those topics.
The policymaking body is slated to vote on the proposal on Monday, the final day of the ABA’s midyear meeting.
A report by the resolution’s sponsors asserts that efforts by lawmakers across the country to curtail teaching about race “threaten students’ freedom to learn and receive a comprehensive, truthful education providing them with the tools for navigating and addressing future societal issues.” The resoluiton’s backers specifically cited Florida’s 2022 Stop WOKE Act, which prohibits teachers from discussing race in the classroom.
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- The Harvard Law Review, for only the second time in its 137-year history, will be led by a Black woman. Sophia Hunt, elected as the law journal’s newest president, describes herself as a budding academic with a passion for criminal defense work and whose studies were influenced by the racial justice movement that emerged following high-profile killings of Black people by police in recent years.
- Proskauer Rose struck a settlement with its former chief operating officer, whom it accused of stealing a trove of confidential information and trying to recruit other firm employees to a competitor. As part of the deal, Proskauer and the former executive, Jonathan O’Brien, asked a federal judge in Manhattan to issue an order barring O’Brien and others from using any of Proskauer’s proprietary and confidential information.
- Five D.C.-based Goodwin investment funds lawyers are moving to Kirkland. Partners Paul Delligatti, Chris Palmer, Jason Monfort, Andrew Zutz and Nicole Griffin advise registered funds, their independent board members and investment advisers.
- London-founded law firm Clyde & Co hired a nine-lawyer team from Lewis Brisbois, including the leader of its Chicago office, Danny Worker, who joins as a partner in Chicago and Phoenix.
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That’s the estimated number of inmates who could earn sentence reductions after recent changes to the federal sentencing guidelines became retroactive effective Feb. 1. Thousands of federal inmates who are potentially eligible are disproportionately Black and Hispanic, according to Sentencing Commission data. The changes, which were adopted by a bipartisan commission, reduced sentencing ranges for first-time offenders and people who were still in custody or under supervision when they committed their crimes. The commissionapprovedthe changes last year.
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Thought you’d heard it all when it comes to corporate tactics to combat mass arbitration? Think again! Alison Frankel has the story on a new Keller Postman petition to compel arbitration against Starz, which is allegedly demanding that its customers pay thousands of dollars in mediation fees before they can even initiate arbitration. Keller Postman says that’s a violation of California law. Starz says Keller Postman is just trying to use arbitration fees to squeeze the company into a settlement. The dispute, Frankel says, is a procedural head-spinner that belies the now-obsolete notion that arbitration is quick and easy.
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“His name is now etched in the annals of corporate law.”
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—Columbia Law’s Eric Talley, remarking on the identity of Tesla shareholder, plaintiff and former heavy metal drummer Richard Tornetta, who prevailed in his lawsuit challenging Elon Musk’s $56 billion pay package at the electric vehicle maker. Tornetta, based on his online presence, seems to have more of an interest in creating audio gear for car-customizing enthusiasts than going after corporate excess and malfeasance, our colleague Tom Hals writes. Until Tornetta’s case, Musk prevailed in a string of trials.
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- Fulton County District Attorney Fani Willis faces a deadline to respond to allegations from Donald Trump and one of his co-defendants in the Georgia election interference case that Willis profited from a romantic relationship with a lawyer she hired to help lead the prosecution. Trump and co-defendant Michael Roman want to disqualify Willis and dismiss the criminal charges. They allege Willis had an inappropriate relationship with Nathan Wade, the lawyer she hired to help run the criminal case.
- U.S. District Judge Joanna Seybert in Central Islip, New York, will sentence a man convicted at trial for what prosecutors called “one of the largest healthcare fraud cases in this country.” The government is seeking a prison sentence against Mathew James for an alleged multimillion-dollar fraudulent billing scheme. James’ defense lawyers told the court that he “sincerely and deeply regrets his misguided phone calls and communications with insurance companies.”
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Court calendars are subject to last-minute docket changes.
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- Blue Cross and member affiliates lost their bid to trim an antitrust lawsuit, after a U.S. judge refused to knock out claims from healthcare providers in Alabama. The court earlier allowed claims from Alabama hospitals. A related action from Blue Cross insurance subscribers settled for $2.7 billion, and the 11th Circuit last year upheld the deal.
- Google’s lawyers asked U.S. District Judge James Donato to grant a new trial or judgment for the company in the antitrust case lodged by “Fortnite” maker Epic Games. Google in a filing said evidence didn’t support the jury’s verdict that the company’s rules for its app store Play violated antitrust law.
- Crypto lender Genesis settled a SEC lawsuit over its defunct Gemini Earn lending program, agreeing to a $21 million fine that will be paid only if Genesis is able to fully repay customers in its bankruptcy. The deal will help Genesis avoid the costs and risks of defending itself from an SEC lawsuit that had accused the company of illegally selling securities.
- The 2nd Circuit dismissed an appeal by investors who accused 10 of the world’s largest banks, including Bank of America, Goldman Sachs and Morgan Stanley, of antitrust violations for conspiring to suppress competition in the now $26 trillion market for U.S. Treasury securities.
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- Ellenoff Grossman & Schole brought on a four-lawyer labor and employment team from Krieger & Krieger, which will wind down. The team, which includes partners Linda Guthmann Krieger and Lawrence Cagney, will open a Los Angeles office for New York-founded Ellenoff Grossman. (Ellenoff Grossman)
- DLA Piper added D.C.-based partner Vernessa Pollard as co-chair of the firm’s FDA practice. Pollard was previously at McDermott. (DLA Piper)
- Hinshaw & Culbertson hired Sherry Xia as a partner in its consumer financial services practice in New York. She previously was vice president and assistant general at First Republic Bank. (Hinshaw)
- Baker Botts hired Scott Nelson in Houston as leader of its litigation department’s labor and employment practice. He was previously at Hunton Andrews Kurth. (Baker Botts)
- Akin picked up investment management partner Ira Kustin in New York from Paul Hastings. (Akin)
- Dentons hired Jackson Hwu as a partner in its venture technology and emerging growth companies practice in Miami. He arrives from Nelson Mullins. (Dentons)
- Thompson Coburn brought on Thomas Rea as a St. Louis-based partner in its white collar defense and business litigation practice. He was a federal prosecutor in Missouri. (Thompson Coburn)
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