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The U.S. Supreme Court today will take up Idaho’s strict Republican-backed abortion ban against a federal law that ensures that patients can receive emergency care, our colleagues John Kruzel and Andrew Chung report. Idaho is one of seven states in the last two years to put in place a near-total abortion ban with no exception to protect the health of pregnant patients.
At the high court, Idaho officials appealed a lower court’s order that said the 1986 U.S. law Emergency Medical Treatment and Labor Act takes precedence over the state’s near-total ban. The Biden administration has urged the justices to uphold that ruling. U.S. Solicitor General Elizabeth Prelogar will face off against Joshua Turner, chief of constitutional litigation and policy at the Idaho attorney general’s office.
Idaho’s law bans all abortions unless needed to prevent a mother’s death. Doctors face two to five years in prison and suspension or revocation of their medical license if convicted of violating it. Boise-based U.S. District Judge B. Lynn Winmill in 2022 blocked enforcement of Idaho’s law in cases of abortions needed to avoid putting the woman’s health in “serious jeopardy” or risking “serious impairment to bodily functions.” The Supreme Court in January let Idaho enforce its law while also agreeing to decide its legality.
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- Munger Tolles is losing roughly 10% of its partnership to Baker McKenzie, which said today it has hired a group of 17 transactional lawyers in Los Angeles from the smaller law firm. The team includes 11 corporate and tax lawyers joining Baker McKenzie as partners, and six associates. Nine of the lawyers were partners at Munger Tolles, which had 84 partners prior to the group’s departure.
- Kelley Drye represented Williams-Sonoma in its agreement to pay $3.2 million to U.S. regulators that accused the company and related business entities of violating a 2020 order over “Made in USA” deceptive practices. Williams-Sonoma, admitted that it violated the terms of the prior order. The company must certify its compliance with the new order for five years.
- Plaintiffs’ lawyers for the state of Texas at Lanier Law Firm and Keller Postman are defending their bid to depose Google CEO Sundar Pichai and co-founder Sergey Brin as part of its antitrust lawsuit against the tech giant. The plaintiffs attorneys leading the suit over digital ads told a court in an unsealed filing that “the conduct at issue concerns actions taken and decisions made at the highest levels of Google.” The company’s lawyers at Freshfields and Yetter Coleman contend the two execs have no unique and relevant information to share and should not be questioned.
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That’s the amount of legal fees and costs awarded to plaintiffs’ lawyers who secured two settlements worth over $11 billion with major manufacturers of toxic “forever chemicals” on behalf of public water systems. U.S. District Judge Richard Gergel in Charleston, South Carolina, granted unopposed fee requests after 3M, DuPont de Nemours, Chemours and Corteva last year agreed to resolve claims that their products polluted American drinking water with per- and polyfluoroalkyl substances, or PFAS. The award will be dispersed in stages as the settlements are paid out.
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In a new brief defending a ballot initiative to cap contingency fees in all civil litigation in Nevada at 20%, ridesharing company Uber argued in a mere 11 pages that its petition meets all of Nevada’s statutory requirements for court approval. Uber’s brief is notably devoid of policy arguments about why the initiative’s backers believe the fee cap is a boon for Nevadans — a sharp strategic contrast with the approach taken by the fee cap’s opponents. Alison Frankel has the story on the early battle over what would be the most sweeping and restrictive fee cap in the U.S.
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“Robbing people of their economic liberty also robs them of all sorts of other freedoms.“
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—FTC chair Lina Khan said during a meeting at which the commission voted 3-2 to approve a rule to ban noncompete agreements commonly signed by workers that prevent them from joining their employers’ rivals or launching competing businesses, which it says limit worker mobility and suppress wages. Khan said noncompetes not only restrict workers’ opportunities but can also chill speech and infringe on religious practice. The rule has already drawn legal challenges.
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- In Boston federal court, a Chinese music student is slated to be sentenced on charges that he harassed an activist who posted fliers at the Berklee College of Music in Boston supporting democracy in China and threatened to report her activities to Chinese law enforcement. A federal jury found Xiaolei Wu guilty in January of charges related to online messages he sent the activist.
- Amazon will ask U.S. District Judge Kymberly Evanson in Seattle to throw out a proposed consumer class action accusing the e-commerce giant of failing to meet its stated “guaranteed” delivery for some purchases. Attorneys for Amazon at Perkins Coie contend there was no “guaranteed” delivery time for the plaintiff’s purchase of a variety pack of herbal tea, and also that any such statement for a delivery pertains to a date and not a time.
- U.S. District Judge Amit Mehta in D.C. federal court said he will issue an oral ruling on an unidentified matter in the DOJ lawsuit accusing Google of violating its web-search dominance. The New York Times has fought for access to sealed records in the case including some of Google’s third-party contracts and also trial exhibits produced by Microsoft and Apple. The government’s bench trial wrapped last year, and closing arguments are set to begin on May 2 and last two days. Google has denied any wrongdoing.
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Court calendars are subject to last-minute docket changes.
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- U.S. Supreme Court justices signaled support for Starbucks in its challenge to a judicial order requiring it to rehire seven employees at a Memphis cafe who were fired as they pursued unionization. The justices heard arguments in the coffee chain’s appeal of a lower court’s approval of an injunction sought by the NLRB ordering reinstatement of the workers. The case could make it harder to quickly halt labor practices challenged as unfair under federal law while the NLRB resolves complaints.
- Novartis was hit with a lawsuit by people with autism and their mothers alleging the drugmaker illegally promoted an asthma drug for treatment of preterm labor despite knowing it was ineffective and could cause abnormal fetal brain development. The lawsuit also names the University of California, alleging that a now-deceased professor helped Novartis promote terbutaline for the dangerous off-label use.
- U.S. District Judge Stephen Bough in Missouri preliminarily approved an antitrust class-action settlement that requires the National Association of Realtors to pay $418 million and implement changes to how Americans buy and sell homes. The court’s settlement order marked a key first step before a final approval hearing set on Nov. 26. The realtor group has denied wrongdoing.
- Infant formula makers Gerber and Perrigo were accused in a proposed class action of scheming to artificially drive up prices for “store-brand” formula sold at major retailers. The consumer complaint in Virginia federal court comes after a judge in New York said a company could pursue an antitrust lawsuit over access to the store-brand market. Gerber and Perrigo have denied any wrongdoing.
- Two crypto industry trade associations filed a lawsuit challenging a new rule issued by the SEC that expanded the regulator’s interpretation of what it deems a “dealer” of securities. The Blockchain Association and Crypto Freedom Alliance of Texas argued in their complaint in Fort Worth federal court that the SEC exceeded its authority by adopting an unclear rule that conflicts with the 90-year-old law that regulates securities dealers.
- A group of 22 states led by California and five cities are backing the EPA’s new tailpipe emissions rules, after 25 Republican-led states filed a lawsuit last week challenging the 2027-2032 model year EPA vehicle emissions rules that aim to cut tailpipe emissions for cars and light trucks by nearly 50% over 2026 levels in 2032.
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- Paul Hastings opened an office in Boston, hiring a Sidley Austin practice co-leader to serve as a founding member there. Alexander Temel joined Paul Hastings as global co-chair of its private equity practice. (Reuters)
- King & Spalding brought on securities regulation partner Emily Gordy in D.C. from McGuireWoods. (King & Spalding)
- Reed Smith hired London-based partner Nina Howell in the firm’s energy and natural resources group. Howell was previously at King & Spalding. (Reed Smith)
- Allen & Overy added D.C.-based partner Susan Gault-Brown to its U.S. funds and asset management team. She most recently was at Stradley Ronon. (Allen & Overy)
- Faegre Drinker brought on Gwendolyn Williamson in D.C. as an investment management partner. She previously was at Perkins Coie. (Faegre Drinker)
- Rimon hired corporate and M&A partner Nicolas Lafont in Dallas from McDermott.
- Tyson & Mendes brought on healthcare industry partner Mark Kiefer in Los Angeles from Bradley, Gmelich & Wellerstein. (Tyson & Mendes)
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At law firms, client buying behaviors are shifting in ways that suggest even the longest-standing, most loyal relationships are potentially at risk of churn. To succeed in this more challenging environment, partners who have traditionally relied on repeat business from loyal clients will likely need to adapt their approach to business development. Lavinia Calvert of Intapp explores the recipe for rainmaking success.
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