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Good morning. A group of U.S. judges has named the plaintiffs’ lawyers who will lead mass litigation over water contamination at North Carolina’s Camp Lejeune. Plus, the federal public defenders program is bracing for potential staff cuts; a Kirkland team led the investigation of the Stanford University president’s scientific work; and early reviews of the new bar exam from legal educators are … meh. We’re tepid about Thursday, but let’s get going.
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The judges overseeing lawsuits regarding tainted water at Marine Corps Base Camp Lejeune in North Carolina have selected a seven-member team of plaintiffs attorneys to lead what is likely to become one of the largest mass litigations of all time, reports Diana Novak Jones.
The four judges of the Eastern District of North Carolina, where the lawsuits are filed, chose J. Edward Bell of Bell Legal Group as lead counsel, and named Zina Bash of Keller Postman, Elizabeth Cabraser of Lieff Cabraser and Mona Lisa Wallace of Wallace & Graham to the group of co-lead counsels.
The team will manage discovery, trial selection and settlement talks for the cases, which currently total about 1,100 and are not consolidated. The cases follow an administrative claims process with the U.S. Navy, and more than 70,000 claims have been filed since last August.
The government has acknowledged that the water was tainted for more than 30 years and may have increased the risk of cancer and other health problems for as many as one million people.
Read more about the leadership team.
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- Kirkland’s Mark Filip led an independent review team for Stanford University’s board of trustees that found flaws in research conducted by Stanford’s president Marc Tessier-Lavigne. In a letter to the university, Tessier-Lavigne, a neuroscientist, said he will resign his post next month. Tessier-Lavigne, who will still serve as a biology professor at the school, plans to retract three papers and correct another two. Filip’s review did not find any fraud or falsification. (Reuters)
- London-founded Clifford Chance saw its revenue surpass 2 billion pounds for the first time last year. The global firm said its revenue increased 5% to 2.062 billion pounds ($2.495 billion) in its financial year that ended April 30. Profits slid modestly to 781 million pounds ($945 million) from 783 million pounds the prior year, the firm said. (Reuters)
- A team from White & Case is representing former JPMorgan foreign currency trader Richard Usher in a public-records lawsuit against the DOJ. Usher, acquitted on criminal antitrust charges in 2018, said the government is unfairly barring him access to certain FBI records that he said he wants to use to fight charges in Brazil. (Reuters)
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That’s how many staff positions the U.S. federal public defenders system could need to cut, stemming from a budgeting error by Congress that could leave it with a 3% to 5% shortfall, our colleagues Sarah N. Lynch and Richard Cowan report. That would mean a reduction of as much as 12% of the roughly 4,100 employees of the Federal Public and Community Defenders, the office that represents indigent federal criminal defendants, who could in turn be left to spend more time in jail awaiting trial. The agency has already imposed a nationwide hiring freeze to brace for the cuts.
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The $2.5 trillion syndicated loan market has been on edge for nearly two years thanks to an appellate case that could expose these private deals to new scrutiny under state and federal securities regulations. In May, the 2nd Circuit asked the SEC for its views, in light of the potentially market-disrupting policy implications of the appeals. The SEC diligently consulted with other agencies and with the DOJ — then told the 2nd Circuit on Tuesday that it can’t express an opinion. Alison Frankel looks at the implications of the SEC’s punt, for this case and for the megabucks loan syndication market.
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“This new exam is much more evolutionary than revolutionary.“
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- Senate Judiciary Committee members are set to debate and vote on a bill introduced by Democratic Senator Sheldon Whitehouse that would impose on the U.S. Supreme Court new requirements for financial disclosures and for recusal from cases in which a justice may have a conflict of interest. Senate Democrats are pursuing legislation this week that would set a binding ethics code for the high court following revelations that some conservative justices have failed to disclose luxury trips and real estate transactions. The measure faces an uphill battle due to Republican opposition.
- Three Florida men charged with making more than $22 million through insider trading in late 2021 ahead of a proposed merger to take former President Donald Trump’s social media company public are scheduled to be arraigned before U.S. District Judge Lewis Liman in Manhattan federal court. Michael Shvartsman, his brother Gerald Shvartsman and Bruce Garelick allegedly traded illegally in Digital World Acquisition, a SPAC, before it announced its plan to combine with Trump Media & Technology Group. The merger has yet to occur.
- Assistant Attorney General Jonathan Kanter, head of the DOJ’s antitrust division, is scheduled to speak at a Federalist Society event in D.C. at the National Press Club. Kanter is expected to discuss proposed new merger guidelines. Other featured speakers include Doha Mekki, principal deputy assistant attorney general in the antitrust division; and Todd Zywicki, a law professor at Antonin Scalia Law School at George Mason University.
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Court calendars are subject to last-minute docket changes.
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- U.S. District Judge Lewis Kaplan in Manhattan rejected Donald Trump’s request for a new trial after a jury found the former U.S. president liable for sexually abusing and defaming the writer E. Jean Carroll and awarded her $5 million. In a 59-page decision, Kaplan also dismissed Trump’s arguments for reducing damages to less than $1 million. Trump has appealed the verdict. (Reuters)
- JPMorgan will get to review some of Elon Musk’s emails as it pursues a lawsuit against Tesla over a bond contract dispute that arose after Musk tweeted he might take his electric car company private. U.S. Magistrate Judge Ona Wang in Manhattan gave Tesla four weeks to turn over emails from Musk’s account at his rocket manufacturing company SpaceX. Tesla has countersued JPMorgan. (Reuters)
- Microsoft, which is seeking to wrap up its acquisition of game-maker Activision for $69 billion, urged the FTC to withdraw its case opposing the deal that the agency had brought before an internal administrative law judge. The request comes ahead of a scheduled Aug. 2 trial at the agency. The FTC earlier lost its bid in U.S. court to preliminary block the deal. (Reuters)
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- Winston & Strawn added Miami-based tax partners Jeffrey Rubinger and Summer LePree from Baker McKenzie. (Reuters)
- Holland & Knight hired five attorneys, including partners Julie Connelly and Annie Malo, from Seyfarth Shaw for its real estate team in Boston. (Reuters)
- Freshfields hired Tim Clark from Goodwin Procter to serve as global head of private funds and securities. Clark will be based in New York. (Reuters)
- Seward & Kissel hired partner Kristen Curatolo in New York as co-head of the firm’s private clients/trusts and estates group. Curatolo arrives from Kirkland. (Seward & Kissel)
- Squire Patton Boggs added Charles Rosenberg as a D.C.-based partner in the firm’s international dispute resolution practice. Rosenberg was previously at King & Spalding. (Squire Patton Boggs)
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All lawyers in New York now must complete an hour of cybersecurity training before renewing their law license, thanks to a new requirement that took effect on July 1, writes John Bandler, a consultant and adjunct professor at Elisabeth Haub School of Law at Pace University. Negotiating and settling deals and transactions make law firms and attorneys lucrative cybercrime targets. Bandler says the new training should become a “box to be checked and forgotten.”
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