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Prosecutors have brought the first charges in an investigation into the theft of $1 million in payments meant for court-appointed lawyers, Nate Raymond reports.
Five people were arrested and charged in a pair of indictments unsealed in federal court in Brooklyn that accused them of depositing stolen checks meant to reimburse private attorneys appointed by the court to represent indigent defendants. The checks were for lawyers who serve on the Criminal Justice Act panel in the Eastern and Southern Districts of New York.
In one of the two cases, prosecutors said Ada Tavarez, 58, impersonated a Brooklyn lawyer and used the attorney’s identity to open a bank account and try to deposit a stolen $125,386 check in June with a forged signature. A lawyer for Tavarez could not be immediately identified.
U.S. Attorney Breon Peace’s office said the investigation had identified over $1 million in stolen checks that the U.S. Department of Treasury issued on behalf of the Administrative Office of the U.S. Courts, which have been deposited since 2021.
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- Judge Pauline Newman lost a bid to persuade the federal court system’s governing body to review her suspension from the Federal Circuit amid an unusually public internal investigation into the 96-year-old jurist’s fitness to serve. The governing body said in a decision that Newman did not have good cause to refuse to cooperate with the appeals court’s investigation and that the court’s other judges did not abuse their discretion by suspending her. Newman’s attorney said they would continue to challenge the suspension.
- A white law student who was expelled from Howard University School of Law—a historically Black institution—may pursue his discrimination lawsuit against the school, albeit on narrow grounds, a federal judge ruled. U.S. District Judge Trevor McFadden in Washington, D.C., dismissed the bulk of plaintiff Michael Newman’s claims against Howard Law and various administrators but allowed limited claims of defamation, breach of contract and race discrimination to move forward.
- A San Francisco judge tossed a lawsuit seeking to reverse The University of California College of the Law, San Francisco’s 2023 name change, which followed a probe into whether the school’s former namesake Serranus Hastings orchestrated the deaths of Native Americans on land he owned. The court found the 1878 legislation that established the University of California Hastings College of the Law was not a contract, as the family of Serranus Hastings had claimed in the lawsuit.
- President Joe Biden nominated four new district court judges, in the latest effort by the White House to fill vacancies in Republican-led states and diversify the federal bench. The nominations include Eric Schulte and Camela Theeler in South Dakota, U.S. Magistrate Judge Sanket Bulsara in New York, and Judge Dena Michaela Coggins in California.
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That’s how much it will cost for a month’s supply of insulin from Eli Lilly for Minnesota residents after the company settled a lawsuit brought by the state of Minnesota that accused the three largest insulin makers of deceptively raising the price of the diabetes treatment. The settlement, which will be in force for five years, also requires Indianapolis-based Lilly to donate free insulin to 15 clinics serving Minnesotans who might otherwise struggle to afford the life-sustaining treatment.
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“Our job is to answer whether it is a wolf in sheep’s clothing. “
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—Justice John Couriel, as justices of the Florida Supreme Court appeared torn over a measure that would let voters decide whether to amend the state constitution to protect abortion. Several of the justices were skeptical of the state’s argument that the measure was misleading and unclear. A lawyer for Republican Attorney General Ashley Moody said the measure would effectively eliminate the state’s authority to regulate abortion, and that some voters might not realize how broad it was. A lawyer representing Floridians Protecting Freedom, the group sponsoring the measure, said the language in the amendment and its associated summary was clear.
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- The U.S. Supreme Court is set to weigh Donald Trump’s fight to stay on the ballot in Colorado in a case that carries high stakes not only for the former president, but also for the justices, our colleague Andrew Chung reports. The justices are scheduled to hear arguments in Trump’s appeal of the Colorado Supreme Court’s decision disqualifying him from the state’s Republican presidential primary ballot based on language in the U.S. Constitution’s 14th Amendment for engaging in insurrection, involving the Jan. 6, 2021, attack by his supporters on the U.S. Capitol.
- The D.C. Circuit will hear a case by broker-dealer Alpine Securities arguing the Financial Industry Regulatory Authority’s structure is unconstitutional. The company has argued that FINRA, a private organization with the power to discipline its members, is a governmental body that should be subject to constitutional restrictions. Cooper & Kirk’s Brian Barnes will argue for Alpine, and Amir Tayrani of Gibson Dunn will argue for FINRA.
- A federal judge in Boston will hold a hearing on DraftKings’ motion for a temporary restraining order against former top executive Michael Hermalyn, whom the company accused earlier this week of stealing confidential business information and taking it to rival Fanatics. Lawyers for DraftKings include Wilmer Hale’s Bill Lee and Gibson Dunn’s Orin Snyder and Jason Schwartz. Hermalyn is represented by Beck Reed Riden.
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Court calendars are subject to last-minute docket changes.
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- The Biden administration asked the U.S. Supreme Court to overturn a lower-court ruling that would prevent it from regulating privately made firearms called “ghost guns” that are difficult for law enforcement to trace. The DOJ in its petition argued the 5th Circuit wrongly declared that a rule adopted by the ATF in 2022 to combat the rapid proliferation of ghost guns was “unlawful.”
- Major tire manufacturers including Pirelli, Continental, Michelin and Nokian were sued in New York federal court for alleged price-fixing, days after EU competition authorities announced an investigation into a possible cartel. The lawsuit seeks class-action status for U.S. purchasers of tires from the tire makers since January 2020.
- A German court issued an injunction against the sale of some of Intel’s chips, in a patent dispute involving voltage regulators between the tech giant California-based R2 Semiconductor.
- A U.S. judge refused to suspend National Collegiate Athletic Association rules that bar prospective student athletes from negotiating payment deals for the commercial use of their name, image and likeness during the recruiting process.
- Cryptocurrency platform TradeStation will pay $3 million to settle charges from the SEC and multiple states that it offered and sold unregistered securities through an interest-earning program. TradeStation failed to register its crypto lending product that allowed U.S. investors to deposit or purchase assets on TradeStation’s platform in exchange for yield, the agency said.
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- Morrison Foerster picked up restructuring partner Oksana Lashko in New York from DLA Piper. (Morrison Foerster)
- DLA Piper brought on structured finance partner Joo Kim in New York. Kim arrives from Cadwalader. (DLA Piper)
- Hunton Andrews Kurth hired Carl von Merz in Houston as head of its U.S. oil and gas practice. He most recently was leader of Mayer Brown’s Houston corporate practice and its U.S. upstream energy practice. (Hunton Andrews Kurth)
- Simpson Thacher brought on litigation partner David Edwards in London to co-lead its European disputes practice. He previously was at Skadden. (Simpson Thacher)
- Paul Hastings hired finance partner Stephen Gruendel in New York from Shearman & Sterling. (Paul Hastings)
- McDermott added D.C.-based transactions partner Alexei Cowett, who advises media, entertainment and sports clients. He arrives from Venable, where he was head of the growth companies practice. (McDermott)
- Polsinelli brought on a team of 10 lawyers and consultants to its cybersecurity and privacy practice from Maynard Nexsen, including partners John Thomas Malatesta, Starr Turner Drum, Sarah Glover and Adam Griffin in Birmingham, Alabama. (Polsinelli)
- Sheppard Mullin hired healthcare partner Douglas Swill in Chicago. He most recently was at Faegre Drinker. (Sheppard Mullin)
- King & Spalding brought on D.C.-based product liability trial partner Greg Chernack from Hollingsworth. (King & Spalding)
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Recent changes to the process of requesting review of Patent Trial and Appeal Board decisions have given practitioners new options and led to significant changes in both the number of reviews requested and the decisions resulting from those requests. James Glass and Christopher Smith of Quinn Emanuel examine the rehearing landscape before and after the U.S. Supreme Court’s 2021 decision in United States v. Arthrex, to help guide practitioners seeking review to select the process most suitable to their practice.
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