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Good morning. Florida Gov. Ron DeSantis’ war of words with Disney has turned into a lawsuit – and the words could be key to Disney’s case. Plus, Delta Dental’s general counsel can’t dodge a deposition in an antitrust case, and we’ve got the law schools with the best job rates for their grads. It’s Friday, at last.
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Now that the year-long war of words between Florida Gov. Ron DeSantis and Disney has landed in the courts, the Republican leader might find his verbal barbs directed at the entertainment giant coming back to bite, legal experts told Tom Hals.
DeSantis and Disney have been battling ever since the company criticized a Florida law banning classroom discussion of sexuality and gender identity with younger children, prompting DeSantis to repeatedly attack “woke Disney.” Now, Disney is suing DeSantis as the two fight over control of the central Florida district where it has its theme parks.
Legal experts said DeSantis may have sound policy reasons to reconstitute the authority over Disney’s district, but if Disney can show it was done as retaliation, the company has a strong case.
Leslie Kendrick, the director of the Center for the First Amendment at University of Virginia School of Law, said it will come down to the reason for the changes. “First Amendment law would say that is problematic if it’s done because of the speaker’s protected speech,” Kendrick said.
Read more.
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- Top U.S. Senate Democrat Chuck Schumer warned the U.S. Chief District Judge David Godbey of the Northern District of Texas in a letter that Congress could intervene unless he agrees “to reform the method of assigning cases to judges” in the district. (Reuters)
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Chief Justice John Roberts was urged by the Senate Judiciary Committee to provide details about the top court’s ethics practices, after Roberts declined to attend a May 2 hearing on reports that raised questions about potential conflicts of interest. Recent media reports raised concerns about transactions involving U.S. Justices Clarence Thomas and Neil Gorsuch. (Reuters)
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The general counsel to insurance carrier Delta Dental of California must sit for a deposition in a prospective class action alleging a decades-long conspiracy to fix prices in violation of U.S. antitrust law, U.S. District Judge Elaine Bucklo ruled. Bucklo said there was no “blanket presumption” against such questioning. (Reuters)
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Holland & Knight added 17 lawyers, including seven partners, to its ranks in Mexico from local law firm Sánchez DeVanny. Most of the team joined Holland & Knight’s Monterrey office, which the firm added through its 2021 merger with Thompson & Knight. (Reuters)
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That’s the percentage of 2022 graduates of University of Virginia’s law school who secured permanent, full-time jobs that require passing the bar, the most among all 197 American Bar Association-accredited law schools, new figures show. Virginia unseated Columbia Law School, which held the top spot for jobs among 2021 law graduates. It was a tight race at the top. Duke Law School, at 95.33%, and Columbia, at 95.21% came within a half-percentage point of Virginia’s results. The University of Georgia School of Law and New York University School of Law round out the top five.
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Was Fox Corp director and former Republican vice-presidential candidate Paul Ryan the blameless Cassandra of the Fox board, warning of disaster from the network’s coverage of 2020 election fraud conspiracies only to be ignored? Or was Ryan so deeply invested in his relationship with Rupert and Lachlan Murdoch that he deliberately sat on his hands as Fox News repeatedly aired election fraud claims that Ryan believed to be false? The answer, writes Alison Frankel, depends on which Fox shareholder complaint you are reading. It’s still early days in the Fox shareholder case, Frankel notes, but these divergent theories on Ryan’s exposure could be a factor in who gets picked to lead the litigation.
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“We are on the brink of a fight that doesn’t need to happen, and frankly shouldn’t happen.“
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—Coinbase Chief Legal Officer Paul Grewal, who responded to the SEC’s Wells notice, a formal declaration that the regulator’s staff intends to recommend an enforcement action, in a video the SEC made public. The SEC has increasingly sought to crack down on what it perceives as noncompliance by crypto companies, while Coinbase has argued that the SEC needs to make new rules to govern digital assets. Earlier this week, Coinbase appealed to a federal court to force the SEC to say whether it will create new rules for digital assets. “No law or regulation authorizes the SEC to charge Coinbase for the alleged violations in the Wells notice,” Grewal said.
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U.S. District Judge Leonie Brinkema in Alexandria, Virginia, federal court will weigh Google’s bid to dismiss the DOJ’s antitrust complaint alleging abuses in the digital advertising market. The government, which filed the ad tech lawsuit in January along with a group of states, has argued that Google should be forced to sell its ad manager suite. Google, represented by Eric Mahr of Freshfields, has denied any wrongdoing. The DOJ’s team includes former longtime Paul Weiss partner Julia Mason Wood. The case is on a fast-track schedule that could see a trial early next year.
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The U.S. Judicial Conference’s Advisory Committee on Evidence Rules will meet in D.C. and take final action on a proposal involving the use of illustrative aids at trial. Plaintiffs’ lawyer Mark Lanier said in a written submission to the panel that he agreed “with the proposed rule’s premise that misleading or unfairly prejudicial illustrative aids should not be used.” But he said he was opposed to a “requirement that parties be given advance notice of the use of illustrative aids.” Lanier said such notice would allow litigation opponents to “sculpt and script the witnesses’ testimony to explain or avoid the illustrative aid.”
Court calendars are subject to last-minute docket changes.
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Writer E. Jean Carroll, who accused Donald Trump of raping her in the mid-1990s, denied on the witness stand that her failure to scream meant the rape never happened. She also denied that she came forward two decades after the alleged incident in order to sell more copies of her 2019 memoir. Asked at trial in Manhattan federal court why she did not scream during Trump’s alleged attack, Carroll said she was panicked and “not a screamer” by nature. Trump’s legal team sought to undermine Carroll’s credibility after she testified in graphic detail. (Reuters)
- Ed Sheeran played the chord progression to his hit song “Thinking Out Loud” and sang a few of the words on the witness stand in Manhattan federal court during a trial over whether he copied Marvin Gaye’s classic “Let’s Get it On.” On the stand, he sang the phrase “I’m singing out now,” which he said began with during his songwriting session before changing to “I’m thinking out loud,” which ultimately became the title. (Reuters)
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Defunct talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy, saying it cannot continue to defend itself against a “deluge” of lawsuits alleging that its talc products caused asbestos exposure and cancer. Whittaker, which has been sued by more than 2,700 individuals, said that it was forced to seek bankruptcy protection after a recent $29 million verdict in South Carolina led to the appointment of a receiver to take over its operations. (Reuters)
- A group of states led by New York lost their effort in the D.C. Circuit to revive a lawsuit alleging Facebook’s acquisitions of Instagram and WhatsApp should be undone. Circuit Judge A. Raymond Randolph, writing for the three-judge panel, said the plaintiffs had not pursued their case in time. (Reuters)
- New York’s top state court threw out claims by yellow cab operators that New York City diminished the value of their taxi licenses by failing to rein in app-based competitors like Uber Technologies and Lyft. The New York Court of Appeals in a unanimous ruling said the city’s Taxi and Limousine Commission never promised yellow cab companies that it would take steps to protect the value of their licenses, which the companies claimed fell by about 75% as app-based services became more popular. (Reuters)
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Winston & Strawn brought on Miami-based M&A partner Will Turner in the firm’s digital assets and blockchain technology group. Turner was previously at Greenberg Traurig. (Reuters)
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O’Melveny added New York-based partner Brian McKenna in the firm’s mergers and acquisitions practice. McKenna was previously at Pillsbury Winthrop. (Reuters)
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McDermott added transactions partner Elena Otero in Miami. Otero was previously at Holland & Knight. (McDermott)
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Armstrong Teasdale added litigation partner Elizabeth Silker to the firm’s St. Louis office. Silker was previously at Brown & James. (Armstrong Teasdale)
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