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U.S. District Judge Amit Mehta’s blockbuster ruling that Google was unlawfully dominating web search was a blow to Big Tech, and could have reverberations for years. But the ruling was not an across-the-board victory for the DOJ, our colleague Jody Godoy reports. Apple could be a winner, at least in court, wielding part of the decision to help defend against U.S. antitrust claims.
Apple is battling the DOJ in New Jersey federal court in a case accusing the iPhone maker of monopolizing the smartphone market. Mehta’s ruling threw out a claim by several U.S. states that one of Google’s ad tools was designed to give the company an advantage over Microsoft’s Bing. Mehta agreed with Google that it was not required to spur competition by accommodating its rival. Google and Apple have denied any wrongdoing.
Mehta’s decision could give Apple a boost against allegations by the DOJ that it hampered the development of third-party apps and devices. The ruling underscored U.S. Supreme Court precedent that companies almost never have a “duty to deal” with their rivals. Still, it’s not all rosy for Apple. Mehta could order an end to Google’s multibillion-dollar distribution agreements, and that could spell a dip in revenue for Apple.
>>> Read more: In landmark Google ruling, a warning to companies about preserving evidence
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- Aspiring lawyers who are victims of domestic violence or sexual assault should not have to disclose any related legal or police involvement during the attorney admissions process, the American Bar Association said. Requiring would-be lawyers to “explain their history of abuse” and track down documentation related to their case “retraumatizes” them, according to the resolution report approved by the ABA’s policymaking body.
- New Jersey’s attorney general urged a federal judge to reject a bid by scores of businesses to have a new law barring the disclosure of home addresses and other personal information belonging to judges and prosecutors declared unconstitutional. New Jersey Attorney General Matthew Platkin’s office in a brief argued the disclosure restrictions served an important public safety goal and did not run afoul of the companies’ free speech rights.
- Federal prosecutors in Alaska identified another 21 criminal cases in which now-former U.S. District Judge Joshua Kindred, who resigned after being accused of sexual misconduct, had failed to recuse himself due to potential conflicts of interest. Prosecutors previously identified 23 other cases in which undisclosed conflicts may have existed.
- Google and lawyers at Boies Schiller are due to face off today in Oakland, California, federal court over $217 million in legal fees, as the law firm presses its bid to get paid for its work on a privacy settlement. Google’s legal team at Quinn Emanuel is opposing the amount, calling it “beyond the pale” in a case where there was no settlement fund. The lawsuit claimed Google secretly tracked web use of people who thought they were browsing privately. Google, denying wrongdoing, agreed to destroy billions of data records to settle the lawsuit.
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That’s how much investment banking firm Piper Sandler agreed to pay as a civil penalty to U.S. regulators to resolve investigations into its record-keeping practices. The firm will pay $14 million to the SEC and $2 million to the CFTC to settle probes into unapproved business-related communications on messaging platforms, according to a company filing. The SEC has been conducting a multi-year initiative to investigate whether Wall Street banks have been adequately logging employees’ text messages and emails, particularly as bankers shifted to remote work during the pandemic.
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More than three dozen major law firms, including Kirkland & Ellis and Weil Gotshal, warned the 6th Circuit on Monday that lawyers will not be able to conduct effective corporate investigations unless the court overturns a decision allowing FirstEnergy investors to see documents from the Ohio utility’s internal probe of a political corruption scheme. Alison Frankel has the story on the law firms’ doomsday amicus brief, one of several filings calling on the 6th Circuit to grant FirstEnergy’s mandamus petition.
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“The facts as pled show that Harvard failed its Jewish students.“
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—U.S. District Judge Richard Stearns in his ruling that Harvard University must face a lawsuit by Jewish students who accused the Ivy League school of letting its campus become a bastion of rampant antisemitism. Without ruling on the merits, Stearns found plausible accusations that Harvard was deliberately indifferent toward Jewish and Israeli students who said they feared for their safety after facing severe and pervasive harassment. Read more from the ruling.
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- Former U.S. bankruptcy judge David Jones in Houston, who is under increasing pressure in a battle over attorneys’ fees that he approved for his romantic partner’s former law firm, is due in court to explain his recent “off the record” discussions with the firm, Jackson Walker, our colleague Dietrich Knauth reports. Chief Bankruptcy Judge Eduardo Rodriguez said in an order that Jones’ informal meeting may have violated a judiciary policy that says judges and court employees may not “comment, testify, or produce records” in a legal proceeding without prior approval.
- U.S. District Judge Adrienne Nelson in Oregon will hold a scheduling conference in the FTC’s lawsuit challenging Kroger’s planned $25 billion purchase of rival grocer Albertsons. Nelson is set to consider later this month whether to preliminarily enjoin the deal. The companies have asserted their tie-up plan would benefit consumers.
- Lenovo’s Kirkland attorneys will ask the Federal Circuit for an order against “secret” lawsuits that Ericsson brought against the company in Colombia and Brazil as part of their licensing dispute over 5G wireless patents. The South American courts have blocked Lenovo from selling products that allegedly infringe Ericsson’s patents. Attorneys from MoloLamken, Alston & Bird and McKool Smith represent Ericsson. They said a ruling for Lenovo would be a “grave intrusion into foreign court proceedings.”
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Court calendars are subject to last-minute docket changes.
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- The University of Pennsylvania sued biotechnology firm BioNTech in federal court, accusing the company of underpaying royalties for patents covering UPenn technology used in BioNTech and Pfizer’s COVID-19 vaccine Comirnaty. The lawsuit said BioNTech owes the school a greater share of its worldwide vaccine sales.
- The IRS backed off a $1.4 billion claim in its lawsuit against the FDIC, saying that it will reach a smaller settlement over taxes that went unpaid when Silicon Valley Bank collapsed.
- The 5th Circuit considered whether President Joe Biden improperly addressed a “major question” reserved for Congress when he mandated that companies pay a $15-per-hour minimum wage to workers on federal contracts. A panel heard oral arguments in the government’s appeal of a judge’s ruling that blocked the application of the 2021 executive order to Texas and two other Republican-led states.
- The 2nd Circuit said a Citigroup vice president was not entitled to a share of a $400 million civil fine that the bank agreed to pay in October 2020 over its risk management failures. The court said Tamika Miller did not show that her whistleblowing over Citigroup’s alleged altering of audit reports obligated the bank to pay a penalty, leading to its settlement with the Federal Reserve and the Office of the Comptroller of the Currency.
- Harvard University accused Samsung Electronics of violating its patent rights in technology related to chip manufacturing. Harvard said in the lawsuit that Samsung’s methods for manufacturing microprocessors and memory products infringe two patents covering inventions from a Harvard chemistry professor.
- Earthjustice filed a lawsuit against Suncor Energy on behalf of GreenLatinos, the Sierra Club and 350 Colorado, alleging that pollution from a refinery in Colorado has resulted in long-lasting harm to surrounding communities.
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- Venable added private wealth planning partners Sandra Newman and Rebecca Eberhardt in Chicago. They were previously at Perkins Coie. (Venable)
- Perkins Coie added private funds partner Kerry Potter McCormick in New York. She previously was at Barnes & Thornburg. (Perkins Coie)
- Fried Frank hired corporate real estate partner Roger Schofield in London from Freshfields. (Fried Frank)
- Davis Polk brought on London-based private equity partner Gordon Milne, who previously was at A&O Shearman. (Davis Polk)
- Dinsmore and Shohl hired a five-lawyer tort team in Columbus, Ohio, including healthcare partner Bobbie Sprader from Bricker & Eckler. (Dinsmore)
- Paul Hastings brought on tax partner Alex Farr in Dallas from McDermott. (Paul Hastings)
- Clark Hill added Richard Scharlat in New York to its labor and employment practice. He previously was at Fox Rothschild. (Clark Hill)
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