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Good morning. Donald Trump is set to surrender at a jail in Fulton County, Georgia, one week after the state indicted him on RICO charges. Plus, the 11th Circuit will weigh whether to revive a DeSantis-backed Florida law curbing “woke” workplace bias training; Google criticized proposed Patent Office policy changes citing AI technology; and an Ex-Kirkland associate can proceed with her sex bias lawsuit against the firm. It’s Thursday, the day that has the audacity not to be Friday. Let’s do this!
Today’s Daily Docket was written by Caitlin Tremblay and Sara Merken.
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Donald Trump is set to surrender at a Georgia jail this afternoon, one week after he was indicted on Georgia state RICO charges over his efforts to overturn the results of the 2020 election. The former president has agreed to a $200,000 bond package that includes standard provisions barring him from making direct or indirect threats against witnesses or his 18 co-defendants in the case. The agreement applies to posts and reposts on social media, including Trump’s own Truth Social, where he routinely attacks the legitimacy of the four criminal cases against him and the prosecutors who have brought them.
So what happens if Trump violates the agreement? Judges in Georgia rarely revoke bail and would be extremely unlikely to do so over social media posts or inflammatory statements on the campaign trail, legal experts said. But Judge Scott McAfee does have the power to jail Trump if he crosses the line, and defendants sometimes have their bail revoked for egregious acts of witness tampering. Read more about Trump’s bail agreement.
Some of Trump’s co-defendants have already surrendered. On Wednesday, Rudy Giuliani turned himself in at a jail in Georgia’s Fulton County and was ordered to pay $150,000 bond. Seven others, including attorney Sidney Powell and Trump campaign attorney Kenneth Chesebro, also have surrendered at the jail in Atlanta.
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- Aspiring lawyers will need to grapple with revamped essay questions when they apply to law school this year, the first admissions cycle following the U.S. Supreme Court’s decision ending race-conscious admissions at colleges and universities. (Reuters)
- Former Kirkland & Ellis associate Zoya Kovalenko defeated the law firm’s bid to dismiss her sex discrimination claims, though U.S. District Judge Haywood Gilliam tossed most of Kovalenko’s claims against a group of current and former Kirkland partners. (Reuters)
- Romero Cabral Da Costa Neto, a former visiting attorney at Gibson Dunn, was charged with insider trading after allegedly profiting off information about a $1.7 billion deal involving a firm client, according to prosecutors. (Reuters)
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Number of the day:
$30 million
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REUTERS/Arnd Wiegmann/File Photo
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That’s the amount United Airlines has agreed to pay in a settlement with a quadriplegic man’s family after a deplaning incident left him in a vegetative state, papers filed this week in San Francisco federal court show. The case stemmed from the treatment of Nathaniel Foster Jr, who had been using a wheelchair, ventilator and tracheal tube, as he and his family were disembarking from a flight to Louisiana in 2019. Foster now has “significant” brain damage, according to court papers. The settlement with Foster’s family was reached after one day of trial and requires court approval. (Reuters)
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You have to give points for creativity to lawyers representing a restaurant entrepreneur who was ordered to pay nearly $7 million to Pizza Hut after a 2022 trial before a federal judge in Texas. The entrepreneur, Jignesh “Jay” Pandya, asked the 5th Circuit to erase that judgment, arguing that the judge wrongly enforced a contract provision in which he agreed to waive the right to try the dispute before a jury. His primary argument: Under the U.S. Supreme Court’s 2022 decision in a landmark Second Amendment challenge to New York’s handgun restrictions, the trial judge should have looked back to the historical context of the Seventh Amendment, which guarantees a sweeping right to trial by jury. Alison Frankel explains why the 5th Circuit refused to extend the reasoning of the gun case to a different constitutional right.
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“We follow the same rules, the same rules of decorum, the same rules of evidence … This will not be a circus.“
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— Judge Charles Hamlyn told a state court in Antrim County, Michigan, before opening statements in a trial for the last three men to face charges in a foiled plot to kidnap Michigan Governor Gretchen Whitmer. The three men are accused of terrorism and firearms crimes and have pleaded not guilty. (Reuters)
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- The 11th Circuit will consider whether to allow a Florida law to take effect that would bar employers from promoting various progressive concepts in workplace anti-bias training. U.S. District Judge Mark Walker last year blocked the law — backed by Republican Governor Ron DeSantis — after finding its broad ban on speech unconstitutional. Ropes & Gray’s Douglas Hallward-Driemeier is on the team representing plaintiff Honeyfund.com, a technology company based in Clearwater, Florida. The Florida law was one of the latest in a series of laws adopted by Republican-led states to discourage companies from taking stances on gun control, climate change, diversity and other social issues.
- In San Francisco at the 9th Circuit, social-media platform Pinterest will defend its victory against a copyright lawsuit brought by photographer Harold Davis, who argued it illegally exploited his pictures for advertising purposes by displaying them in close proximity to actual ads. Reese’s Sue Jung Nam will represent Davis at the hearing, and Fred Rowley Jr of Wilson Sonsini will argue for Pinterest. Circuit Judges Patrick Bumatay, Lucy Koh and Roopali Desai will hear the case.
- Plaintiffs lawyers for a class of individuals and employers will urge the 9th Circuit to revive a $411 million antitrust class action that claimed Sutter Health engaged in anticompetitive practices that artificially drove up insurance premiums. A jury last year in San Francisco federal court found in favor of the northern California health system. Sutter’s lawyers include Craig Stewart of Jones Day. Matthew Cantor of Constantine Cannon is on the plaintiffs’ team. Sutter has denied any liability.
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Court calendars are subject to last-minute docket changes.
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- FTX defended the pace of its negotiations on a bankruptcy plan that would resolve all creditor claims, saying that the deal is continuing to take shape despite signs of unrest among some creditor factions. (Reuters)
- Delaware Superior Court Judge Eric Davis rejected Newsmax Media’s bid to narrow the allegedly defamatory statements that the right-wing television network must defend in a lawsuit by voting machine company Smartmatic USA involving the 2020 presidential election. (Reuters)
- The South Carolina Supreme Court in a 4-1 ruling upheld a new state law banning abortion after fetal heart activity is detected, usually around six weeks of pregnancy, months after it blocked a similar ban. (Reuters)
- Public health and environmental groups including the Sierra Club and the Center for Environmental Health in a petition accused the U.S. Environmental Protection Agency of unreasonably delaying regulations that could ban lead weights in automobile wheels, which can break loose and contaminate streams and soil near roadways (Reuters)
- The 6th U.S. Circuit Court of Appeals in a 2-1 ruling rejected Ohio contractor Allstates Refractory Contractors’ challenge to OSHA’s power to adopt rules governing workplace safety. (Reuters)
- The Federal Reserve Bank of New York defended its plan to terminate Puerto Rican lender Banco San Juan Internacional’s access to the U.S. central banking system following a federal crackdown on banks with links to Venezuela. (Reuters)
- Drugmaker Mallinckrodt expects to file for a second bankruptcy in the coming days, after reaching a debt reduction deal that would cut $1 billion from the amount it owes to victims of the opioid crisis. (Reuters)
- Roman Semenov and Roman Storm, two co-founders of the virtual currency mixer Tornado Cash, were indicted for their involvement with the banned outfit and related laundering of up to $1 billion in criminal proceeds for a North Korean government-linked hacking group. (Reuters)
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While an existential scenario in which AI replaces attorneys entirely seems unlikely for the foreseeable future, it’s possible that much of the rote and generic legal work of tomorrow will primarily be handled by AI, writes Roger Barton of Barton LLP. AI will still require human oversight and interaction as liability issues loom. But if AI is able to replace some legal work, it is worth revisiting the value that human lawyers will be adding to the equation and how the legal industry will have to adapt.
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