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A new congressionally directed study said the federal judiciary should consider awarding employees who are the victims of workplace misconduct at the hands of judges monetary damages and increase transparency about how courts address worker complaints internally, our colleague Nate Raymond reports.
The report by the judiciary’s research arm and a congressionally chartered academic institution outlined a series of proposals. Federal courts nationally are inconsistent in how they address workplace complaints, according to the report. The courts lack a comprehensive system to collect and analyze data about those cases, the report said, and nearly 25% of courts’ websites failed to have required information on how they address employment disputes.
>>> Read the report
A spokesperson for the Administrative Office of the U.S. Courts said it was “committed to fostering an exemplary workplace,” adding a working group was assessing ways to build on recent reforms. The report comes a week after a federal judge in Alaska resigned following an investigation that found he had created a hostile work environment for his law clerks and fostered an inappropriate sexualized relationship with one of them.
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- U.S. Bankruptcy Judge Sean Lane criticized Donald Trump’s former lawyer Rudy Giuliani for spending money on his Florida condo and travel to the Republican National Convention instead of paying bankruptcy fees. Lane said last week Giuliani should be kicked out of bankruptcy over his failure to make required financial disclosures. But he still owes about $350,000 to creditors.
- Boies Schiller and Morgan & Morgan said they’ve filed nearly 2,000 lawsuits on behalf of some 96,000 individuals seeking monetary damages for Google’s alleged violation of privacy rights. The complaints in California state court come after a judge declined to certify a class action. Google called the suits “copycat” and said the company will defend against them.
- EU antitrust regulators are asking industry participants if Google’s multi-year generative artificial intelligence deal with Samsung hinders rival chatbots on Samsung smartphones, according to a document seen by Reuters. The European Commission last month said it would send requests for information to better understand the effects of the deal. The move could help the EU antitrust enforcer build a case against the companies if it sees any anti-competitive practices.
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The 3rd Circuit ruled on Tuesday that a Philadelphia federal judge did not abuse his discretion when he tossed nearly 1,200 cases after plaintiffs failed to comply with a Lone Pine order requiring them to produce clinical test results that would conclusively prove they developed shingles as a result of exposure to the virus contained in Merck’s Zostavax vaccine and not from past exposure to the chicken pox virus. Plaintiffs said the judge knew that evidence simply wasn’t available and should have allowed them to offer alternative ways to prove causation in summary judgment briefing. The 3rd Circuit disagreed.
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“Banks are being asked by states to pick a side in service of performative politics rather than deliberative policy.“
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—Michael Hsu, head of the Office of the Comptroller of the Currency, in a speech warning the agency may begin pushing back against the “worrisome trend” of states adopting laws meant to police national bank activities on political grounds. Hsu said in prepared remarks that such measures are pushing “greater fragmentation” of the financial system, and the OCC may begin challenging those measures. Numerous states have considered or passed legislation aimed at policing bank policies considered discriminatory on largely political grounds.
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- A 9th Circuit panel will hear Alaska’s appeal of a Seattle federal judge’s ruling that invalidated a key authorization needed to open a salmon fishery during the summer and winter. U.S. District Judge Richard Jones agreed with environmental groups that the federal government’s plan to protect wild salmon from overfishing, and the endangered whales that rely on them for food, was too vague.
- Former eBay security employee Brian Gilbert will be sentenced in Boston federal court after pleading guilty to playing a role in a campaign by several of the e-commerce company’s employees to stalk and harass a Massachusetts couple whose online newsletter was viewed as critical of the business. The sentencing of Gilbert, eBay’s former senior manager of security operations, will be before U.S. District Judge William Young. Prosecutors, citing Gilbert’s health condition, are not recommending prison.
- In Brooklyn federal court, Anatoly Legkodymov, co-founder of Hong Kong-registered virtual currency exchange Bitzlato, will be sentenced after pleading guilty in December to processing about $700 million in illicit funds. Legkodymov pleaded guilty to one count of operating a money-transmitting business that transported and transmitted illicit funds. He has agreed to forfeit $23 million in a deal with federal prospectors.
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Court calendars are subject to last-minute docket changes.
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- Vermont sued two of the largest U.S. pharmacy benefit managers, accusing them in state court of driving up prescription drug prices for patients in order to enrich themselves. Drug industry middlemen have come under growing scrutiny, and Vermont in its lawsuit joins other states that have brought similar claims.
- The SEC sued Patrick Orlando, ex-chief of Digital World Acquisition Corp that helped Donald Trump’s social media company go public, for securities fraud. The SEC said in a filing Orlando misled investors by failing to disclose that his company had formulated a plan to acquire Trump Media & Technology Group and was pursuing the acquisition before DWAC’s initial public offering.
- A federal judge in Alaska overturned an oil and gas lease sale that had been mandated by the Biden administration’s signature climate law as part of a political compromise, on grounds that the U.S. government violated the law when holding the sale. The court decision was a victory for environmental groups.
- A former Goldman Sachs and Blackstone analyst was sentenced to 28 months in prison for insider trading, after admitting that his conduct was “catastrophically stupid.” Anthony Viggiano was sentenced by U.S. District Judge Valerie Caproni in Manhattan, after pleading guilty in January to securities fraud.
- Jack Teixeira, a member of the Massachusetts Air National Guard who has pleaded guilty in federal court to a massive leak of classified national security documents online, will face a court-martial on charges that he also violated military laws.
- U.S. District Judge Christopher Cooper in Washington, D.C., ordered the U.S. Bureau of Land Management to pause approving new permits to drill for oil and gas on nearly 120,000 acres of federal land in Wyoming until it finishes reevaluating the environmental impacts of a lease sale. The decision followed Cooper’s March ruling finding BLM did not comply with the National Environmental Policy Act when it decided to auction the land for oil and gas development in 2022.
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- Proskauer brought on finance partners Philip Bowden and Megan Lawrence in London from A&O Shearman. Bowden will be co-head of the global finance practice. (Proskauer)
- Kirkland hired technology and IP transactions partner André Duminy in London. Duminy previously was at Clifford Chance. (Kirkland)
- Seyfarth added a five-lawyer labor and employment team in Los Angeles and Houston from Hunton Andrews Kurth, including partners Michele Beilke and Julia Trankiem. (Seyfarth)
- Womble Bond Dickinson added New York-based partner David Tyler in the finance, bankruptcy and restructuring practice. Tyler was previously at Hogan Lovells. (Womble)
- Fisher Phillips picked up litigation partner Collin Brodrick in Dallas from Ogletree Deakins. (Fisher Phillips)
- McCarter & English hired white-collar litigation partner Christopher Adams in Newark, New Jersey, from Greenbaum, Rowe, Smith & Davis. (McCarter & English)
- Ogletree Deakins brought on Miami-based labor and employment partner Arturo Ross. He previously was at Fox Rothschild. (Ogletree Deakins)
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Proposed policy changes on merger reviews under the Bank Merger Act should motivate acquirers to become intimately familiar with their Home Mortgage Disclosure Act data. Steve Conigliaro of Squire Patton Boggs walks us through the importance of HMDA data.
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