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Good morning. A newly unsealed indictment in Georgia charged Donald Trump and several of his lawyers with efforts to overturn the 2020 election. We have the latest from the court. Plus, at least two lawsuits have been filed against Hawaiian Electric Industries over deadly wildfires; the University of Chicago’s financial-aid antitrust settlement terms just hit the docket; and the LSAT is offering a re-test after “unacceptable delays” plagued the first-ever hybrid exam.
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Prosecutors in Georgia unveiled an indictment against Donald Trump late last night that accuses the former president of spearheading a conspiracy to overturn the results of the election in the state — and for the first time several of Trump’s best-known lawyers are charged alongside him, Andy Sullivan, Joseph Ax, Sarah N. Lynch and Jacqueline Thomsen report.
The sprawling 98-page indictment lists 19 defendants and 41 criminal counts. All of the defendants were charged with racketeering, which is used to target members of organized crime groups, Jack Queen reports.
The charging papers name Trump attorneys Rudy Giuliani, John Eastman, Ken Chesebro, Jeffrey Clark, Jenna Ellis, Sidney Powell, Ray Stallings Smith III and Robert Cheeley. Trump’s former White House chief of staff Mark Meadows is also charged. Lawyers for those named either declined to comment or did not immediately respond to requests for comment.
Several members of Trump’s legal team are already facing trouble. In D.C., Giuliani and Clark are fighting the bar’s disciplinary office, which accused them in separate cases of violating attorney ethics rules stemming from their alleged efforts to help Trump overturn the election. Powell defeated a disciplinary action in Texas and faces a pending one in Michigan. Eastman is fighting the California bar’s effort to punish him, and Ellis agreed to be censured by a Colorado court after admitting to making false claims about voter fraud.
Chesebro is a New York lawyer who worked on Trump’s presidential campaign, and Cheeley and Smith are local Georgia attorneys. All three are accused of furthering the scheme to put forward fake electors. Also, Smith is accused of falsely testifying before state legislators that Georgia’s election was riddled with voter fraud.
Read more: Analysis: Georgia criminal charges: Trump’s chances and challenges
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- Orrick is facing a new class action over a March 2023 data breach that allegedly compromised the personal information of more than 152,000 people. The lawsuit claims Orrick did not inform the alleged victims of the data breach until June, more than three months after it occurred. An Orrick spokesperson declined to comment. (Reuters)
- Apollo Global Management co-founder Leon Black filed a third lawsuit against New York-based law firm Wigdor, which has represented three women who have accused him of rape. Black accused Wigdor of malicious prosecution in the lawsuit in New York state court. Black has repeatedly denied the rape claims. An attorney at Wigdor said Black’s claims are “frivolous” and are aimed at scaring other women and their lawyers. (Reuters)
- Quinn Emanuel is suing Los Angeles County to recoup more than $280,000 in legal fees for the firm’s work on behalf of an embattled former county sheriff. The case comes after Los Angeles prevailed in a separate, earlier suit that alleged Quinn Emanuel did not have a valid, enforceable contract with then-Sheriff Alex Villanueva. (Reuters)
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Just a month before oral arguments in an appeal that will test the legality of a corporate strategy to combat mass arbitration, a new ruling from a federal trial judge has highlighted the strategy’s potential due process pitfalls. Alison Frankel explains why a Los Angeles judge’s criticism of Live Nation’s bellwether process for handling thousands of antitrust arbitration demands by Ticketmaster customers could impact Verizon’s landmark 9th Circuit appeal in a different mass arbitration case.
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“Policy disagreements should be addressed to elected policymakers at the ballot box, not to unelected judges in the courthouse.”
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—U.S. Circuit Judge A. Marvin Quattlebaum, writing for a 2-1 majority in the 4th Circuit that a group of parents could not challenge a Maryland school district’s policy against telling parents if their children identify as transgender or gender nonconforming. The majority said the parents lacked standing to pursue their “compelling arguments” because they had not alleged their children had gender support plans or were transgender. Lawsuits are pending challenging similar policies in other states. The Maryland case was the first to be argued before a federal appeals court.
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- In Fayetteville federal court, U.S. District Judge Timothy Brooks will weigh issuing a preliminary injunction against an Arkansas law that the state said is designed to protect “minors from the harmful and predatory environments of social media.” Attorneys for the state said the law requires potential users to verify their age and also requires parental permission to create a profile online. Appellate veteran Paul Clement of Clement & Murphy, who will argue against the law, said in a filing that the measure “restricts a breathtaking amount of core First Amendment activity.”
- U.S. District Judge Jennifer Rearden in Manhattan will hold a plea proceeding in the prosecution of a former top FBI official who was charged with working for sanctioned Russian oligarch Oleg Deripaska. Charles McGonigal, who led the FBI’s counterintelligence division in New York before retiring in 2018, has pleaded not guilty to four criminal counts including sanctions violations and money laundering. But he has indicated he may wish to change his plea, Rearden said in a recent order. McGonigal is represented by lawyers from Bracewell.
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Court calendars are subject to last-minute docket changes.
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- The University of Chicago will pay $13.5 million to resolve claims it participated with other elite schools in a conspiracy that artificially boosted the cost of admission through curbs on financial aid. The plaintiffs’ firms said the deal, which faces court approval, includes a cooperation provision concerning documents and evidence. (Reuters)
- At least two lawsuits have been filed against Hawaiian Electric Industries and its subsidiaries by residents of the state who claim the utility is responsible for last week’s deadly wildfires that officials say killed at least 96 people. The proposed class action lawsuits were filed by Hawaii and California firms in state court in Hawaii, and seek to represent thousands of Hawaii residents impacted by the devastating fires that left thousands homeless and Maui’s Lahaina in ruins. The cause of the fire remains under investigation. (Reuters)
- Crypto lender Celsius Network got the OK from U.S. Bankruptcy Judge Martin Glenn to seek creditor approval for its bankruptcy plan. If the plan is approved, Celsius estimates that most of its customers, who had interest-bearing Earn accounts, will receive a 67% recovery through return of liquid crypto assets like Bitcoin and Ether, equity shares in the new company, and proceeds of post-bankruptcy litigation against company founder Alex Mashinsky and others. (Reuters)
- Kellogg and its Kashi unit have defeated appeals seeking to revive two proposed class actions accusing the cereal maker of deceiving consumers about the protein content of its products. A 9th Circuit panel agreed with a lower court judge that federal law preempted the plaintiffs’ claims under California and Illinois consumer protection laws. (Reuters)
- With trial slated to begin next month, Netflix and the makers of its hit show “Stranger Things” said they had resolved a lawsuit by a screenwriter who claimed they copied his screenplay about a girl with special powers who fights monsters from another dimension. Jeffrey Kennedy’s Irish Rover Entertainment agreed to drop its lawsuit, which claimed an artist who developed concept art for both his project and “Stranger Things” shared his work with the show’s creators. (Reuters)
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- Freshfields hired New York-based partner Gayle Klein from Schulte Roth & Zabel, where she co-led the litigation group. (Reuters)
- Morgan Lewis added commercial real estate finance partner Michael McCarthy from Stroock. McCarthy is based in New York. (Reuters)
- ArentFox Schiff added three partners to its labor and employment practice in Los Angeles: Morgan Forsey, Daniel McQueen, and Nora Stilestein. They were previously at Sheppard Mullin. (ArentFox)
- McGuireWoods added Peter Geovanes as the firm’s first chief innovation and AI officer. Geovanes, based in Chicago, was previously head of data strategy, AI and analytics at Winston & Strawn. (McGuireWoods)
- Barnes & Thornburg added John Fitzsimmons as a San Diego-based labor and employment partner. Fitzsimmons was previously at DLA Piper. (Barnes & Thornburg)
- Burns & Levinson partner Eric G. J. Kaviar joined Sunstein LLP. Kaviar will be a partner in Sunstein’s litigation practice group in Boston. (Sunstein)
- Richard Cameron joined Womble Bond Dickinson as a partner in D.C., where he’ll be part of the firm’s communications, technology and media team. Cameron previously had a solo practice. (Womble)
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