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Dec. 8, 2023

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What’s going on today?

U.S. appeals court partially upholds Trump gag order in federal election case.
Trump’s immunity appeal offers best chance to stave off 2020 election trial.
U.S. legal jobs near last year’s record high.
Plus, your week in review.

Have a great weekend!

Microsoft, OpenAI tie-up comes under antitrust scrutiny

REUTERS/Gonzalo Fuentes/File Photo

Microsoft’s partnership with ChatGPT maker OpenAI is under scrutiny from antitrust regulators in the UK and the United States. The UK Competition and Markets Authority said it will review whether to launch a merger probe of Microsoft’s investment in OpenAI to see if it could hurt UK competition. The FTC has begun a similar inquiry, according to a report. Read more.

Microsoft said last month it would take a non-voting position on the board of OpenAI, following a dramatic boardroom battle that saw the sudden ouster and return of CEO and founder Sam Altman. Microsoft, which owns 49% of the for-profit subsidiary of the startup, has committed to investing more than $10 billion in OpenAI.

More top news:

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Week in review …

REUTERS/Jane Rosenberg

Trump’s legal woes

Donald Trump is readying for what may be his best shot at avoiding spending much of next year in a courtroom facing criminal charges of trying to overturn his 2020 election defeat. The former president indicated that he would appeal a U.S. judge’s ruling said that he does not have immunity in the federal case accusing him of unlawful actions in seeking to overturn his loss in the 2020 U.S. election … Nevada charged six Republican fake electors in connection with a scheme to overturn Trump’s loss 2020 election … Colorado’s highest court heard arguments on whether the U.S. Constitution allows Trump to be disqualified from the state’s ballot next year over his role in the Jan. 6, 2021, attack on the U.S. Capitol … U.S. prosecutors trying Trump on charges of trying to overturn his 2020 election defeat will seek to show evidence of the former president’s claims about voter fraud in 2012 and 2016 … And here are key dates in Trump’s legal and political schedule.

Workplace bias

A bipartisan group of U.S. lawmakers reintroduced a bill that would make it easier for older workers to prevail in age discrimination lawsuits … Several U.S. Supreme Court justices expressed concerns about applying the federal law banning workplace discrimination to job transfers … Edward Blum’s American Alliance for Equal Rights dropped its lawsuit challenging Winston & Strawn’s fellowship program designed to foster diversity after the firm altered its application criteria … A 4th Circuit panel sounded likely to mostly uphold a $4 million award for a white male former healthcare executive who claimed he was fired so hospital operator Novant Health could further its diversity goals … A judge on a 9th Circuit panel said a lower court made a “legal error” in tossing out a lawsuit claiming Uber’s policy of terminating drivers with low passenger ratings is racially discriminatory.

A Louisiana-based author sued Netflix and screenwriter Adam McKay over claims that McKay copied his dark-comedy novel in the Academy Award-nominated 2021 film “Don’t Look Up” … Disney’s Marvel settled its legal fight with the estate of artist Steve Ditko over rights to the iconic superheroes Spider-Man and Doctor Strange … Elon Musk’s X Corp asked a federal court to dismiss a trademark-infringement lawsuit brought by a legal-marketing agency over its use of the letter “X” … Purdue University won $32.5 million in damages from chipmaker STMicroelectronics … Generic drugmaker Emcure Pharmaceuticals convinced a federal court to dismiss a lawsuit that accused it of stealing trade secrets from biopharma company HDT Bio to develop a COVID-19 vaccine … The Federal Circuit threw out a $2.18 billion patent infringement award won by patent owner VLSI Technology against Intel.

Lawyers in the news

Apple’s former top corporate lawyer was sentenced to four years of probation after pleading guilty last year to U.S. insider trading charges … Johnson & Johnson asked a federal judge to kick a leading plaintiffs’ firm off the mass tort litigation over its talc products, saying that one of its partners teamed up with a former J&J lawyer … Law firm Anderson Kill wants to disqualify a lawyer representing its former CFO in an employment lawsuit … A British litigation funder lost a dispute against the founders of a U.S. law firm over the sale of their San Francisco Bay mansion.

Coinbase arbitration win deepens appellate divide on threshold issue

The 9th Circuit ruled on Tuesday that plaintiffs who are challenging delegation provisions in arbitration contracts can use the same legal theories that they are asserting to contest entire arbitration agreements. That holding arguably deepens a split among the circuits on the framework for challenging these key provisions, although a dissenting judge said the majority was overstating the divide. Alison Frankel has an analysis.

Check out other recent pieces from all our columnists: Alison Frankel, Jenna Greene and Hassan Kanu

In other news …

Israel escalates Gaza strikes. The UN says nowhere in the enclave is safe … The U.S. told the UN it does not support the call for Gaza ceasefire … Ukrainian troops train in Poland for harsh winter warfare … Putin will seek another six years in the Kremlin. An election victory is widely assumed to be a foregone conclusion … Russians and Belarusians will participate at the Paris Olympics as neutrals … Here’s how heat fueled extreme weather across the world in 2023 … A bakery ‘prison’ was uncovered in Pompeii … And take a look at our oddest photos of the week.