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Good morning. The elite U.S. Naval Academy defeated an early bid to block its race-conscious admissions policy, and a judge next week will hear a similar case against West Point. Plus, a judge ruled tentatively for the SEC in a fight with Elon Musk; the U.S. Supreme Court won’t block Illinois’ assault rifle ban; and Britain’s Prince Harry is set to learn today whether he has won his phone-hacking lawsuit. Is it really Friday already? Thanks for reading!
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Graduation ceremony for the U.S. Naval Academy’s Class of 2021. REUTERS/Kevin Lamarque
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Students for Fair Admissions lost its bid for a preliminary injunction that would have barred the U.S. Naval Academy in Maryland from considering race when evaluating candidates to attend the elite military school, our colleague Nate Raymond reports. The organization seeking the injunction was founded by conservative activist Edward Blum, who has led legal attacks on affirmative action programs in higher education and law firms.
U.S. District Judge Richard Bennett in Baltimore issued his order from the bench after a lengthy hearing in the lawsuit from Students for Fair Admissions, which successfully challenged race-conscious college admissions policies before the U.S. Supreme Court. Bennett, an appointee of Republican former President George W. Bush, said the group had failed to show it would likely succeed in proving that the consideration of race was discriminatory and a violation of equal protection rights.
DOJ lawyer Joshua Gardner argued that the military had good reason to use admissions to foster a diverse officer corps that can lead to an increasingly diverse fighting force, Raymond writes. A lawyer for SFFA, Cameron Norris, in court indicated an appeal was possible. A federal judge in New York is scheduled to hear arguments on Dec. 21 in a similar lawsuit that Blum’s group filed against the U.S. Military Academy at West Point.
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- Plaintiffs’ firm Edelson PC said it is pulling out of upcoming recruiting events at Harvard Law School in protest of Harvard University President Claudine Gay’s testimony last week to a U.S. House committee regarding campus antisemitism. Gay drew criticism over some of her responses to questions. A Harvard Law spokesperson declined to comment.
- Dentons’ longtime leader Elliott Portnoy said the 5,900-attorney law firm would maintain its aggressive international growth strategy when he leaves his post as global CEO next November. Portnoy, who said he would not seek another three-year term, promised “business as usual.”
- A former paralegal for Saul Ewing pleaded guilty in Chicago federal court to embezzling more than $600,000 from the U.S. law firm’s bankruptcy estate accounts. Sentencing is scheduled for April 2.
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That’s the number of grizzly bears struck and killed by trains on BNSF rail lines in northwestern Montana and northern Idaho since 2008, according to a lawsuit that conservation groups filed against the freight transportation giant. The WildEarth Guardians and Western Watersheds Project said BNSF has not received federal permits required under the Endangered Species Act that would allow for the accidental harm or killing of the bears. Roughly 1,100 grizzlies are estimated to live in recovery habitats in the area.
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For the second time in the last 12 months, the prominent and prolific antitrust plaintiffs lawyer Steve Berman of Hagens Berman Sobol Shapiro has been denied temporary admission to practice before a California judge. Alison Frankel has the story on why U.S. District Judge Jeffrey White said Berman — who, by his own count, has appeared in 74 cases in federal court in California — doesn’t qualify for pro hac vice admission.
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“We would all agree that your client was a major, major threat to the public.“
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—Judge Barrington Parker Jr of the 2nd Circuit, commenting on former pharmaceutical executive Martin Shkreli, who is seeking to overturn a U.S. judge’s order imposing a lifetime ban on his participation in the drug industry following a trial last year on claims Shkreli sought to curb generic drug competition. Shkreli famously gained notoriety for bumping up the price overnight of the life-saving drug Daraprim by 4,000%. Shkreli’s lawyer argued the ban was too broad, but the panel was skeptical.
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- Britain’s Prince Harry will find out whether he has won his phone-hacking lawsuit against publisher Mirror Group Newspapers (MGN), a case in which he gave evidence earlier this year, court officials said. The prince, who became the first senior British royal for 130 years to appear as a witness in court at the trial in June, is suing MGN, the publisher of the Daily Mirror, Sunday Mirror and Sunday People, at London’s High Court. MGN has said the accusations were not supported by the evidence.
- U.S. District Judge Susan Illston in San Francisco will hold an initial hearing in a series of civil cases accusing law firm Orrick of failing to adequately safeguard personal information. Orrick is facing claims over a March 2023 data breach that allegedly compromised the personal information of more than 152,000 people. Law firms and other legal service providers that hold sensitive and confidential data have increasingly faced cybersecurity attacks involving their clients’ data and their own business information.
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Court calendars are subject to last-minute docket changes.
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- Virginia’s highest court revived a lawsuit by a high school French teacher who was fired for refusing on religious grounds to use a transgender student’s preferred pronouns. The Virginia Supreme Court said the teacher can pursue claims that a local school board violated his rights under the state Constitution to free exercise of religion.
- Donald Trump lost his bid to overturn a gag order restricting him from publicly talking about court staff in his New York civil fraud trial. The judge overseeing the case issued the gag order after the former U.S. president shared on social media a photo of the judge’s law clerk posing with U.S. Senate Majority Leader Chuck Schumer.
- White & Case is representing discount e-commerce platform Temu in a new lawsuit against rival Shein that alleges copyright and antitrust violations. The case in D.C. federal court marked the latest legal skirmish between the two companies.
- The 1st Circuit upheld the convictions of two former executives of medical device maker Acclarent for distributing a product for unapproved uses. The court rejected arguments by lawyers for William Facteau and Patrick Fabian that their convictions violated their free speech and due process rights.
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- Seyfarth Shaw added New York-based partners Scott Morvillo and Ellen Murphy from Stroock. They focus on securities and financial litigation. (Seyfarth)
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Frost Brown Todd partner William Morriss looks at how efforts to apply current law to protect AI-generated material have exposed a variety of legal issues. Here’s a look at some of them.
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