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Donald Trump will try to persuade the U.S. Supreme Court this week to reverse a judicial decision to kick him off the Colorado ballot over claims he incited the Jan. 6, 2021, attacks on the U.S. Capitol. His lawyers are expected to argue that the constitutional provision that his opponents cite does not apply to him as a former president, write Andrew Chung and John Kruzel.
The arguments give Trump a chance to test at the high court a version of a claim he’s made in several of the civil and criminal cases he faces: He is formally immune or otherwise not subject to these legal challenges.
At the arguments on Thursday, the Supreme Court will confront novel questions when it reviews the Colorado Supreme Court’s decision that Trump is disqualified from the presidency under Section 3 of the 14th Amendment, which bars any “officer of the United States” who “engaged in insurrection” from holding public office. Trump contends that the president is not an “officer of the United States.”
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- Harvard Law this fall will begin offering full-tuition scholarships to some lower-income students, following similar moves at Yale and Stanford.
- U.S. aviation executive Farhad Azima has settled his London lawsuit against Dechert over its alleged involvement in the hacking of his emails in a deal that could be worth up to $15 million, his spokesperson said. A spokesperson for Dechert said the firm agreed to settle without any admission of liability, adding that the settlement with Azima was for 3 million pounds ($3.8 million) “plus Mr Azima’s reasonable costs which have yet to be agreed.”
- David Lira and Christopher Kamon, two former members of disbarred California attorney Tom Girardi’s defunct law firm who are facing charges of misappropriating millions in client funds, will go to trial in Chicago federal court in March 2025. A judge put Girardi’s own criminal case on hold.
- Fulton County, Georgia District Attorney Fani Willis, the prosecutor trying Donald Trump for attempting to overturn his 2020 election defeat, acknowledged having a relationship with another lawyer on the case but rejected an effort by the former president to have her removed from the case over it.
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That’s the total number of legal sector jobs as of January, marking a loss of 4,400 jobs after reaching an all-time employment high last year, according to new U.S. Labor Department data. The U.S. Bureau of Labor Statistics said legal jobs hit a record total of 1,192,200 in December. The count includes a range of legal workers at law firms, companies and other organizations of all sizes, including paralegals and assistants, but the majority are lawyers. The largest law firms in the United States appear to have slowed hiring amid relatively flat client demand.
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“A doctor’s guilt depends purely on his subjective beliefs. “
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—Beau Brindley, a lawyer for Virginia doctor Joel Smithers, after Smithers’ conviction and 40-year prison sentence were overturned by the 4th Circuit. Smithers was convicted of unlawful opioid prescription practices after prosecutors said he prescribed controlled substances including fentanyl, oxycodone and oxymorphone to every patient he saw. The court threw out the conviction after finding that the jury had been improperly instructed, in light of a recent U.S. Supreme Court opinion that said the crime of prescribing controlled substances required a defendant to “knowingly or intentionally” act in an unauthorized manner.
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- On Monday, private equity and hedge fund trade groups are scheduled to urge the 5th Circuit to reverse sweeping new rules the SEC has said will increase transparency and competition in the private funds industry. The changes require private funds to issue quarterly fee and performance reports and to perform annual audits. The Managed Funds Association said the rules will increase costs for investors and curb competition.
- Also on Monday, U.S. District Judge Mark Pittman in Fort Worth, Texas, will seek an update from Exxon about what claims or issues are left to resolve in the energy company’s lawsuit against an activist shareholder group that had planned to present a climate resolution at a shareholder meeting in May. Exxon last week said Follow This and activist investment firm Arjuna Capital had withdrawn the resolution.
- On Tuesday, a U.S. judicial panel will hold a public hearing on a proposed new rule that would govern how judges organize the initial stages of federal mass tort cases and encourage parties to exchange information about their claims and defenses early in the process. The federal judiciary’s Advisory Committee on Civil Rules in March voted in favor of publishing a draft rule for public comment that would apply to federal multidistrict litigations across the country.
- On Wednesday, the Florida Supreme Court will hear oral arguments over a proposed constitutional amendment to protect abortion rights, which received enough signatures of support to go before voters in November’s election. The court could block the measure from appearing on the ballot if it accepts the state attorney general’s argument that its language is overly broad and open-ended.
- On Thursday, the D.C. Circuit will hear a case by broker-dealer Alpine Securities arguing the Financial Industry Regulatory Authority’s structure is unconstitutional. The company has argued that FINRA, a private organization with the power to discipline its members, is a governmental body that should be subject to constitutional restrictions. Cooper & Kirk’s Brian Barnes will argue for Alpine, and Amir Tayrani of Gibson Dunn will argue for FINRA.
- On Friday, U.S. District Judge Dennis Saylor in Boston will hold a hearing after the 1st Circuit revived a $10 billion lawsuit by Mexico seeking to hold American gun manufacturers responsible for facilitating the trafficking of weapons to drug cartels across the U.S.-Mexico border. The country’s U.S. lawyer in the case, Steve Shadowen, called the appeals court decision “an important step forward in holding the gun industry accountable.”
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Court calendars are subject to last-minute docket changes.
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- The Boston-based 1st Circuit will fast-track the appeal that JetBlue and Spirit filed in their bid to reverse a lower court ruling that blocked their $3.8 billion merger. The appeals court said it expects to hear arguments in June.
- Florida will not be allowed to enforce its effort to ban Chinese citizens owning homes or land in the state against two Chinese nationals who were in the process of buying property when the law was adopted. An 11th Circuit panel said the individuals were likely to prevail on claims that the provision violates a federal law governing real estate purchases by foreign nationals.
- Expedia lost its bid to dismiss an antitrust lawsuit from bankrupt hotel booking platform Amoma, which accused its rival of running it out of business. Amoma, represented by plaintiffs’ firm Keller Rohrback, said it was valued at more than $100 million when it declared bankruptcy in 2019. Expedia’s team includes Covington’s Thomas Barnett.
- Tesla will pay $1.5 million to settle a lawsuit filed by 25 California counties earlier this week accusing the electric vehicle maker of mishandling hazardous waste at its facilities across the state. The settlement was approved just two days after the counties sued Tesla, claiming it had improperly labeled waste at its facilities across the state and had sent hazardous materials to landfills that cannot accept such materials.
- Tobacco giants Philip Morris and British American Tobacco said they agreed to resolve a multitude of ongoing patent infringement disputes relating to their cigarette alternatives. The cigarette makers had been fighting a multifront patent dispute that has hurt both sides.
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- Arnold & Porter Kaye Scholer hired a seven-lawyer team, including six partners, from rival firm Bryan Cave Leighton Paisner. Eric Prezant, Donal O’Brien, Karl Marschel and Brandon Neuschafer joined as partners in Chicago. ( Reuters)
- Troutman Pepper added D.C.-based energy regulatory partner Donna Byrne from Steptoe. (Troutman Pepper)
- Reed Smith brought on Luis Fortuño, the former governor of Puerto Rico, as a partner in D.C. and Miami, in addition to international disputes partner Juliya Arbisman in New York and London. They arrive from Steptoe. (Reed Smith)
- Benesch picked up energy partners Hanna Conger and John Rooney in Chicago. They most recently were at Jenner. (Benesch)
- Duane Morris brought on James Billingsley in Dallas as a partner in the firm’s business reorganization and financial restructuring practice. He was previously at Polsinelli. (Duane Morris)
- Nelson Mullins brought on Chicago-based commercial litigation partner David Ogles from Fox Swibel Levin & Carroll. (Nelson Mullins)
- FisherBroyles brought on commercial and IP litigation partner Matthew Wawrzyn in Chicago. He arrives from Wawrzyn LLC, where he was founding partner. (FisherBroyles)
- U.K.-founded firm Kennedys brought on seven lawyers in New York and New Jersey, including partner Jay Hamad from Marshall Dennehey. (Kennedys)
- Neal Gerber Eisenberg hired labor and employment partner Jonathan Ksiazek in Chicago. He arrives from Robbins DiMonte. (Neal Gerber Eisenberg)
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