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Kirsty Wigglesworth/Pool via REUTERS
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The SEC and Elon Musk’s lawyers at Quinn Emanuel are set to face off in a California court today over the billionaire’s refusal to sit down and talk with the agency for its probe of his $44 billion takeover of Twitter, Chris Prentice reports. Musk last year purchased the social media giant, which he renamed X. The case marks the latest spat in a years-long feud between Musk and the securities regulator.
U.S. Magistrate Judge Laurel Beeler in San Francisco will hear the agency’s effort to force Musk to testify in the regulator’s investigation. The agency is looking into whether Musk followed the law when filing the required paperwork with the agency about his purchases in Twitter stock, and whether his statements in relation to the deal were misleading.
Musk’s legal team, including Alexander Spiro, will argue that the SEC’s subpoena exceeds the agency’s investigative authority and seeks “irrelevant evidence.” Several former SEC officials have said the SEC was likely to prevail. In a separate case, Musk is fighting an SEC consent decree that he has called a “muzzle” on his speech rights.
That case arrived at the U.S. Supreme Court days ago.
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- U.S. District Judge James Donato, an alum of law firms Shearman & Sterling and Cooley, could rewrite the future of Google’s app business when he issues an injunction in the antitrust case that Epic Games lodged against the Alphabet unit. Donato is a competition law expert who once represented technology companies and other defendants in antitrust cases.
- The FCC approved a rule setting stringent new requirements on so-called lead generators, which attorneys have said is likely to spur many more lawsuits filed over unwanted texts or calls.
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That’s the number of law schools out of 197 ABA-accredited institutions that have been cleared this year to use JD-Next in admissions instead of the LSAT. The JD-Next program is an 8-week series of online legal courses that culminates in an exam. A growing number of law schools are experimenting with programs that don’t rely on the LSAT, our colleague Karen Sloan reports. Those schools are hopeful the effort will broaden applicant pools and bolster diversity.
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- Students for Fair Admissions, the group that successfully challenged race-conscious college admissions policies at the U.S. Supreme Court, will seek a preliminary injunction in Maryland federal court against the U.S. Naval Academy over its consideration of race in student admissions. The organization, founded by affirmative action opponent Edward Blum, filed a federal lawsuit against the Navy school weeks after it launched a similar case against the U.S. Military Academy at West Point. U.S. District Judge Richard Bennett in Baltimore will hear arguments.
- Former pharmaceutical executive Martin Shkreli will ask the 2nd Circuit to overturn a judge’s decision banning him from the pharmaceutical industry for life and requiring him to pay $64.6 million after raising the price of the anti-parasitic drug Daraprim and fighting to block generic competitors. U.S. District Judge Denise Cote in Manhattan imposed the ban last year after the FTC and seven states accused Shkreli of using illegal tactics to keep Daraprim rivals off the market. Sher Tremonte’s Kimo Peluso will argue for Shkreli, facing off against the FTC’s Bradley Grossman.
- Also in the 2nd Circuit, Michael Cohen, the former lawyer and fixer for Donald Trump, will ask a panel to revive his lawsuit accusing Trump, former U.S. Attorney General William Barr and others of returning him to prison in retaliation for writing a tell-all memoir. U.S. District Judge Lewis Liman in Manhattan last year reluctantly rejected Cohen’s claims that putting him in solitary confinement conditions for 16 days violated his free speech rights and other constitutional protections.
- Charles McGonigal, a former FBI official who pleaded guilty in August to working for sanctioned Russian oligarch Oleg Deripaska, is expected to be sentenced in Manhattan federal court. Prosecutors, seeking a five-year prison term, said McGonigal received concealed payments from Deripaska in exchange for investigating a rival businessman, and in 2019 unsuccessfully pushed to have Deripaska’s sanctions lifted. McGonigal should not serve a prison sentence, his defense lawyers at Bracewell contend.
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Court calendars are subject to last-minute docket changes.
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- Based on what the judges said at oral arguments in lawsuits challenging the laws, the New Mexico Supreme Court appeared poised to block several local ordinances that aim to restrict distribution of the abortion pill. However, the high court appeared unlikely to rule that the state’s constitution includes a right to abortion.
- Donald Trump cannot assert presidential immunity from a defamation lawsuit by writer E. Jean Carroll, who accused him of rape, the 2nd Circuit said. Alina Habba, one of Trump’s attorneys, said he would seek “immediate review” from the U.S. Supreme Court.
- David Steiner and Ina Steiner may move forward with a lawsuit that seeks to hold former eBay CEO Devin Wenig and others responsible for a campaign the e-commerce company’s employees carried out to harass and stalk them, a federal judge ruled. The Steiners filed their lawsuit after the criminal prosecution of several former eBay employees.
- Farmworker and environmental advocacy groups petitioned the EPA to immediately suspend and cancel the federal government’s approval for the herbicide glyphosate, the active ingredient in Monsanto’s Roundup weed killer.
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- Hinshaw & Culbertson picked up privacy and cybersecurity partner Cathy Mulrow-Peattie in New York. Mulrow-Peattie was previously at Loeb & Loeb. (Hinshaw)
- Intellectual property attorney Alfonso Chan has left McKool Smith to join King & Spalding in Austin as a partner in the firm’s trial and global disputes practice group. (King & Spalding)
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