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In a first-of-its-kind program, law school graduates who fall just short of passing Arizona’s bar exam will soon have the option to become licensed attorneys after spending two years working under the supervision of an experienced lawyer in a rural area or in a government or non-profit law setting, our colleague Karen Sloan reports.
The Supreme Court of Arizona established the program to bolster the number of lawyers practicing in the state’s “legal deserts” and to help prosecutors, public defenders, and legal aid offices recruit and retain attorneys. The program will also encourage would-be lawyers to stay in Arizona instead of leaving to practice in states with lower bar exam passing scores, or delaying the start of their careers as they retake the licensing exam, the court said.
“The dearth of legal professionals negatively impacts not only access to justice and the effective operation of the justice system, including speedy case resolution, it also reduces economic growth,” the state’s high court said in the order establishing the program, which noted that Arizona ranks 49th out of 50 states in lawyers per capita.
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- An Arkansas lawyer sued plaintiffs’ law firm Morgan & Morgan, accusing it of unfair and deceptive advertising practices that harm his own business. Morgan & Morgan runs advertisements with “dramatizations” and testimonials from clients in violation of state attorney professional conduct rules, the personal injury lawyer alleged. The firm called the lawsuit “meritless.”
- Snap CEO Evan Spiegel must submit to a deposition in a lawsuit by the victim of a 2015 car crash accusing the social company of encouraging reckless driving with a filter that displayed users’ speeds on their Snapchat social media posts. A Georgia state judge ruled the deposition was warranted because Spiegel is one of two people still at the company involved in creating the speed filter and the sole person who approved its eventual removal.
- Florida will switch to the new version of the bar exam in July 2028, making it the largest bar exam jurisdiction so far to unveil its plans for the updated attorney licensing test. The Texas Supreme Court recently asked for public comments on its plans to start using the NextGen bar exam.
- Disbarred plaintiffs attorney Tom Girardi and the chief financial officer of his former law firm will be tried separately for allegedly stealing millions of dollars in client settlement funds, U.S. District Judge Josephine Staton ruled. Girardi also lost his bid to push his trial to October. He and Christopher Kamon, ex-CFO of the now-defunct firm Girardi Keese, have pleaded not guilty.
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That’s how much lawyers at Robbins Geller and Labaton said they should be awarded in legal fees for their work on a $490 million securities class action settlement with Apple. Our colleague David Thomas in a new Legal Fee Tracker report looks at the fee bid, which would be 25% of the settlement fund and amount to about $3,100 an hour for the 65 lawyers and staffers who devoted 39,500 hours to the case. The firms said the settlement was the third-largest deal of its kind in the Northern District of California, and one of the 40 largest settlements in a securities class action. But the 25% benchmark is not automatic, as the latest Legal Fee Tracker shows.
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If a company makes false claims about its products on the front of its packages, can it successfully defend itself by pointing to the small print on the back label? The 9th Circuit said no back in 2008, in a decision that essentially held consumers can’t reasonably be expected to scrutinize back labels to be sure that sellers aren’t lying to them on the front of the package. Then last year, the court seemed to narrow its longstanding precedent, ruling that back-label small print can, in fact, shield defendants in some false advertising cases. But in a decision this week in a dispute over Huggies “plant-based” baby wipes, the 9th Circuit clarified that last year’s exception was not meant to swallow 2008’s rule. Alison Frankel explains.
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“The evidence here clearly demonstrates … a repudiation of the permanent felon disenfranchisement of free persons.“
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- Former Hollywood movie mogul Harvey Weinstein is due back in New York state court, after a hearing earlier this month at which prosecutors said they were probing “additional violent sexual assaults” they say he committed and intend to seek a new indictment. Weinstein was sentenced to 23 years in prison on previous charges, but the New York Court of Appeals in April said the trial judge made a critical mistake by allowing three women to testify about alleged sexual assaults by Weinstein that were not part of the criminal charges against him. Weinstein has denied having non-consensual encounters with anyone.
- U.S. District Judge Matthew Kennelly in Chicago will weigh the fairness of hundreds of millions of dollars in settlement funds from major U.S. schools accused of short-changing financial aid for students and favoring wealthy applicants for admission. Among other schools, Brown, Yale and Columbia agreed to pay a combined $62 million. The proposed class action on behalf of some 200,000 current and former college students was filed against 17 prominent colleges and universities. The schools have all denied any wrongdoing.
- A 9th Circuit panel will take up an appeal from Google Chrome browser users accusing the tech giant of violating their privacy rights. The plaintiffs, represented by Gupta Wessler and other firms, contend Google deceptively collected and used personal information regardless of whether or not a person had “synced” their Google account with their browser. Google’s lawyers at Quinn Emanuel argue the plaintiffs consented to the company’s privacy policy. They’ve asked the court to uphold the lower judge’s summary judgment order against the plaintiffs.
- In San Francisco, consumer attorneys and lawyers for Apple at Gibson Dunn will face off at a discovery dispute in a long-running antitrust action accusing the tech giant of monopolizing the app market for its iPhones. The dispute focuses on the plaintiffs’ demand for data from Apple as part of their bid to identify members of the class. Plaintiffs’ firm Wolf Haldenstein represents the class, which is seeking more than $7 billion in damages. A trial in the case is scheduled for 2026. Apple has denied any wrongdoing.
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Court calendars are subject to last-minute docket changes.
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- President Joe Biden’s son, Hunter Biden, asked two U.S. judges to throw out his criminal convictions on gun charges and tax evasion based on an argument that the special counsel prosecuting him was unlawfully appointed. Biden’s lawyers cited a judge’s decision to dismiss the criminal case accusing Donald Trump of illegally retaining classified documents after leaving office.
- Subscribers to the National Football League’s Sunday Ticket telecasts who claimed they were overcharged have urged a judge in California to affirm a $4.7 billion jury verdict they won last month after the league asked the court to toss the award or hold a new trial. Lawyers for the class action plaintiffs argued that the evidence at trial justified the verdict and amount.
- U.S. District Judge Paul Engelmayer in Manhattan dismissed much of the SEC’s lawsuit accusing software company SolarWinds of defrauding investors by hiding security weaknesses before and after a massive cyberattack targeting the U.S. government. Still, the judge said the SEC can pursue a securities fraud claim based on a statement on SolarWinds’ website prior to the so-called Sunburst attack about the company’s cybersecurity practices.
- The 9th Circuit will revisit whether federal law can ban felons from owning firearms. The appeals court vacated an earlier ruling that struck down the ban, prompting Trump-era U.S. Circuit Judge Lawrence VanDyke to claim in a dissent that his “Left Coast” colleagues want to “subvert” the U.S. Supreme Court’s rulings that have expanded gun rights.
- U.S. District Judge Paul Oetken in Manhattan refused to halt New York City’s crackdown on unlicensed sellers of cannabis, citing public safety concerns. The judge said 27 cannabis sellers whose businesses were shut down were unlikely to succeed on their claim that the closures violated their due process rights under the 14th Amendment.
- Ye, the musician formerly known as Kanye West, was sued in a California federal court for allegedly misusing other artists’ music in two songs from his 2021 album “Donda” without permission. Artist Revenue Advocates said in the lawsuit that Ye did not pay a group of musicians for using their track in the songs “Hurricane” and “Moon.” Representatives for Ye could not be reached for comment.
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Correction:
An Industry Buzz item in The Daily Docket’s July 18 edition misstated an outstanding balance related to Rudy Giuliani’s bankruptcy. He owes bankruptcy expenses of about $350,000 to creditors.
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