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If student A is taking the LSAT next month, and A is sitting behind B but not in the same row as C, which of them is answering the exam’s dreaded “logic game” questions for the last time?
Answer: D, all of the above, reports our colleague Karen Sloan.
The LSAT’s next round of testing June 5-8 will include for the last time the so-called logic games on the standardized exam to get into U.S. law schools, marking an end to the mind-bending rite of passage for aspiring lawyers. The Law School Admission Council, which develops and administers the LSAT, is eliminating logic games from the exam in August following a 2019 settlement with two blind LSAT takers who claimed the analytical reasoning section of the test—the official name for logic games—violated the Americans with Disabilities Act.
Test prep experts say that an LSAT without the notorious logic games doesn’t necessarily equate to an easier test, noting the section is where many people see the biggest and fastest score gains after practicing them.
“Some people have accelerated their prep to take advantage of the last logic games test,” said Killoran, adding that registrations for the upcoming test are unusually high. “June is the devil we all know. August is unknown territory. That scares a lot of people.”
Read what lawyers Robert Kaplan, Neal Katyal and Jay Edelson have to say about the end of logic games.
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- FTX’s bankruptcy lawyers at Sullivan & Cromwell were not complicit in the fraud that caused the crypto company to collapse, a court-appointed examiner concluded. FTX creditors and investors had accused the company’s lawyers at Sullivan & Cromwell of failing to stop the fraud at the company while maneuvering for a lucrative position as primary bankruptcy counsel, but an independent investigation by former prosecutor Robert Cleary found no evidence that the law firm knew about the fraud when it performed pre-bankruptcy work.
- The DOJ’s lawsuit with a group of 30 states accusing Live Nation of monopolizing concert tickets and promotions includes Bonny Sweeney, a longtime former plaintiffs’ lawyer who joined the Biden administration as it was ramping up antitrust enforcement. Live Nation and Ticketmaster have turned to teams of lawyers from Latham and Cravath to defend against the lawsuit.
- Biden announced four new judicial nominees, including a sitting judge’s daughter who would serve on the same U.S. appeals court. They include Julia Lipez, a Maine state court judge for the 1st Circuit; Tennessee lawyer Karla Campbell for the 6th Circuit; Catherine Henry for the Eastern District of Pennsylvania; and Mary Kay Lanthier for the District of Vermont.
- Republican U.S. Senator Steve Daines of Montana said he will oppose Biden’s pick who would have become the first Native American to serve as a federal district court judge in his home state, likely dooming her nomination. A spokesperson for Daines said he has decided not to return a “blue slip” that would allow Danna Jackson, the tribal attorney for the Confederated Salish and Kootenai Tribes, to be considered by the Senate Judiciary Committee.
- Former Texas bankruptcy judge David Jones asked law firm Jackson Walker to make a “potentially misleading or untruthful” statement to downplay his romantic ties with one of its partners, a relationship which later prompted his resignation, the firm said in a court filing.
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That’s how much Norfolk Southern agreed to pay in past government cleanup costs, as well as millions in future costs, to resolve a U.S. government lawsuit over a 2023 train derailment in East Palestine, Ohio, court documents show. The railroad will also pay a $15 million civil penalty under the proposed consent decree, under which it agreed to make significant safety improvements, install additional safety equipment, improve training and to pay for medical monitoring for health impacts tied to the derailment and release of hazardous chemicals. Norfolk Southern will also reimburse EPA for future response costs under the proposed agreement.
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When Philips Respironics in 2021 recalled millions of devices for treating sleep apnea, the company warned users of potential ill effects including kidney and liver damage in connection with foam used in the CPAP machines. Yet those claims aren’t eligible for compensation under a $1.1 billion settlement. Jenna Greene looks at why not, and how tricky it can be to draw a line between exposure and illness in toxic tort cases that involve thousands of people but have no “signature” injury. Read more.
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“Go right ahead, this court says to states today.“
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—Supreme Court Justice Elena Kagan, who authored a dissent after the high court in a 6-3 decision made it harder to prove racial discrimination in electoral maps in a major ruling backing South Carolina Republicans who moved out 30,000 Black residents when they redrew a congressional district. Kagan and the other liberal justices, who joined the dissent, said the court was sending a stark message to state legislators and mapmakers who often have incentives to use race to achieve partisan ends or to suppress the electoral influence of racial minorities.
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- Exiled Chinese businessman Miles Guo’s fraud trial is expected to kick off in Manhattan with an opening statement from prosecutors, who say he conned investors and customers out of more than $1 billion through a fraudulent business empire. Guo, who is known by several names including Guo Wengui, Miles Kwok and Ho Wan Kwok, has been jailed in Brooklyn since his March 2023 arrest.
- A federal judge in Boston will hold a hearing after a 1st Circuit panel in April revived a lawsuit accusing Whole Foods Market of illegally firing a worker who refused to remove a facemask that said “Black Lives Matter” during the COVID-19 pandemic and complained about alleged racism by the company. The appeals court returned the case to U.S. District Judge Allison Burroughs, who dismissed all of the plaintiffs’ claims in January 2023.
- Legal teams for Hunter Biden and federal prosecutors will meet before a U.S. judge in Wilmington, Delaware, to discuss logistics and outstanding issues ahead of the June trial of President Joe Biden’s son on gun charges. Hunter Biden is charged with three felonies in Delaware related to lying about his use of illegal drugs when he purchased a firearm in 2018. He faces up to 25 years on the gun charges. He has pleaded not guilty.
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Court calendars are subject to last-minute docket changes.
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- Alphabet’s Google and “Fortnite” maker Epic Games faced off in a U.S. court as a judge is weighing how Google could be forced to open its lucrative app store Play to greater competition. Epic asked U.S. District Judge James Donato in San Francisco to order Google to let Android developers offer users more payment options without interference from the tech giant. Epic also wants to be allowed to bring competing app stores — including its Epic Games Store — to Android “without delays and barriers.”
- Chipmaker Micron Technology owes computer-memory company Netlist $445 million in damages for violating Netlist’s patent rights in memory-module technology for high-performance computing, a U.S. jury in Texas said. Jurors agreed with Netlist that Micron’s semiconductor-memory products infringe two Netlist patents related to technology for improving the capacity and performance of memory modules.
- Warner Bros is facing a lawsuit from a British actor who voiced a toy version of the Sorting Hat from the “Harry Potter” series after the entertainment company allegedly misused his voice recordings. Marc Silk’s company told the U.S. District Court for the Central District of California in the complaint that Warner infringed his copyrights by featuring his voice lines in other Potter-related toys, ads and attractions without paying him.
- A coalition of U.S. business groups has filed a lawsuit seeking to block a Biden administration rule that would extend mandatory overtime pay to 4 million workers, saying it goes too far. The groups filed a complaint in Sherman, Texas, federal court claiming the Labor Department lacked the power to adopt the rule and that it would force businesses to cut jobs and limit workers’ hours.
- A former DraftKings executive has asked the 1st Circuit to overturn a judge’s order last month that severely restricted the type of work he could do after he joined sports betting rival Fanatics. Michael Hermalyn, who moved to California prior to joining Fanatics on Feb. 1 as the president of its VIP program, denies stealing trade secrets, and in the filing argued his non-compete agreement is unenforceable in his new home state.
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- Boies Schiller Flexner hired IP litigation partners Ryan Dykal, Jordan Bergsten and Mark Schafer in D.C. The trio previously was at Shook Hardy. (Boies Schiller)
- Former California Department of Industrial Relations’ Division of Occupational Safety and Health attorney Melissa Peters joined Nixon Peabody’s labor and employment practice as a partner in San Francisco. (Nixon Peabody)
- DLA Piper added corporate partner John Hutar in Palo Alto from Goodwin. (DLA Piper)
- Womble Bond Dickinson brought on New York-based capital markets partner Louis Froelich. He previously was at hedge fund Two Sigma. (Womble)
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The rise of environmental, social, and governance (ESG) considerations presents both opportunities and challenges for retail owners and operators grappling with constantly evolving consumer preferences and market trends, write Liz Goldberg, Franco Corrado and Molly Moriarty Lane of Morgan Lewis. Understanding and navigating the potential for ESG class actions in the U.S. retail sector is essential to protecting reputation and maintaining consumer trust.
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