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Good morning. We’re coming up on the one year mark since the U.S. Supreme Court overturned Roe v. Wade, and we’re taking a look at how the ruling has impacted the country – and the abortion battles heating up. Plus, the former dean of Texas Southern law school settles her gender bias lawsuit, Hunter Biden gets a court date, and the FTC’s fight to squash the Microsoft/Activision deal goes before a judge today. Let’s go.
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A year after the fall of Roe
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Saturday marks the year anniversary of the U.S. Supreme Court’s ruling overturning Roe v. Wade and ending the constitutional right to abortion. Access to abortion has changed dramatically in that time – and new battlefronts are still emerging.
Gabriella Borter reports on abortion provider Dr. Alan Braid and his daughter, clinic manager Andrea Gallegos, above, who left their homes in Texas to open new clinics in states that allow the procedure. As clinics in states like Texas – where abortion is banned – shut their doors, a new crop has opened in states with permissive abortion laws.
Meanwhile, a new fight over abortion is likely headed to the U.S. Supreme Court after the 2nd Circuit upheld a New York county’s “buffer zone” law barring anti-abortion activists from approaching people outside abortion clinics, reports Daniel Weissner.
The appeals court cited a 2000 Supreme Court decision that rejected a challenge to a similar law in Colorado, saying it was bound to follow that ruling unless the high court expressly overturned it.
But last year, another appellate court temporarily blocked a Kentucky county’s 10-foot buffer zone, citing a 2014 Supreme Court decision that struck down a Massachusetts law establishing a 35-foot buffer zone around abortion clinics and didn’t mention the 2000 case.
A third appellate court is currently considering a challenge to a 20-foot buffer zone adopted by Harrisburg, Pennsylvania.
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- Law firm Fenwick & West has turned to Gibson Dunn as it faces scrutiny over its role in advising now-bankrupt cryptocurrency exchange FTX and its indicted founder Sam Bankman-Fried. Gibson Dunn partners Nancy Hart and Kevin Rosen, leaders in its law firm defense practice, are representing Fenwick on issues related to FTX, according to sources. (Reuters)
- Legal theories advanced by John Eastman influenced the Jan. 6 attack on the U.S. Capitol by supporters of Donald Trump, according to O’Melveny partner Greg Jacob, a former lawyer for then-Vice President Mike Pence. Jacob testified on the second day of Eastman’s attorney disciplinary trial in Los Angeles. (Reuters)
- Joan Bullock, the former dean of Texas Southern law school, settled her gender bias lawsuit with the university’s board of regents. Bullock in her lawsuit had claimed she was ousted without cause and stripped of a tenured faculty position, even though male deans in the past were allowed to remain on the faculty after their deanships ended. Bullock was among four faculty members given tenure last week. (Reuters)
- Prominent civil rights attorney Sherrilyn Ifill is joining the faculty of Howard University School of Law to start a law and democracy program, said the university. The former president of the NAACP Legal Defense and Educational Fund will hold a new endowed chair named for civil rights activist and lawyer Vernon Jordan. (Reuters)
- Natasha Merle, who works on litigation for the NAACP Legal Defense and Educational Fund, was confirmed to the U.S. District Court for the Eastern District of New York after Vice President Kamala Harris cast the deciding vote in a deadlocked U.S. Senate. Merle is the 100th district court nominee selected by President Joe Biden to secure Senate confirmation. (Reuters)
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“Fittingly, Amazon named that process ‘Iliad,’ which refers to Homer’s epic about the long, arduous Trojan War.“
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- U.S. District Judge Jacqueline Corley in San Francisco is holding a hearing starting today on the FTC’s request for a preliminary injunction to block Microsoft from completing its $69 billion acquisition of Activision Blizzard. Microsoft has argued that if the court grants an injunction it would effectively kill the deal, which has a termination date of July 18 and contains a $3 billion termination fee that Microsoft would have to pay. Microsoft CEO Satya Nadella and Activision Blizzard CEO Bobby Kotick are among the witnesses planned for the five-day hearing.
- U.S. District Judge Elizabeth Hanes will conduct a four-day hearing in Norfolk, Virginia, on Centripetal Networks’ patent lawsuit against Cisco Systems. Centripetal was previously awarded over $2.7 billion in damages by U.S. District Judge Henry Morgan Norfolk, Virginia. But the Federal Circuit vacated and remanded the case after finding Morgan should have recused himself from the case once he learned that his wife owned 100 Cisco shares worth $4,688. The court ordered the case reassigned to another judge, because letting Morgan stay on risked undermining public confidence in the judicial process.
- At noon Eastern, the names of the two people who guaranteed $500,000 bail for indicted U.S. Rep. George Santos will be made public. U.S. District Judge Joanna Seybert in Central Islip, New York, ordered the names to be released after rejecting Santos’ claim that disclosure could threaten the guarantors’ safety. The first-term congressman has pleaded not guilty to a 13-count indictment accusing him of fraud, money laundering and theft of public funds.
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Court calendars are subject to last-minute docket changes.
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- The Pharmaceutical Research and Manufacturers of America, along with the National Infusion Center Association and the Global Colon Cancer Association, sued the U.S. government in federal court in Texas to block the enforcement of a program that gives Medicare the power to negotiate drug prices. It marks the fourth lawsuit challenging the law, which is part of President Joe Biden’s Inflation Reduction Act. (Reuters)
- Alphabet’s Google was hit with a $15.1 million verdict for infringing two of Personal Audio’s patents related to audio software. The Delaware federal jury that delivered the verdict also said that Google infringed the patents willfully, which could lead to a judge increasing the award by up to three times the verdict amount. (Reuters)
- Skechers sued fashion company Steve Madden in Los Angeles federal court, claiming its “Kennie” line of sneakers violate Skechers’ trademark rights in its “S” logos. Skechers has been involved in IP disputes with several other shoe makers including Nike, Adidas and Easy Spirit, as well as brands like Berkshire Hathaway-owned Brooks Sports and Hermes. (Reuters)
- Twitter failed to pay workers millions of dollars in promised bonuses, claims the social media company’s former senior director of compensation in a proposed class action filed in San Francisco federal court. Mark Schobinger, who left the company last month, says that before and after Elon Musk purchased Twitter last year, employees were promised that they would receive 50% of their target bonuses for 2022. (Reuters)
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- Texas-founded law firm Jackson Walker hired a five-partner public finance-focused group from Orrick in Houston. Rick Witte will lead a new public finance practice group at the firm. He is joined by partners Todd Brewer, Tanya Fischer, Hoang Vu and Russell Miller. (Reuters)
- Paul Hastings hired two fintech and payments partners from rival Perkins Coie. Josh Boehm and Dana Syracuse, who was firmwide co-chair of the fintech industry group and co-leader of the blockchain, digital assets and custody team at Perkins Coie, will work from New York. (Reuters)
- Boies Schiller added two IP litigation lawyers to its Los Angeles office from Thoits Law. Katie Kavanaugh joined as a partner, and Genesis Shin joined as an associate. (Reuters)
- Akerman brought on three corporate partners, William Hoy, Mario Fallone and Edward Stone, and transactional tax partner, Diana Clarkson. All four lawyers were most recently with Harter Secrest & Emery. (Akerman)
- Andrew Schoulder joined Norton Rose Fulbright in New York from Bryan Cave Leighton Paisner as a partner. His work focuses on restructuring and distressed transactions. (Norton Rose Fulbright)
- Husch Blackwell added partners Robert Kamensky and Nicholas Legatos to the firm’s Chicago office. Kamensky joins from Thompson Coburn, while Legatos comes from Hinshaw & Culbertson. (Husch Blackwell)
- Joseph Cox moved to Duane Morris as a partner in the firm’s trial practice group in its Dallas office. Cox was most recently a partner at Bracewell and previously served as a state judge in Texas. (Duane Morris)
- Matt Dubofsky joined Wilson Sonsini as a corporate partner in its Boulder, Colorado, office. Dubofsky was a partner in Cooley’s Denver location. (Wilson Sonsini)
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Ordinarily, the defendant with the “deepest pockets” does not have to suffer the brunt of a judgment or jury award solely because of their solvency, write Ben Wilkoff and Gabriella Scott of Cozen O’Connor. They explain how a 2021 Pennsylvania case highlights how the application of pure joint and several liability can determine whether a minimally negligent defendant may be responsible for an entire award.
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