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Good morning. A federal judiciary rulemaking committee agreed to consider ending the ban on broadcasting federal criminal proceedings, but any change would be years away – too late for Trump’s trials next year. Plus, Foley & Lardner won’t seek more fees from the LeClairRyan fallout, and business bankruptcies are way up this year. Take care of yourselves this weekend – we’ll see you Monday.
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A U.S. judicial rulemaking body said it will consider relaxing a long-standing ban on broadcasting federal criminal proceedings – but it’s not likely to happen in time for former President Donald Trump’s trials next year, Nate Raymond reports.
Democratic lawmakers and news organizations have urged the U.S. Judicial Conference’s Advisory Committee on Criminal Rules to examine the rule against broadcasts, and at a meeting this week the committee agreed to form a group to examine the issue.
But “even moving at warp speed for our committee, any rule change would not take effect for three years at best, more likely four years,” U.S. District Judge James Dever, the committee’s chair, said during the meeting.
A trial in the election subversion case is set for March, and the trial over classified documents is scheduled for May. Trump, who also is under indictment in separate state court cases in Georgia and New York, has pleaded not guilty.
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- Pillsbury and Stroock have ended discussions about a possible merger. The end of the talks between the two New York-founded law firms comes a few months after Stroock’s discussions with another firm, Nixon Peabody, fizzled over the summer.
- The Maryland Supreme Court posthumously admitted Edward Garrison Draper to the Maryland state bar, 166 years after he had been denied admission because he was Black. An 1855 graduate of Dartmouth College, Draper is the “earliest known individual” to have been denied admission to the Maryland bar solely because of his race, the state supreme court said.
- Foley & Lardner is dropping its bid to ask for more legal fees stemming from the dissolution of defunct law firm LeClairRyan. Foley & Lardner is seeking final approval of around $2.2 million in legal fees and expenses that the firm was already paid, and as part of a deal with Quinn Emanuel, said in a bankruptcy court filing it will withdraw an application for an unspecified amount of other fees.
- Legal academics are pushing back against an ABA proposal that would specify what law students should learn in their courses and how they should be assessed, saying it would squelch the freedom professors have to take different approaches within their classrooms. Some of the nearly 20 law professors and deans who provided public comments said the ABA would be overstepping its role.
- The U.S. Senate Judiciary Committee voted to advance four of President Joe Biden’s federal district court judge nominees, with Democratic California Senator Laphonza Butler casting her first votes since filling the seat left empty by Senator Dianne Feinstein’s death. The panel advanced John Kazen in Texas, Shanlyn Park and Micah Smith in Hawaii, and Jamel Semper in New Jersey.
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That’s the increase in business bankruptcies over the past 12 months, according to data published by the U.S. court system. The higher numbers are in large part a return to normal, Scott Stuart of the Turnaround Management Association, a nonprofit association of corporate restructuring professionals, told reporter Dietrich Knauth. “Companies that were distressed did not have to look at the ills just underneath the surface which needed to be addressed,” Stuart said. “That era is done.”
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“I feel a keen sense not to become the next road kill.“
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—Google executive Prabhakar Raghavan testified at the antitrust trial in the lawsuit brought by the DOJ and a coalition of state attorneys general. Raghavan, a senior vice president at the search and advertising giant who reports to chief executive Sundar Pichai, said he was acutely aware of the intense competition for users’ attention. Read more about his testimony.
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- Congressman George Santos is expected in New York federal court to be arraigned after he was hit with additional charges accusing him of inflating his campaign’s fundraising numbers and charging campaign contributors’ credit cards without their consent. Santos pleaded not guilty in May to a 13-count indictment charging him with defrauding prospective political supporters by laundering funds to pay for his personal expenses, illegally receiving unemployment benefits while he was employed, and lying to the House of Representatives about his assets. The government has also asked that the court hold a hearing on potential conflicts for Santos’ defense counsel, Joseph Murray, over his relationship with two people prosecutors say were involved in the campaign finance crimes.
- Elon Musk and attorney Alex Spiro of Quinn Emanuel will urge U.S. District Judge Charles Breyer in San Francisco to dismiss a case by onetime shareholders of X, formerly known as Twitter, alleging Musk defrauded them ahead of his purchase of the social media site in statements claiming the deal was off. Musk has argued that his posts about the deal were not inaccurate.
- The 4th Circuit is slated to hear arguments over whether a West Virginia law banning transgender athletes from female sports teams at public schools violates the Equal Protection Clause and Title IX. The ACLU’s Joshua Block will argue on behalf of a transgender girl, Becky Pepper-Jackson, and her mother, Heather Jackson. West Virginia Solicitor General Lindsay See and Roberta Green of Shuman McCuskey Slicer will represent West Virginia and a state school commission.
- A former Mozambique finance minister Manuel Chang is expected to appear in Brooklyn federal court to argue that his charges over his alleged involvement in fraud involving $2 billion in loans to three state-owned companies should be dismissed. Chang pleaded not guilty in July after prosecutors accused him of secretly having Mozambique’s government guarantee the loans in exchange for bribes, and that the three companies were really “fronts” for Chang and other defendants to enrich themselves.
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Court calendars are subject to last-minute docket changes.
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What to catch up on this weekend
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- FTX founder Sam Bankman-Fried testified at his fraud trial outside the jury’s presence that lawyers at his now-bankrupt cryptocurrency exchange were involved in key decisions at the heart of the case, as he sought to distance himself from responsibility for any wrongdoing. U.S. District Judge Lewis Kaplan decided that Bankman-Fried would initially provide testimony without jurors present so he could determine which portions of it, if any, would be admissible as evidence. (Reuters)
- A group of Massachusetts cannabis companies hired David Boies to file a lawsuit challenging the constitutionality of federal drug laws. The lawsuit says the federal government is unconstitutionally infringing state powers for the dozens of states that have legalized marijuana for recreational and medical use. (Reuters)
- After a six-week trial, chicken producer Sanderson Farms persuaded a federal jury in Chicago to reject claims by supermarkets, farms and distributors that it conspired with industry rivals to suppress supply to artificially drive up prices. The trial was the first in long-running consumer and commercial chicken price-fixing litigation that has spurred hundreds of millions of dollars in settlements. (Reuters)
- A former executive of Florida health insurance company HealthSun Health Plans, which provides privately managed but publicly funded Medicare Advantage plans, has been charged with orchestrating a scheme that overbilled the federal government by $53 million. (Reuters)
- Medical supplier Medline sued two of its insurance carriers, Insurers National Fire and Marine Insurance Co and National Union Fire Insurance Company of Pittsburgh, for allegedly refusing to fund a potential settlement that would let the surgical kit maker resolve what it called “high stakes” personal injury claims in Illinois. (Reuters)
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- Mintz hired life sciences IP partner Jenny Chen in Boston. She arrives from McDermott. (Mintz)
- McDermott brought on tax partner Frank Jackson in New York from Jones Day. (McDermott)
- Locke Lord hired David Lawton as a partner in its bankruptcy, restructuring and insolvency practice in Hartford, Connecticut, and New York. He arrives from Morgan Lewis. (Locke Lord)
- Barnes & Thornburg picked up IP partner Jason Zucchi in Minneapolis. Zucchi was previously with Fish & Richardson. (Barnes & Thornburg)
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