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Good morning. Donald Trump’s appearance today in D.C. federal court on charges that he tried to overturn the 2020 presidential election will mark the latest development in his legal woes. Plus, J&J talc cancer plaintiffs want a six-month ban on further bankruptcy filings; drugmakers are watching for the list of the first 10 drugs that will be subject to U.S. price negotiations; and Stroock sees more departures as it pursues a possible merger. Thanks for reading!
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Donald Trump is due to make his first court appearance this afternoon in D.C.’s E. Barrett Prettyman U.S. Courthouse, just blocks from the U.S. Capitol, the centerpiece of the four-count indictment brought against him for his effort to undo his 2020 election loss. The case, featuring an assortment of alleged co-conspirators, adds to Trump’s major legal woes. Reporters Sarah N. Lynch, Jacqueline Thomsen and Joseph Ax look at the case and the hearing.
At today’s hearing, prosecutors led by Special Counsel Jack Smith will outline the charges and a judge will set bail conditions. Trump does not have to enter a plea immediately. U.S. magistrate judges preside at these types of hearings, and subsequent matters move in front of a U.S. district judge. The court was expected to have extra security measures ahead of Trump’s appearance.
Trump’s case was assigned to U.S. District Judge Tanya Chutkan, who has condemned the Jan. 6, 2021, assault on the Capitol by Trump’s supporters. Allies of Trump quickly suggested in media interviews that Trump could seek to move the case from D.C. to another federal court or ask for the disqualification of Chutkan. Others said Chutkan was “known as fair-minded to all.”
The D.C. case is one of two federal prosecutions against Trump. In Florida, Trump and two aides are accused of mishandling classified documents. Prosecutors in that case have raised a potential ethical conflict matter involving a defense lawyer for one of the aides, and they want the judge to sort it out.
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- A group founded by conservative activist Edward Blum sued an Atlanta-based venture capital fund that supports Black women who own small businesses, accusing it of unlawful racial discrimination. American Alliance for Equal Rights said in its lawsuit that the firm, called Fearless Fund, is violating a civil rights provision that bars racial bias in private contracts. Blum helped to steer challenges to race-conscious admission policies at U.S. colleges. (Reuters)
- A 7th Circuit panel upheld a trial judge’s order rejecting Wisconsin’s effort to sanction Donald Trump ally Sidney Powell, a lawyer who unsuccessfully sued over Joe Biden’s 2020 win. The appeals court said U.S. District Judge Pamela Pepper correctly found she no longer had jurisdiction over Powell’s lawsuit three months after she dismissed it. (Reuters)
- A trustee for Chinese businessman Guo Wengui’s bankruptcy estate won dismissal of a lawsuit claiming he was acting as a Chinese agent and persuaded a Manhattan federal judge to sanction the plaintiffs who sued him. U.S. District Judge Valerie Caproni said the lawsuit against New York restructuring lawyer Luc Despins and his law firm Paul Hastings was “just another part of a campaign of misbehavior designed to vex” them by a group of Guo’s Chinese-born U.S. supporters. (Reuters)
- Indicted FTX cryptocurrency exchange founder Sam Bankman-Fried enlisted Harvard Law’s Laurence Tribe — one of the foremost American constitutional law experts — for help in trying to stay free pending trial. Tribe submitted an affidavit that argued the government had not made a showing to justify putting the 31-year-old behind bars. Tribe works at law firm Kaplan Hecker, which represents Bankman-Fried’s father. (Reuters)
- Bracewell hired New York transactional lawyers Scott Le Bouef and Brian Rogers for the firm’s energy team, the latest partners to depart Stroock & Stroock & Lavan as it pursues a possible merger. (Reuters)
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REUTERS/Yves Herman/Illustration/
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That’s the number of prescription medicines that will be subject to the first-ever price negotiations by the Medicare health program that covers 66 million people, according to three top manufacturers. Drugmakers are bracing for the U.S. announcement of the medicines in a list that will appear online in about a month. President Joe Biden’s Inflation Reduction Act allows Medicare to negotiate prices for some of its most costly drugs. It aims to save $25 billion per year on drug prices by 2031. The publication of the drugs will kick off a process that has already faced multiple legal challenges in federal courts.
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A sweeping crypto defense theory that could have shut down the SEC’s enforcement campaign was roundly rejected this week by the first judge to issue a ruling on it. Alison Frankel explains why New York federal judge Jed Rakoff didn’t buy Terraform Labs’ argument that the Supreme Court’s major questions doctrine bars the SEC from regulating crypto — and what his decision means for crypto enforcement.
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“Nobody likes being criticized.“
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- Federal prosecutors in Manhattan face a deadline to file additional papers supporting their argument as to why indicted FTX founder Sam Bankman-Fried should be jailed pending trial. Bankman-Fried, pushing back against assertions from prosecutors, said he never sought to intimidate witnesses at his scheduled October fraud trial, and there is no reason to jail him. He has been largely confined to his parents’ Palo Alto, California, home on $250 million bond since his December 2022 arrest. He has pleaded not guilty.
- An American couple accused of laundering billions of dollars worth of cryptocurrency stolen from the 2016 hacking of virtual currency exchange Bitfinex are due to appear in D.C. federal court for a plea hearing. Heather Morgan, who used the hip-hop alias “Razzlekhan” to push her music online, and her husband Ilya Lichtenstein were initially arrested in 2022. They are set to appear before Senior Judge Colleen Kollar-Kotelly.
- Ed Mullins, former head of one of New York City’s police unions, is set to be sentenced after pleading guilty to scheming to steal hundreds of thousands of dollars from the Sergeants Benevolent Association. In a court filing, prosecutors said Mullins was “motivated by greed and emboldened by power” and should serve 41 months in federal prison. Mullins’ defense lawyers at Raiser & Kenniff have asked the court to impose a non-custodial sentence. “Mr. Mullins’ conviction has forever sullied an otherwise storied law enforcement career,” they said in a filing.
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Court calendars are subject to last-minute docket changes.
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- A federal jury sentenced Robert Bowers to death for killing 11 worshippers at Pittsburgh’s Tree of Life synagogue in 2018, the deadliest antisemitic attack in U.S. history. The jury found Bowers guilty in June of dozens of federal hate crimes in the trial in Pittsburgh federal court. (Reuters)
- JetBlue and Spirit asked a Massachusetts federal judge to rule for the airlines in a private consumer suit alleging their $3.8 billion deal violated U.S. antitrust law. The lawsuit was filed after the DOJ brought a case challenging the merger. A bench trial in the DOJ’s case is scheduled for October. (Reuters)
- Verizon was sued in Pennsylvania federal court by investors who claim the telecommunications company failed to disclose environmental and health risks associated with lead-wrapped cables it owns, leading to a “precipitous” drop in stock price. The proposed class action covers potentially thousands of investors. Verizon did not immediately comment. (Reuters)
- PepsiCo convinced a Manhattan federal court to dismiss a trademark lawsuit from canned-coffee maker Rise Brewing, which had accused Pepsi of trying to squeeze Rise out of the market with its Mtn Dew Rise morning energy drink. U.S. District Judge Lorna Schofield said Rise could not prove to a reasonable jury that Pepsi’s product was likely to confuse consumers. (Reuters)
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- Kirkland picked up corporate lawyer Alvaro Membrillera from Paul Weiss, where he led the London office. (Reuters)
- Cahill’s antitrust practice leader, Elai Katz, has taken his practice to rival law firm McDermott. (Reuters)
- Kaufman Dolowich hired Zascha Blanco Abbott as a labor and employment partner in Florida. She joins from Lewis Brisbois. (Kaufman Dolowich)
- K&L Gates added London-based partner James Wyatt, who focuses on energy, infrastructure and resources. He joins the firm from Avonhurst. (K&L Gates)
- Greenberg Traurig hired commercial litigator Andrew Barr as a Denver-based partner. He joins from Cooley. Greenberg Traurig also added Tomasz Korczyński as a partner in Warsaw, Poland, who will lead the firm’s infrastructure and government contracts practice in the country. He was previously at Dentons.
- Vedder Price added Christine De Pree in the firm’s Chicago office as an investment services partner. She was previously at Franklin Templeton. (Vedder Price)
- Wiggin and Dana brought on D.C.-based partner Alan Levesque in the firm’s international trade compliance practice. Levesque was previously at consulting firm Ankura. (Wiggin and Dana)
- Quarles & Brady hired Travis Kearbey as a St. Louis-based partner in the labor, employment and benefits practice. Kearbey was previously at Armstrong Teasdale. (Quarles & Brady)
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Some Western U.S. states are investigating the possibility of interstate cannabis markets, and even drafting legislation, writes Rachel Gillette of Holland & Hart. Gillette says that the free movement of goods and services is a hallmark of the U.S. Constitution’s “dormant commerce clause” and that laws inhibiting such movement could be unconstitutional. States including Washington, Oregon and California are looking into the issue.
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