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The federal judiciary is considering whether new ethical guidance on the hiring of law clerks is needed after two judges hired a clerk who was accused of racist conduct while at a conservative advocacy group and went on to land a prestigious clerkship with U.S. Supreme Court Justice Clarence Thomas, our colleague Nate Raymond reports.
The U.S. Judicial Conference, the judiciary’s policymaking body, in a report released Friday on its closed-door March 12 meeting said it had referred the question of whether new guidance is needed to its Committee on Codes of Conduct. Another panel, the Committee on Judicial Conduct and Disability, was meanwhile asked to examine whether any rules should be modified to address the potential incompatibility of current policies governing judicial misconduct cases.
Arthur Hellman, a law professor at the University of Pittsburgh who studies federal judicial ethics, said the scope of the review appeared broad enough to potentially address other controversies involving the hiring of clerks.
He pointed to a recent series of incidents in which conservative federal judges have announced they would boycott hiring clerks from particular law schools in response to campus demonstrations and disruptions. “The Committee on Codes of Conduct would need to take that into account also because it raises similar issues,” Hellman said.
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- Quinn Emanuel was disqualified from representing Elon Musk’s X Corp in litigation against Israeli data-scraper Bright Data. U.S. District Judge William Alsup said Quinn Emanuel performed “substantially related” work for Bright earlier in a matter that involved Facebook parent Meta as the plaintiff. Quinn Emanuel said it disagreed with Alsup’s order and was evaluating next steps.
- Ohio Republican U.S. Senator J.D. Vance was named Donald Trump’s running mate. Vance, a 2013 graduate of Yale law, has transformed over the years from a self-described “never Trumper” to stalwart loyalist. Vance has supported the Big Tech antitrust crackdown. Vance’s wife Usha, a former law clerk to Chief Justice John Roberts, on Monday said she will leave Munger Tolles, where she was an associate.
- OpenAI whistleblowers filed a complaint with the SEC, calling for an investigation over the AI company’s allegedly restrictive non-disclosure agreements. OpenAI allegedly made employees sign agreements that required them to waive their federal rights to whistleblower compensation, according to a letter that was provided to Reuters by Sen. Chuck Grassley’s office.
- Disbarred plaintiffs lawyer Tom Girardi wants a federal judge to push his criminal fraud trial from August to October. Girardi’s attorney Charles Snyder said outstanding motions and access to witnesses justified the extra time. “Girardi’s defense team is simply not trial-ready, and it will struggle to present an organized and cogent defense,” Snyder told the court. The DOJ said it was opposed to any continuation. Girardi has pleaded not guilty.
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That’s how much plaintiffs firm Milberg said it will pay to claims administrator Epiq amid scrutiny of claims-related submissions from the law firm in antitrust litigation that were fake. The firm said it unknowingly submitted claims — some purportedly from major U.S. companies — as part of a $5.6 billion antitrust settlement with Visa and Mastercard. U.S. Magistrate Judge Joseph Marutollo ruled that punishing Milberg was “unnecessary at this time” after the firm said it would pay Epiq to cover the extra work stemming from the fake submissions. Milberg admitted it could have done a better job screening submissions but said the firm did not act in any bad faith.
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After a Florida federal judge’s bombshell dismissal on Monday of the criminal case accusing former President Donald Trump of mishandling classified documents, some former federal prosecutors floated suggestions on social media for the DOJ to ditch any appeal of the case before Judge Aileen Cannon and refile charges — either in a different jurisdiction or under the leadership of the Miami U.S. Attorney — to be litigated before a different judge. Alison Frankel talked to defense lawyers and former prosecutors who told her those aren’t really viable alternatives.
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“A preliminary injunction is not
a shortcut to the merits.“
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—Third U.S. Circuit Judge Stephanos Bibas, in a ruling that rejected a bid by gun rights groups to block Delaware’s bans on assault weapons and high-capacity firearm magazines. Bibas and two colleagues upheld a judge’s decision not to issue a preliminary injunction sought by the groups blocking the Democratic-led state’s laws before the case could reach a trial on the merits. Bibas said courts have “strayed” from the primary purpose of using such injunctions to prevent a case from becoming moot before a final order can be issued. The “wiser course,” Bibas said, was to deny requests for preliminary injunctions.
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- U.S. Bankruptcy Judge Eduardo Rodriguez in Houston will hold a hearing on law firm Jackson Walker’s notice to depose David Jones, a former federal bankruptcy judge who resigned last year after publicly acknowledging he had been living for years with his longtime romantic partner Elizabeth Freeman. Freeman was a bankruptcy partner at the law firm Jackson Walker until December 2022. The DOJ’s bankruptcy watchdog, which also wants to depose Jones, is seeking to force Jackson Walker to give back millions of dollars in fees it earned in cases presided over by Jones.
- U.S. District Judge Yvonne Gonzalez Rogers in Oakland federal court will weigh the fairness of a non-monetary settlement resolving stockholder derivative litigation against Apple over older iPhone shutdowns and slower performance. The settlement involves policy, corporate governance, and oversight reforms, the plaintiffs’ lawyers at Robbins and Weiss Law told the court. They have asked the court for $6 million in legal fees for their work.
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Court calendars are subject to last-minute docket changes.
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- New York Attorney General Letitia James sued Nassau County to block enforcement of a new law banning transgender athletes from playing in girls’ and women’s sports at county-owned parks and facilities. James in the complaint said the new law entrenches “regressive and invasive” gender stereotypes.
- Vertex Pharmaceuticals sued HHS, seeking a court declaration that a fertility support program for patients who are prescribed its gene editing therapy Casgevy does not violate federal anti-kickback laws. Vertex offers financial support for some Casgevy patients who meet certain eligibility criteria. A team from Ropes & Gray filed the lawsuit in D.C. federal court.
- The 10th Circuit said Oklahoma cannot access federal family-planning grants that were withdrawn after the state refused to refer pregnant women to neutral counseling services that included information about abortion and other options. The court in a 2-1 ruling said the HHS requirement that Oklahoma refer patients to a national hotline in order to receive grant funding did not violate a federal law barring grants from being used to encourage abortion.
- A federal appeals court upheld the dismissal of a lawsuit by Palestinian rights activists accusing the Biden administration of being complicit in genocide in Gaza by continuing to provide Israel with military, diplomatic and financial support. The 9th Circuit panel said the activists’ case raised political questions about foreign affairs that could not be decided by a court.
- RTX’s Pratt & Whitney unit is the remaining defendant in consolidated litigation in Connecticut accusing the aerospace manufacturer and a group of engineering firms of conspiring to restrict recruitment and hiring. Four firms said in a filing they will pay $26 million collectively to exit the case, which alleges violations of U.S. antitrust law. Pratt has denied any wrongdoing.
- U.S. technology firm InterDigital and patent licensing platform Avanci won their bid to throw out a London lawsuit by Tesla, which was seeking a patent license ahead of the automaker’s launch of 5G vehicles in Britain.
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- Akin hired employment litigation partner Jessica Rosenberg in New York. She joins from Kasowitz Benson, where she was co-chair of the employment practices and litigation group. (Akin)
- Gibson Dunn brought on executive compensation and employee benefits partner Kate Napalkova in New York. She previously was at Proskauer. (Gibson Dunn)
- Sidley added commercial litigation and disputes partner Aryeh Kaplan in Miami from Pillsbury Winthrop, where he led a litigation team. (Sidley)
- Dentons added Emily Bias as a real estate partner in Los Angeles. Bias joins from Pillsbury. (Dentons)
- Alston added investment funds partner Heather Wyckoff in New York from Schulte Roth. (Alston)
- Davis Polk hired Nick Caro as a New York-based partner in its sponsor finance practice. He previously was at Goodwin. (Davis Polk)
- Latham added Matt Cohn as an M&A and private equity partner in Boston. Cohn previously was at Kirkland. (Latham)
- Clark Hill opened an office in Atlanta with eight lawyers from Taylor English. (Clark Hill)
- Paul Hastings added insurance transactions partner Brad Drake in Chicago. He most recently was at Sidley. (Paul Hastings)
- Stradley Ronon brought on D.C.-based investment management partners Mark Attar from Davis Wright Tremaine, and Jesse Kanach from Perkins Coie. Kanach will be chair of the firm’s private investment funds practice. (Stradley Ronon)
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