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Good morning. The ABA has issued its first formal ethics opinion on AI, and we’ve got the details. Plus, the National Association for Law Placement says the newest law school grads have achieved record high rates of employment and salaries, but that good fortune isn’t expected to continue for future classes. Wells Fargo can’t escape a lawsuit claiming it misled shareholders by holding sham job interviews for non-white and female applicants, and El Chapo’s son – who orchestrated a daring operation to capture his father’s business partner – is slated to make his first appearance in court today. Scroll on!
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The American Bar Association issued its first formal ethics opinion on generative artificial intelligence, warning attorneys that they must guard against ethical lapses when making use of the nascent technology, our colleague Sara Merken reports.
An ABA committee said lawyers using AI must “fully consider” their ethical obligations to protect clients, including duties related to lawyer competence, confidentiality of client data, communication and fees. The opinion noted that use of AI has led to lawyers citing nonexistent cases or inaccurate analysis.
>>> Read the ethics opinion.
Lawyers and law firms are increasingly using AI tools for legal research, document drafting and analysis, and other tasks in litigation, transactional and other work. New legal technology startups have been attracting large investments as the field develops. Some but not all courts and judges in the U.S. now require lawyers to disclose their use of AI. Several state bar associations have adopted their own guidelines for how lawyers can use AI without running afoul of ethics rules.
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- President Joe Biden proposed sweeping changes to the U.S. Supreme Court, including term limits and a binding code of conduct for its nine justices, but opposition from Republicans in Congress means the proposals have little chance of enactment.
- An 8th Circuit panel wiped out a $78 million legal fee award that was part of a $350 million T-Mobile data breach privacy class action settlement. The panel decision called the amount excessive given the relatively small amount of litigating that preceded the accord.
- Gibson Dunn asked the 2nd Circuit to award nearly $700,000 in legal fees for the law firm’s appellate work for Global Industrial Investment and China Fortune Land Development Co. The clients were the sole funders of two venture capital funds, and Gibson Dunn said it was owed fees after prevailing in an arbitration-related fight. Gibson Dunn’s Julian Poon, co-chair of the firm’s appellate group, billed at $1,925 an hour, and former U.S. Attorney Debra Yang, chair of the firm’s crisis management group, charged $2,170 hourly.
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That’s how much Hagens Berman and Winston & Strawn could receive from part of a landmark $2.7 billion settlement resolving antitrust claims against the NCAA. The settlement is pending before a California federal judge, and the firm’s have not yet filed any formal petition for compensation. The firms spearheaded the litigation, and they predict the settlement will be a gamechanger for the college sports landscape, opening a door for the first time to schools paying their athletes. On top of the $515 million, the firms can ask for fees annually for a decade based on the pool of money schools use to compensate students. The NCAA has some power to fight any fee requests.
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“The Class of 2023 graduates are likely to be the final benefactors of the talent wars.“
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—National Association for Law Placement Executive Director Nikia Gray, who was quoted in a report from the organization that found new law school graduates in 2023 posted record high employment rates and salaries – but subsequent classes are unlikely to repeat those numbers. The red-hot market for lawyer talent in 2022 and early 2023 has already cooled, NALP noted, and recent data shows law firms have dialed back new associate recruiting.
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- In Chicago, U.S. District Judge Sharon Coleman will hold a status hearing in a discrimination lawsuit filed by a Muslim lawyer who accused Foley & Lardner of firing her the day before her career there was due to begin after she expressed support for the Palestinian people in the Israel-Hamas war. Foley called the lawsuit meritless and said it stands by its decision to rescind Jinan Chehade’s employment offer.
- Google and lawyers for Texas will face off in front of U.S. District Judge Sean Jordan in Plano over the scope of the court’s pretrial schedule in the state’s antitrust lawsuit challenging the tech giant’s digital ads practices. The two sides are feuding over splitting up discovery and trial into two pieces, one for liability and the other for remedies.
- U.S. District Judge Dominic Lanza in Phoenix is set to hold a hearing in the FTC’s lawsuit accusing Grand Canyon University of deceptive advertising and illegal telemarketing. The Arizona-based university has denied what it said were “unsubstantiated allegations.” Lanza last week issued a tentative order that would allow some claims to advance, while denying others.
- On Capitol Hill, acting director of the U.S. Secret Service Ronald Rowe Jr and Deputy FBI Director Paul Abbate will testify before the Senate Judiciary Committee on the attempted assassination of Donald Trump. U.S. Secret Service Director Kimberly Cheatle resigned after the agency came under scrutiny for its failure to stop a would-be assassin from wounding Trump at a rally.
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Court calendars are subject to last-minute docket changes.
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- The 9th Circuit signaled that a recent U.S. Supreme Court ruling curbing the in-house enforcement powers of some federal agencies could impact the NLRB in a case involving alleged labor law violations by Macy’s. The court asked lawyers for the board, Macy’s, and a union representing the retailer’s employees to file briefs explaining how the ruling in Jarkesy v. SEC may affect the NLRB’s ability to impose remedies in administrative cases.
- U.S. District Judge Jeffrey Brown in Galveston, Texas, temporarily blocked an NLRB case against pipeline operator Energy Transfer to allow the company to pursue a lawsuit claiming the agency’s structure is unlawful. Brown in his ruling said Energy Transfer was likely to succeed on its claim that NLRB administrative law judges are improperly insulated from removal by the president.
- U.S. District Judge Trina Thompson in San Francisco ordered Wells Fargo to face a lawsuit alleging it defrauded shareholders by proclaiming its commitment to hiring diversity, even as it conducted sham job interviews of non-white and female applicants it had no plans to hire. Thompson found direct and indirect evidence that the bank intended to defraud shareholders about its hiring practices.
- Sanofi-owned biotech company Genzyme has sued rival Sarepta Therapeutics in Delaware federal court for allegedly infringing two patents related to Sarepta’s Duchenne muscular dystrophy treatment Elevidys. Genzyme said in the lawsuit that Sarepta mimics Genzyme’s technology for modifying viruses used to deliver genes into human cells in gene-therapy treatments like Elevidys.
- A criminal trial against a former university professor and naturalized U.S. citizen began in Brooklyn on charges he acted as a Chinese agent by monitoring activists opposed to Beijing’s Communist government at the direction of intelligence officials in China. Federal prosecutors said Shujun Wang used his leadership role in New York communities supporting democracy in China to collect information.
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- Davis Polk added D.C.-based investment management partner Christopher Healey from Simpson Thacher. (Davis Polk)
- Morgan Lewis added intellectual property partners Alexander Klett and Christoph Mikyska in Munich, and private equity partner Sebastian Dexheimer in Frankfurt. Klett and Mikyska were previously at Reed Smith, and Dexheimer was at Milbank. (Morgan Lewis)
- Vedder Price hired litigation partner Javier Lopez in Miami. Lopez was previously at Kozyak Tropin & Throckmorton. (Vedder Price)
- BCLP hired energy transitions lawyer James English as a Denver-based partner in the corporate and finance group. English was previously at Clark Hill. (BCLP)
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Former U.S. District Judge Shira Scheindlin, now with Boies Schiller Flexner, explains how a court fight over a mass arbitration brought against Samsung could put the issue of mass arbitrations before the U.S. Supreme Court.
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