Law school diversity rule change draws critics

04:00 |

Oct. 3, 2024

Good morning. Here's what you need to know today: A proposal to remove the terms "race and ethnicity" from the ABA's law school accreditation rules has drawn criticism – including from a group of 44 law deans. Plus, election betting gets the green light from one federal court, the SEC loses its enforcement director, and broadcaster Diamond Sports says it plans to cut ties with all but one MLB team. Here's Thursday.

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Cutting 'race and ethnicity' from ABA's law school diversity rules goes too far, critics say

REUTERS/Andrew Kelly

Critics warned in public comments that eliminating the terms "race and ethnicity" from the American Bar Association's law school accreditation rules will hobble longstanding efforts to bring in diverse students and faculty, reports our colleague Karen Sloan.

Among the groups opposing a proposed revision to the ABA's current standard are legal education heavyweights including the Law School Admission Council; the Society of American Law Teachers; the NAACP Legal Defense and Educational Fund; and a coalition of 44 law school deans.

>>> Read the public comments.

The ABA currently requires law schools to provide "full opportunities" for "racial and ethnic minorities" and have a diverse student body "with respect to gender, race, and ethnicity." The proposed new standard eliminates references to race, ethnicity and gender and instead requires schools to provide access to "persons including those with identities that historically have been disadvantaged or excluded from the legal profession."

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The buzz

The SEC's enforcement director, Gurbir Grewal, is leaving the agency, marking the end of a three-year tenure during which the regulator stepped up scrutiny of Wall Street and cryptocurrency firms. Grewal has led the SEC's 1,500-person enforcement unit since July 2021, after serving as New Jersey attorney general as well as in other state and federal government roles.
The North Carolina Supreme Court will allow lawyers who are not licensed in the state to provide pro bono legal services to victims of Hurricane Helene.

Columnist spotlight: Biogen and its investors both want U.S. appeals court to clarify class certification

In a rare – and possibly unique – turn of events, both pharma company Biogen and its shareholders have asked the 1st Circuit to grant interlocutory review of a trial court decision certifying a class of investors alleging fraud in connection with a Biogen Alzheimer's drug. Both sides contend that the trial judge misapplied the U.S. Supreme Court precedent from the 2021 Goldman Sachs case, and they want the court's guidance. But they disagree strenuously on what that guidance should be. Alison Frankel has the details.

Check out other recent pieces from our columnists Alison Frankel and Jenna Greene.

"At least some of our clubs are being left out in the cold once again."

—James Bromley of Sullivan & Cromwell, representing Major League Baseball, told U.S. Bankruptcy Judge Chris Lopez at a hearing where regional sports broadcaster Diamond Sports said it will likely cut ties with all MLB teams other than the Atlanta Braves in an attempt to complete a bankruptcy restructuring by the end of the year. The company's decision could leave about a dozen baseball teams scrambling to reach new broadcast agreements before the 2025 season begins in late March. Read more.

Coming up today

Elon Musk is scheduled to be deposed by the SEC for the regulator's probe into his $44 billion takeover of Twitter. Musk skipped an earlier hot-seat date, saying an "emergency" required him to be at Cape Canaveral to oversee the launch of SpaceX's Polaris Dawn mission.
Lawyers for Vermont's Roman Catholic Diocese, which filed for bankruptcy on Sept. 30 after it was hit with dozens of lawsuits alleging sexual abuse by clergy, is slated to appear before U.S. Bankruptcy Judge Heather Cooper in Burlington for an initial hearing.
U.S. Circuit Judge Kevin Newsom, a Trump appointee on the 11th Circuit, is slated to give a lecture at Stanford's Federalist Society chapter titled "Breyer Reviewed: Why We Choose Formalism, Not Pragmatism."

Court calendars are subject to last-minute docket changes.

In the courts

The SEC is appealing a court ruling that restricted its ability to regulate cryptocurrency markets to the 2nd Circuit. The regulator is seeking review of a 2023 ruling that the XRP token sold by Ripple Labs on public exchanges did not meet the legal definition of a security.
The NLRB accused Amazon of illegally refusing to bargain with a union representing drivers employed by a contractor.
A group of 14 Republican state attorneys general led by Arkansas and Indiana filed suit challenging a recent FCC decision to slash phone bills for prison inmates, saying the rule deprives the facilities of funding and resources that they depend on to reduce risks and solve crimes.
Visa is facing a proposed class action from U.S. merchants over its payments network, marking the first private lawsuit against the payment card giant piggybacking on the DOJ's major antitrust lawsuit.

Industry moves

McGuireWoods added D.C.-based antitrust partner Megan Lewis, who most recently was assistant chief of the Washington criminal section of the DOJ's antitrust division. (McGuireWoods)
O'Melveny hired London-based partners David Carter and Braeden Donnelly. They previously were private equity practice leaders at Ashurst. (O'Melveny)
Simpson Thacher brought on registered funds partner Jonathan Gaines in New York from Dechert. (Simpson Thacher)
Norton Rose Fulbright brought on investment funds partner Michael Aluko in New York from Goodwin. (Norton Rose Fulbright)
Greenberg Traurig hired Justin Hedge as an antitrust litigation and competition partner in D.C. from Arnold & Porter. (Greenberg Traurig)

>> More moves to share? Please drop us a note at LegalCareerTracker@thomsonreuters.com.

Lawyer speak: How a sponsor can help you move up the ranks at a law firm

Having a sponsor is essential for career development in a law firm. Sponsors can advocate for junior lawyers, increase visibility, help them take calculated risks, and provide protection, writes Kim Mallett of Major, Lindsey & Africa. Read today's Attorney Analysis.