A newsletter by Reuters and Westlaw |
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By Diana Novak Jones, Mike Scarcella and Sara Merken |
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Good morning. Here's what you need to know today: Donald Trump's judicial nominees could be more conservative than his previous appointments to the federal bench, Nate Raymond writes. Plus, Robinhood's top lawyer and a Willkie partner are among those considered for a Trump short list of key financial agency heads, sources told our colleagues. And this week's Legal Fee Tracker takes a look at a spat between Sullivan & Cromwell and the state of California. It's Friday, at last. Were you forwarded this email? Subscribe here. |
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President-elect Donald Trump is poised to build on his legacy of reshaping the federal judiciary with nominees who his allies and opponents predict could be even more conservative than the near-record 234 judges he put on the bench in his first stint in office, our colleague Nate Raymond reports. With Republicans set to take back control of the Senate, Trump should enjoy an easy path to filling possible vacancies on the U.S. Supreme Court and the expected 100-plus seats that will likely open up on lower courts across the nation. A new round of Trump-appointed, life-tenured judges would result in a more conservative federal judiciary that would be more likely to cast a skeptical eye on environmental, financial and other regulations and to uphold Trump's agenda in the face of legal challenges. |
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- A fee fight is brewing between the state of California and Sullivan & Cromwell over the firm's work for bankrupt fire safety company Kidde-Fenwal. Sullivan & Cromwell has already earned at least $17 million as debtor's counsel for the company, charging up to $2,375 an hour for its top partners. The state is objecting to a portion of the fees. Read more in this week's Legal Fee Tracker.
- U.S. District Judge Lewis Liman in Manhattan threatened to hold former New York City mayor Rudy Giuliani in civil contempt for failing to surrender his luxury apartment and other belongings to two Georgia election workers he defamed and owes $148 million.
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That's how much Vanguard, the largest U.S. manager of mutual fund assets, agreed to pay to settle a lawsuit claiming it stuck ordinary investors in its popular target-date retirement funds with surprisingly large tax bills. Vanguard denied wrongdoing. The lawsuit stemmed from its December 2020 decision to reduce the minimum investment in lower-cost funds meant for institutional clients to $5 million from $100 million. Read more. |
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An internet advertising firm can proceed with a vote next week on a board-approved plan to move the company's state of incorporation from Delaware to Nevada, after Delaware Vice Chancellor Paul Fioravanti on Wednesday rejected shareholder arguments that the company must win approval from a supermajority of investors. That's good news for Tesla in its fight to move to Texas. Alison Frankel explains why. |
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"Can you do that same sort of tracking using a pen, paper and stopwatch?"
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—U.S. Circuit Judge Tiffany Cunningham in a question for an attorney for Realtime Tracker, as the Federal Circuit considered the patent owner's request to overturn a decision that its software innovations for tracking lawyers' billable hours were unpatentable. The court panel heard arguments over Realtime's bid to revive allegations that LexisNexis' time tracking software for attorneys infringes one of its patents. Read more from the hearing. |
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- Teva will try to convince the Federal Circuit to overturn a court decision that forced it to remove patents from the FDA's Orange Book related to its breathing drug ProAir HFA, which helped clear the way for a proposed Amneal generic. Amneal and the FTC argued Teva's patents only covered inhaler device technology, not the drug itself.
- U.S. District Judge Susan Illston in San Francisco is set to hold a hearing to weigh final approval of Orrick's $8 million settlement to resolve class action claims from people who said their personal information was compromised in a breach of some of the law firm's client data.
- U.S. District Judge Arun Subramanian in Manhattan is scheduled to hold a status hearing in the DOJ's lawsuit seeking to break up entertainment industry giant Live Nation and its Ticketmaster unit.
Court calendars are subject to last-minute docket changes.
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- The 11th Circuit revived a defamation lawsuit accusing CNN of defaming Project Veritas in its explanation of why the conservative group, which is often accused of using deceptive tactics, was suspended from Twitter in 2021.
- U.S. District Judge Amit Mehta in D.C. rejected a bid by the Plastics Industry Association to block California's attorney general from enforcing a subpoena to obtain documents as part of an investigation into whether the trade group misrepresented the viability of plastic recycling.
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- Vinson & Elkins picked up D.C.-based energy regulatory partner Thomas Knight from Locke Lord. (Vinson & Elkins)
- Morrison Cohen brought on white-collar and regulatory enforcement partner Tracy Burnett in New York from McLaughlin & Stern. (Morrison Cohen)
- Buchalter added litigation and white-collar and investigations partner Kevin Lally in Los Angeles from McGuireWoods. (Buchalter)
- Bryan Cave Leighton Paisner hired partner Emmet Ong in San Francisco for its financial services disputes and investigations practice. Ong most recently was a federal prosecutor in the Northern District of California. (BCLP)
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The rapid rise of generative artificial intelligence has profound implications for innovation, particularly related to intellectual property law, write David Holman, Lestin Kenton Jr and Kristina Caggiano Kelly of Sterne Kessler. One phenomenon of concern is AI-generated prior art. Read today's Attorney Analysis. |
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