Antitrust

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  • Morning Docket: 09.22.23
    Morning Docket

    Morning Docket: 09.22.23

    * Somehow they’ve managed to find even more undisclosed private air travel. This time taking Clarence Thomas to a Koch brothers event in a level of impropriety that a former W. Bush judge said, “takes my breath away, frankly.” [ProPublica]

    * Clifford Chance opts for permanent hybrid work model while other firms choose alienation and extortion. [RollonFriday]

    * Second Circuit decides Sam Bankman-Fried can wait in jail. [Law360]

    * North Carolina Supreme Court justice Anita Earls spoke publicly about implicit bias in the legal system. After the judiciary commission ordered her to pre-clear future statements with them, she sued over the prior restraint and the federal judge chastised her for making the justice system look bad by talking about bias out loud. [Balls and Strikes]

    * Having toppled admissions, right-wingers take aim at scholarships that might possibly help non-white people go to school. [Reuters]

    * Judge upholds the right of private investors to put their money toward companies that match their environmental and social goals. [Bloomberg Law News]

    * Profiling the folks chronicling the opaque Google antitrust case. [Wired]

  • Morning Docket: 09.12.23
    Morning Docket

    Morning Docket: 09.12.23

    * Trump moves to get Judge Chutkan kicked off his case because at a sentencing for a low-level January 6er, she said that the organizers of the riot had not been charged. But she never said Trump was the one who organized the riot. So… his lawyers are the ones making the connection that well obviously our client organized the riot. Galaxy brain work, gang! [CNN]

    * NY judge strikes down state’s ethics commission, ruling that it violates separation of powers for former governor Andrew Cuomo to be subject to an independent ethical probe. By way of pure coincidence, this judge was a Trump nominee who failed to reach a Senate vote. [Law360]

    * Because, relatedly, the Supreme Court eyes another run at the CFPB arguing that it violates the separation of powers to have an agency that lawmakers can’t unilaterally zero-fund at any moment. [Reuters]

    * The Google antitrust defense team learned its trade while working on the other side of the Microsoft antitrust case. Around, around the revolving door goes! [Bloomberg Law News]

    * Supreme Court needs binding ethics rules… but don’t hold your breath. [Dorf on Law]

    * Tech and office space enjoy a complicated budgeting relationship. [American Lawyer]

    * Legendary DC attorney Bob Bennett has passed away. [NY Times]

  • Morning Docket: 07.24.23
    Morning Docket

    Morning Docket: 07.24.23

    * Come August, The Wisconsin Supreme Court will be a majority Democrat. Liberals in the state have big plans — particularly on abortion and voting rights. [Huffington Post]

    * The DOJ and FTC have released new merger guidelines. They want to bring antitrust enforcement back to its roots. [Law360]

    * Want a corporate board seat? Now’s your moment! Thanks to increased regulations everyone wants an attorney on their board. [Bloomberg Law]

    * Sam Bankman-Fried will finally shut up. The talkative founder of crypto exchange FTX has accepted a gag order in the criminal case against him, though his attorney contest that his previous interviews with reporters amounts to witness tampering. [Reuters]

    * Biglaw “caste system”? Sounds pretty accurate to me. [Law.com]

    * With more legal threat closing in, Donald Trump is only getting Trump-ier. Thankfully, that’s unlikely to work in court. [Salon]

  • Morning Docket: 07.14.23
    Morning Docket

    Morning Docket: 07.14.23

    * Here we go again! Biden uses another avenue to issue some of the student debt relief blocked by Republicans in the Super Legislature. [Reuters] * After the Supreme Court opened the floodgates to foreign knockoffs, IP lawyers are left “questioning” what’s left. [Bloomberg Law News] * Fake money leads to real federal fraud charges. […]

  • Morning Docket: 07.13.23
    Morning Docket

    Morning Docket: 07.13.23

    * The FTC is appealing its case against the Microsoft-Activision merger. There’s a lot of talk about the FTC “failing” but even in losing they forced Microsoft to publicly claim it wouldn’t make key franchises XBox exclusives and… that’s a victory in itself. Successful litigation doesn’t have to end in a win to have been a smart case to bring. [Law360]

    * But, because everything is stupid now, the FTC is going to get grilled in a congressional hearing. [Reuters]

    * Gun ban in state parks upheld because the law has never been enforced and may never be… haven’t these people heard of 303 Creative? You don’t need any of that anymore. [Hartford Courant]

    * Allen & Overy’s managing partner has stepped down in the midst of the Shearman merger negotiations. [Bloomberg Law News]

    * The Titanic sub disaster underscores the need for robust anti-SLAPP laws. [Daily Beast]

    * NCBE unveils its nextgen bar exam questions. They are not much better than the existing questions. [Law.com]

    * A new wrinkle in the hybrid office reality: small firms sharing office space. A new ethics opinion deals with this issue and hopefully settles who gets to decide if the toilet paper is overhanded or underhanded. [ABA Journal]