Antitrust
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Morning Docket
Morning Docket: 07.12.23
* In bothsideism push, conservatives are hyping that Sotomayor’s book tour makes hosts purchase copies. Putting aside that this is how book tours work everywhere, the complaint underscores that Alito and Thomas defenders think the problem is “justices making money” as opposed to “justices getting paid by parties trying to influence the judges.” [AP]
* Lawsuit brought against Idaho’s abortion travel ban. [Law.com]
* It’s not just law firms forcing people back to in-person work just because old partners feel lonely. Judges are willing to let the wheels of justice grind if it gives them some playmates throughout the day. [New York Law Journal]
* “Judges Confused by Supreme Court’s Historical Test for Gun Laws.” It can be confusing if you get tripped up on the “historical” part. But it’s really easy once you ignore all the actual history and only use the gun manufacturer fan fiction account in Bruen. [Bloomberg Law News]
* Mainstream media asking snide questions about antitrust law after Microsoft ruling. [NY Times]
* Judge Newman’s battle with the rest of the Federal Circuit now has a mediator. [Law360]
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Morning Docket
Morning Docket: 07.06.23
* Employers are finally stepping up and suing health insurers for continually screwing over employees in case you’re looking for a lawsuit with the least sympathetic defendants imaginable. [Bloomberg Law News]
* It’s arraigning men… or at least one man as Walt Nauta heads to the courthouse today. [Reuters]
* AI won’t disrupt the legal world for a good while yet. [LegalCheek]
* Cop shows never read the second half of Miranda and it shows. [ProPublica]
* Did you know not to use a Sharpie for redactions? I thought everyone did, but apparently not. [Legaltech News]
* JetBlue won’t appeal antitrust loss in bid to secure larger market share a different way. [Law360]
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Morning Docket
Morning Docket: 06.29.23
* While Sam Alito rewrote laws to help oil and gas exploit more land, his wife was… making land deals with oil and gas companies. But I guess that’s okay because his wife’s money isn’t “adjacent” to him because the couple is not physically “continuously connected.” [The Intercept]
* Law professor who feels persecuted because law schools hire other professors to teach classes about racism is going after a law school for having a “students of color” outreach program. By the end of the week, he’s probably going to have the Supreme Court’s backing on that one. [NY Post]
* So many of the problems facing Ron DeSantis could be solved by taking 10 minutes to read the Constitution. [CBS News]
* California’s ban on using public funds to travel to states with pro-bigotry laws on the books has hurt Black academics who can’t travel to conferences in those states. Which was the obvious outcome. Unless California plans to put resources behind bidding on and hosting all of these national conferences, the policy is always going to turn out this way. [Los Angeles Times]
* The FTC plans to file a sweeping antitrust suit against Amazon in a few weeks. It took a lot longer to deliver than a Prime package, but it’s worth the wait. [Bloomberg Law News]
* UK law firms worried that ChatGPT might be writing job applications. Oh no! How will firms survive once AI learns to write “I think my greatest weakness is that I care too much about the work.” [Law.com International]
* “Privacy Suit Says AI Could ‘Decide To Eliminate The Species.'” Or worse: cover letters. [Law360]
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Biglaw
Pyrrhic Victory Or Not, O'Melveny Wants Their $139 Million
It may have been more cost effective for everyone to settle this over a game of rock-paper-scissors. -
Morning Docket
Morning Docket: 06.07.23
* Department of Justice likely to get involved in PGA/LIV merger. Weird how spending major Biglaw dollars calling one of them a monopoly might backfire when you try to merge with them. [Law360]
* After inviting thorough mocking of their legal acumen, Harlan Crow’s lawyers at Gibson Dunn back away from original “let’s just do contempt” offer and suggest a meeting with Senate staffers. [NBC News]
* Speaking of… comparing Clarence Thomas to the “lowliest” federal worker is a stark reminder that John Roberts is running a cesspool of ethical compromise. [Bloomberg Law News]
* Batman defeats Italian designer in trademark dispute. Not that it matters… that guy will break out of Arkham and be designing clothes again within a couple months. [Reuters]
* “There Is One Group the Roberts Court Really Doesn’t Like.” Take a guess! It’s fun because there’s at least three or four groups it could be! [New York Times]
* Move over law firms, legal technology vendors poised to become next fashionable cyber target. [Legaltech News]
* A dive into K-Pop and contracts. [LegalCheek]
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Morning Docket
Morning Docket: 05.11.23
* The new US News rankings are out for everyone to complain about and the final tally of boycotting law schools rests at 63. Congratulations… the rankings make even less sense now than before because of you! [Law.com]
* On that note, the new US News rankings also devalued faculty expertise… right when institutions in GOP-led states are attacking tenure. Great job! [Chronicle of Higher Education]
* First Circuit tosses Varsity Blues conviction, which is great news for admissions officers looking to earn some on the side. [Law360]
* Dianne Feinstein returns to the Senate allowing the Judiciary Committee to sort of function again. And all it cost is some self-imposed elder abuse. [Bloomberg Law News]
* Fani Willis drops objection to Kimberly Debrow now that the lawyer has shed a couple more clients. Honestly unsure what’s worse: the prosecutor trying to get you kicked off the case or the prosecutor then deciding, “you know what… we’re happy to have you represent the defendants.” [NY Times]
* Antitrust is broken and willing prosecutors aren’t enough to fix it because corporate stooge judges make taking a case to trial poses too much risk. And Democratic nominees have been largely to blame. [American Prospect]
* University of Maryland forced to end its streaming service after being reminded that it doesn’t own its streaming rights. This is what happens when you try to come out of your shell. [Washington Post]
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Morning Docket
Morning Docket: 04.26.23
* Former sex crimes prosecutor breaks down the little things from the first day of Trump’s rape trial. [Daily Beast]
* John Roberts refuses to comply with Senate subpoena. But sometimes it’s worth setting off a constitutional crisis over… graft. [CNN]
* It’s sentencing day for Steve Bannon’s fake wall charity buddies! [Reuters]
* Almost twice as many young associates hope to make partner than in the same poll a couple of years ago. [American Lawyer]
* UK blocks Microsoft’s bid to takeover Activision Blizzard. At least prove they can push Starfield out the door before letting them run Call of Duty. [Bloomberg Law News]
* Expert witness tells jury that Juul knew it was marketing to kids. Juul’s manufacturer denies the charge while taking a deep drag of FrootLoops-flavored smoke from its glowing neon device. [Law360]
* New York on the brink of blocking criminal defense attorneys from timely access to key discovery so the governor can claim that it’s tough on crime for the handful of criminal defendants acquitted have worse odds. [New York Times]
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Government
Merrick Garland Is Just Like Us: He's A Huge Taylor Swift Fan
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Generative AI In Legal Work — What’s Fact And What’s Fiction?
Zach Warren from the Thomson Reuters Institute discusses the potential and the pitfalls. -
Morning Docket
Morning Docket: 02.27.23
* Should one admission be enough to practice in all federal courts? If we let a single judge in the middle of nowhere issue injunctions binding the whole country, we may as well let the lawyers practice across the country. [National Law Journal]
* Reddit stories are always a little suspect, but could this law student have lost a job over “bofadeez nutz” greeting? [LegalCheek]
* A pair of siblings have barricaded themselves in a room at their mom’s house and taken to TikTok after a Utah judge ordered them returned to their father AFTER the state child welfare agency concluded that the father sexually abused the kids. A lot of people just shouldn’t be allowed to be judges, y’all. [ProPublica]
* FTC ends its challenge to the Meta-Within deal. Remember this when we’re all stuck in Zuckerberg’s Metaverse hellscape in a few years. [Law360]
* Texas prosecutors can’t go after people for offering financial aid to women seeking abortion care in other states, which for some reason required a court ruling to clarify. [Reuters]
* States sue FDA over moves to limit abortion pill access, which the administration is limiting right as states crack down on reproductive health care. [Courthouse News Service]
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Courts
Justice Department Sues Huge Search Engine For Destroying Evidence During Antitrust Suit
This is not what GDPR meant by the right to be forgotten. -
Technology
The Missed Opportunities Of The Khan FTC Are Glaring
From the missed opportunities department. -
Morning Docket
Morning Docket: 02.15.23
* If you want vigorous antitrust enforcement, you’ve got to break a few eggs… or at least shed some Republican members of the FTC. The Federal Trade Commission’s Christine S. Wilson is leaving the agency over Chair Lina Khan’s leadership priorities. [Law360]
* The National Labor Relations Board may be changing course on a widespread anti-unionization tactic. The NLRB’s general counsel Jennifer Abruzzo’s latest advice memo takes aim at misleading statements by employers during unionization drives, looking to overturn precedent from 1985. [Corporate Counsel]
* Family of Emmett Till would really like the arrest warrant in his 1955 lynching served. And they’re filing a federal lawsuit to make it happen. [Law & Crime]
* After spending 28 years in prison for a crime he did not commit, Lamar Johnson is a free man. [Huffington Post]
* The Department of Justice would really like it if you couldn’t select exactly which far-right federal judge heard your case. Of course, the “worst judge in the United States” probably won’t end the practice that’s garnered him so much notoriety. [Vox]
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Courts
Antitrust Suit Sets Stage To See If Yale, Columbia, And Others Are Institutes Of Higher Learning Or Higher Income
The first red flag was the frequent mentioning of their parent's deep pockets in their diversity statement.
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Biglaw
Which Biglaw Firm Will Be Defending Google Against The Meanies At The DOJ?
Of course a Biglaw firm will be defending Google against antitrust allegations. -
Courts
The Justice Department Wants To Chop Google Down To Size
I can't prove that the DOJ recruited from former Ask Jeeves employees, but it would explain the passion. I miss that site. -
Morning Docket
Morning Docket: 01.25.23
* Google doesn’t think much of the government’s antitrust action. It might want to try a quick Bing search on antitrust law. [Reuters]
* Asking ChatGPT to write a poem about being a law student. [LegalCheek]
* Insiders may find it a little sketchy, but Goodwin coupling layoffs with a big lateral hire may be the norm in a market where the “recession” is only hitting specific groups. [Law.com]
* A deep dive into Sullivan & Cromwell’s cryptoexchange adventure. [Financial Times]
* Elon Musk testifies that publicly stating that he had “funding secured” when he had not, so much, “secured” any “funding” was “the right thing to do.” Juries appreciate a complete lack of remorse! [Law360]
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Biglaw, Sponsored Content
Flexible Staffing For Antitrust Boom
As law firms confront an influx of major antitrust matters, some of which will arise on short notice, flexible staffing is playing an important role in serving clients efficiently and effectively. -
Morning Docket
Morning Docket: 01.17.23
* Twitter who signed agreements committing them to private arbitration cannot pursue a class action against the company. Though the judge noted a few members of the proposed class had opted out of that agreement so the case lives on for the moment. Musk still unaware of the ruling because it’s buried under all the crap in the “For You” feed. [Reuters]
* The UK has blocked Scotland’s gender recognition law. Because post-Brexit the smartest thing England can do is further alienate Scotland and Northern Ireland. [CNN]
* FTC blows dusts off antitrust rule book like discovering ancient lore in an enchanted dungeon. Will address big box retailers getting massive discounts from manufacturers to maximize profit over smaller competitors. [Bloomberg]
* Tensions may be developing between Supreme Court justices. Amazing what happens when one wing of the Court fully abandons the law to be politicians. [The Atlantic]
* Over a third of legal workers hate their boss. Congratulations lawyers! I’d have expected a much higher number. [LegalCheek]
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Money
Now, That Is An Expensive Dollar! No, This Isn't About Associate Bonuses. You Should Read It.
Each day mediation makes more and more sense.