Good morning. The U.S. Supreme Court's opinion floodgate opened last week--and we're gearing up for more decisions soon. The Biden administration's DOJ jump-started its biggest move yet to defend voting rights, suing Georgia over its new restrictive election law. Former Minnesota police officer Derek Chauvin was sentenced to more than 22 years in prison for the murder of George Floyd, whose death spurred a national conversation about policing and race. And Johnson & Johnson has cut a deal with New York on the eve of this week's big opioid trial. Let's go!
Filling in for Nate Raymond today is Washington, D.C., legal affairs reporter Mike Scarcella, who focuses on antitrust and regulatory matters.
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Anonymous donors and voting rights: SCOTUS term nears end
The U.S. Supreme Court term is drawing to a close and we can expect one or more opinions likely this week. The court has five decisions left to publish, including two potential blockbusters on voting rights and anonymous donors.
The court's conservative justices in April appeared poised to spurn a California regulation that requires tax-exempt charities to tell the state about their top donors. Derek Shaffer, co-chairman of Quinn Emanuel's government and regulatory practice, advocated for the challengers, including Americans for Prosperity and the Thomas More Law Center. California deputy solicitor Aimee Feinberg defended the state.
There's lots of buzz about what the court will say anew about the Voting Rights Act, a centerpiece in the cases Brnovich v. Democratic National Committee and Arizona Republican Party v. Democratic National Committee. The court is weighing Republican-backed voting restrictions, and the court’s ruling could mean new hurdles to prove VRA violations.
The lawyers who advocated before the court in the Arizona case included two big names in appellate circles: Jones Day partner Michael Carvin for the Arizona Republican Party, and Jessica Amunson for Arizona Secretary of State Katie Hobbs, a Democrat. Amunson is co-chairman of Jenner & Block's appellate and Supreme Court practice.
Industry buzz
- A recent decision from the Georgia Supreme Court keeps open the possibility of disciplinary action against lawyers who are advising clients in the state’s marijuana industry. The legalized state sale of medical marijuana oil didn’t erase the fact the drug is criminalized on the federal level. (Atlanta Journal-Constitution)
- Stephen McAllister, who was the U.S. attorney for the District of Kansas until February and who previously served as Kansas' solicitor general from 2007 to 2018, is joining Dentons as counsel in the firm's litigation and dispute resolution practice in Kansas City. (Reuters)
- The law firm that high-profile personal injury lawyer Ross Cellino launched following his messy breakup with longtime Cellino & Barnes partner Stephen Barnes is facing financial problems. Buffalo, New York-based Cellino Law inform its lawyers that it will cut salaries, a decision it attributed to pandemic-prompted difficulties in getting cases. (Buffalo News)
- Covington & Burling, Hughes Hubbard & Reed and Jenner & Block are leading the pack in a new ranking of which of the 200 top grossing law firms in the United States performed the most pro bono work last year. (The American Lawyer)
- It's been five years since Silicon Valley law firm Fenwick & West opened its New York office with just six partners and two associates. Now the firm has 100 lawyers, including corporate partner Ian Goldstein. One of the firm's first attorneys in the New York office, Goldstein spoke with Sierra Jackson about its growth and the effects of the COVID-19 pandemic. (Reuters)
- Last week's law firm mergers news--involving Thompson Coburn making its New York debut and Crowell & Moring expanding in the Midwest--may have "opened the door" for tie-ups, one law firm consultant said. (The American Lawyer)
Number of the day:
22-1/2
Former Minnesota police officer Derek Chauvin was sentenced on Friday to 22-½ years in prison for the murder of George Floyd during an arrest in May 2020. A bystander’s video showing Chauvin with his knee pressed on Floyd's neck sparked outrage and protests around the country. Chauvin was found guilty at trial in April on unintentional second-degree murder, third-degree murder and second-degree manslaughter. Prosecutors sought a 30-year prison sentence, and Chauvin's defense team asked the judge for probation. (Reuters)
Legal Lookahead: Opioid court action moves to New York
A host of drug companies stand trial in Suffolk County, New York, this week for their alleged role in fueling the deadly opioid epidemic. And the co-founder of Jay-Z's record label will defend his right to auction his rights to the rapper's debut album as an NFT.
Reuters video journalist Tom Rowe gives you an early view of the week ahead in legal news. Watch the video. For a quick take on what's coming this week, listen to journalist Alex Cohen's audio Lookahead.
Coming up today
- Jurors will receive opening instructions in the first jury trial to result from the thousands of lawsuits seeking to hold drug makers and distributors responsible for the opioid epidemic. New York Attorney General Letitia James and two counties are suing companies including Teva Pharmaceutical Industries Ltd, McKesson Corp and AmerisourceBergen. Johnson & Johnson ahead of the trial's start on Saturday announced it would pay $263 million to settle the claims against it. Opening statements are expected Tuesday. Suffolk County Justice Jerry Garguilo is presiding over the trial in Central Islip.
- The 9th Circuit is set to hear oral arguments in an appeal in the case Native Village of Nuiqsut v. Bureau of Land Management. A lower court ruled for the bureau, which was sued over its approval of ConocoPhillips Alaska's plan for winter oil and gas exploration activities on a portion of the National Petroleum Reserve in Alaska. The plaintiffs contend the U.S. needed to take a closer look at environmental impact before any approval of the plan.
- U.S. District Judge John Tharp Jr. in Chicago is scheduled to sentence former Deutsche Bank trader Cedric Chanu on seven counts of wire fraud for manipulating the precious metals futures markets by placing fraudulent orders using a tactic known as spoofing. Prosecutors have said he should serve more than four years in prison, while Chanu's attorneys have asked for time served. A former colleague, James Vorley, was sentenced last week to a year and one day in prison.
- Akin Gump faces a deadline today in D.C. Superior Court to respond to a lawsuit from Washington lawyer Gary Silversmith, who alleged in April 2021 the firm did not fully pay him for the work he performed helping to recover millions of dollars in forfeited client funds. Silversmith is represented by Jason Wallach of Tayman Lane Chaverri, and Akin Gump is represented by partner Anthony Pierce, partner in charge of the firm’s Washington, D.C. office, and senior counsel Caroline Wolverton.
- The American Bar Association's antitrust section is set to present a panel discussion titled "Big Tech in the Cross-Hairs: Proposed Big Tech Antitrust Legislation." Debevoise & Plimpton counsel Erica Weisgerber in New York is slated to moderate. The four panelists are Kellie Kemp of Uber; Adam Kovacevich of Chamber of Progress; Jessica Melugin of Competitive Enterprise Institute; and Charlotte Slaiman of Public Knowledge. Newly appointed FTC Chairwoman Lina Khan on Thursday named some of her top staffers, including Holly Verdova as acting head of the competition bureau.
Later this week
- Manhattan District Attorney Cyrus Vance could announce charges as soon as this week against the Trump Organization in connection with fringe benefits it awarded a top executive, The New York Times and NBC News reported on Friday. Prosecutors have also been building a case against Allen Weisselberg, the chief financial officer of former President Donald Trump's family business. "It looks like they are going to come down with charges against the company and that is completely outrageous," Ron Fischetti, a lawyer for the Trump Organization, told NBC. Weisselberg is being defended by Mary Mulligan of Friedman Kaplan Seiler & Adelman. Learn more.
- U.S. District Judge Amit Mehta in D.C. on Tuesday will convene virtually for a status conference with the lawyers in the DOJ's blockbuster antitrust case against Alphabet Inc's Google. DOJ and a group of states accused the tech giant in October 2020 of violating competition law in search and search advertising. One of the topics the lawyers are expected to discuss is the state of discovery. There's been a fair amount of pretrial document production wrangling already.
- Also on Tuesday, trial is set to begin in New York in the antitrust case Valassis Communications Inc v. News Corp. The plaintiffs accuse News Corp of using "unethical, unfair, and anticompetitive strategies to prevent Valassis from gaining a foothold in the market for in-store advertising and promotions." U.S. District Judge P. Kevin Castel is presiding. Michael Shuster of Holwell Shuster & Goldberg represents Valassis, and Kenneth Gallo of Paul Weiss is on the team for News Corp.
- Lawyers for Theranos founder Elizabeth Holmes are scheduled to argue in San Francisco federal district court on Wednesday that the opinions of a clinical pathologist serving as a government expert should be excluded. Holmes’ lawyers at Williams & Connolly--including Lance Wade, Kevin Downey and Amy Saharia--said in a filing in November 2020 the expert’s "opinions raise more questions than answers." On June 18, Holmes’ lawyers renewed their bid to keep jurors from seeing her email communication with her and her company’s former firm Boies Schiller Flexner.
- On Thursday, U.S. District Judge John Cronan in Manhattan is set to hold a hearing in a dispute over plans by Roc-A-Fella Records co-founder Damon Dash to auction off his rights in fellow co-founder Jay-Z's debut album "Reasonable Doubt" as an "non-fungible token," or NFT. The record label's complaint argued Dash didn't individually own a copyright interest in the album, and Cronan temporarily blocked the sale June 22. The July 1 hearing is a show-cause for Dash to resist a preliminary injunction.
- Lawyers for Walmart Inc will head to federal court on Friday in San Francisco to fight claims by environmental group Greenpeace that the company labels some of its house-brand plastic products "recyclable" when that option is not available for most consumers. Greenpeace has alleged Walmart is violating California law. Walmart, represented by Shook, Hardy & Bacon, filed papers in March asking U.S. District Judge Maxine Chesney to toss the case.
This corporate partner doubles as an artisan mixologist
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Marc Kaliser Munck Wilson Mandala
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Marc Kaliser knows that one of the best ways to schmooze a new client is with a good drink. But Kaliser doesn't need to take his clients to a fancy bar. He can make high-quality margaritas "without all the sugar," gin martinis and negronis at the drop of a hat.
Kaliser, a corporate lawyer at Munck Wilson Mandala in Dallas since 2015, is a passionate mixologist. "If you put out three high-end bottles of gin, he can talk to you about them for 30 minutes," William Munck, the firm’s managing partner, told The Daily Docket.
Kaliser has loved hand-crafted cocktails ever since he visited Maison Premiere, a traditional cocktail and oyster bar in Brooklyn. He has spent hours teaching himself the ins and outs of mixology and studying up on various types of alcohol.
"I just started reading and researching a lot online, watching YouTube videos, buying cocktail books, and also just collecting various cocktail mixing gear," said Kaliser, who has never taken a professional mixology course.
Although Kaliser began his second career making cocktails for friends, it quickly turned into a great way to stay connected to clients and colleagues during their less than 2 month work-from-home order.
Now, Kaliser hosts an event called "cocktails and contracts" where attendees learn how to make the perfect cocktail. Obviously, moderation is key. "Those who enjoy this hobby always encourage quality over quantity and practicing safe, responsible drinking," Kaliser said.
Often, Munck Wilson will send attendees all the ingredients and materials for specific drinks, and Kaliser will hop on a webcam and host virtual classes. William Munck even tapped Kaliser to be the entertainment for his law school’s virtual alumni reception.
Kaliser never charges for what he does and only does virtual events when it "makes sense," but he definitely saw an uptick in the need for his services during the pandemic, as more people stayed in.
"This lawsuit is the first of many steps we are taking to ensure that all eligible voters can cast a vote. We are scrutinizing new laws that seek to curb voter access and when we see violations of federal law, we will act."
U.S. Attorney General Merrick Garland, announcing a new DOJ lawsuit challenging a Georgia state law that curbed absentee ballot identification requirements and restricted the use of drop-boxes for ballots. The DOJ's complaint was signed by Kristen Clarke, the assistant attorney general leading the civil rights division; Pamela Karlan, principal deputy assistant attorney general in the division; and Kurt Erskine, acting U.S. attorney for the Northern District of Georgia. Aileen Hughes, an assistant U.S. attorney in Atlanta, signed the complaint with Jasmyn Richardson, a civil rights trial attorney at Main Justice. (Reuters)
In the courts
- The U.S. Supreme Court justices on ruled that specially created corporations for Native Alaskans can receive COVID-19 relief aid, and the justices narrowed a class action against TransUnion over the credit reporting company’s flagging of names as matching some in a government database of suspected terrorists and drug traffickers.
- Lawyers from Skadden have begun making appearances for Willis Towers Watson in the DOJ's antitrust action in D.C. federal district court seeking to block insurance broker Aon plc's planned $30 billion acquisition. The Skadden team includes Karen Lent, head of the antitrust and competition group in Skadden's New York office. Skadden antitrust partner Matthew Martino also noted his appearance for Willis Towers. Six partners at Latham & Watkins recently noted their appearances for Aon.
- A Canadian court has rejected an effort from Huawei CFO Meng Wanzhou for a publication ban on new evidence her legal team received from HSBC in her U.S. extradition case. (Reuters)
- The 9th Circuit has given the Volkswagen a new chance to contest claims in court that the German automaker’s concealment of cheating on emissions tests defrauded bondholders. (Reuters)
- New York Attorney General Letitia James has moved to dismiss claims from the NRA that the state’s efforts to disband the gun rights advocate are unconstitutional. (Reuters)
- U.S. Magistrate Judge Jacqueline Scott Corley in San Francisco shut down a proposed class action against E*Trade Securities seeking to hold it liable over a system failure that prevented customers from dumping oil futures when the market collapsed at the beginning of the COVID-19 pandemic. (Reuters)
Columnist spotlight: SCOTUS takes 'takings' to a new level in union-busting decision.
SCOTUS takes 'takings' to a new level in union-busting decision. The U.S. Supreme Court veered from historical precedent last week in a pro-business ruling that further hampers organized labor and makes it harder for workers to unionize, Hassan Kanu writes. The court overturned a California regulation that had been in place since 1975 that allowed union organizers to enter corporate farms after giving notice and talk with employees for three non-working hours a day, during four 30-day periods each year. In striking down the regulation, a crowning achievement in a campaign by celebrated civil rights activist Cesar Chavez, the court went to unprecedented lengths in interpreting constitutional "takings" to the benefit of businesses. Find out more about the decision's implications.
Lawyer speak: How to classify a hard seltzer trademark
The U.S. Trademark Office makes a clear distinction between "beers" and "other alcoholic beverages," but in recent years, both beer companies and other alcoholic beverage companies have started to sell and promote hard seltzers. The classification of hard seltzers has brought up new trademark questions in the U.S and internationally, according to Joel Feldman of Greenberg Traurig. Feldman dives into the details about how the hard seltzer boom is causing a shake up in the trademark world and recommends that brands reevaluate their compliance efforts and management strategies. Read more.
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