Good morning. Some legal experts say prosecutors will have a tough time proving Alec Baldwin’s criminal manslaughter charge over the death of cinematographer Halyna Hutchins on the “Rust” set. Plus: FTX’s Sullivan & Cromwell team will defend its work for the embattled crypto exchange at a key hearing today, and two big firms — Orrick and Buckley — are merging. TGIF! Were you forwarded this email? Subscribe here. |
New Mexico prosecutors likely face a tough road in proving actor Alec Baldwin is criminally liable in the shooting death of cinematographer Halyna Hutchins, legal experts told Jack Queen.
New Mexico District Attorney Mary Carmack-Altwies said her office will file involuntary manslaughter charges against the "30 Rock" actor following a more than year-long investigation into the October 2021 shooting. But legal experts said they were doubtful that a jury would convict Baldwin if the evidence shows the death was an accident that occurred despite safety precautions in place to prevent it. The most serious charge prosecutors are pursuing — which carries five years in jail — would likely require them to prove Baldwin was reckless, legal experts said.
Criminal liability is a "stretch," unless prosecutors "can show it was absolutely reckless in terms of the level of safety on set,” said defense lawyer and former New Mexico U.S. attorney John Anderson, who is not involved in the case. "Here it sounds like they had multiple safety checks built in," Anderson said.
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U.S. District Judge John Middlebrooks in Florida ordered Donald Trump and his attorneys to pay more than $937,000 in sanctions for suing Hillary Clinton over claims the 2016 presidential election was rigged. Middlebrooks threw out Trump's lawsuit in September. Trump’s attorneys are appealing that order, and a previous sanctions ruling, in the 11th Circuit. (Reuters)
- Trimeta Capital is accusing
Greenberg Traurig of ethical breaches in its work for the investment fund’s bid for
Church’s Texas Chicken, a top fast-food enterprise in the U.S. Greenberg Traurig is seeking in an arbitration proceeding to force Trimeta to pay more than $1.6 million in unpaid legal fees. (Reuters)
- Paul Hastings and one of its lead restructuring lawyers, Luc Despins, are seeking sanctions against a group of plaintiffs they claim is involved in an alleged campaign of harassment waged by Chinese businessman and media entrepreneur
Guo Wengui. (Reuters)
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An updated version of the bar exam is on track to debut in July 2026, but not all states are expected to use it right away. States will be able to choose between giving the new iteration of the attorney licensing exam or administering the existing one during a temporary transition period, the National Conference of Bar Examiners said. (Reuters)
- Legal software maker Exterro acquired e-discovery software provider Zapproved. Exterro said the deal will help law firms and corporate legal departments using the company’s data governance, risk and compliance software. (Reuters)
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That’s how many U.S. Supreme Court employees were interviewed by investigators in the aftermath of an extraordinary leak to the news media of Justice Samuel Alito’s draft ruling striking down Roe v. Wade. The report did not identify a specific source of the leak, noting that none of the 97 court employees confessed to the disclosure. The report criticized some of the court's internal security protocols. Investigators said they would continue to pursue any new leads.
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Not all confidential witnesses are created equal — at least, not in the eyes of the 5th Circuit. Such is the message of the appellate court’s ruling on Wednesday, reviving a shareholder class action against theme park developer Six Flags Entertainment that had been tossed because the trial judge said he was bound by precedent to discount detailed allegations from a well-placed confidential witness. The 5th Circuit said the discount — at least in the Six Flags case — was too steep. “Discount does not mean unfettered discretion to discard,” wrote Judge Leslie Southwick. “A court must consider the details in the description of the source and whether those details substantiate that the source has the necessary knowledge.” Alison Frankel has details on the ruling, which is good news for shareholder lawyers.
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"The title of the infringing work is My Poops, which is an obvious play on the name of the copyrighted composition, My Humps." |
—Music publisher BMG Rights Management, which sued toymaker MGA Entertainment in Manhattan federal court alleging MGA copied the song "My Humps" by the Black Eyed Peas (above) to market pooping and dancing unicorn dolls from its "Poopsie Slime Surprise" toy line. BMG, which is represented by Seth Berman of Abrams Fensterman, said the toy line has earned MGA tens of millions of dollars in part because of the song "My Poops," and asked the court for at least $10 million in damages. Representatives for MGA did not immediately respond to requests for comment.
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What to catch up on this weekend |
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Crypto exchange FTX will try to convince U.S. Bankruptcy Judge John Dorsey in Delaware not to bar law firm Sullivan & Cromwell from representing it amid allegations its prior work for the company creates a conflict of interest. The DOJ’s bankruptcy watchdog asked Dorsey not to approve the elite New York law firm, arguing that it had not disclosed sufficient information about its past ties to FTX. And former top FTX attorney Daniel Friedberg also opposed the firm’s hiring, saying it had conflicts of interest stemming from its U.S. general counsel, Ryne Miller, a former S&C partner. Miller tried to "channel a lot of business to S&C" and "looked forward to returning as a partner to S&C" after his stint at FTX, Friedberg wrote. Miller could not immediately be reached for comment late Thursday.
Elon Musk could be called to testify today in a jury trial over his 2018 tweet that he had "funding secured" to take electric carmaker Tesla private, which shareholders allege cost them millions in trading losses. The billionaire entrepreneur and Tesla CEO is listed as the third possible witness, after a securities expert and a Tesla investor, in the class action trial in San Francisco federal court. Musk, known for combative testimony, is expected to address why he has insisted he had Saudi investment backing for the deal, which never came together, and whether he knowingly made a materially misleading statement with his tweet.
Court calendars are subject to last-minute docket changes.
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Indiana's highest court appeared skeptical that the state's constitution protects a right to abortion, as the justices weighed a lawsuit by Planned Parenthood challenging the state's recent abortion ban. But it was not clear whether it would overturn a lower court's order preventing enforcement of the ban while the case proceeds. (Reuters)
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The Biden administration is supporting Jack Daniel's U.S. Supreme Court bid to revive a lawsuit alleging its famous whiskey-bottle design was unlawfully copied to market dog toys, arguing the 9th Circuit incorrectly found that VIP Product's "Bad Spaniels" toy was protected from Jack Daniel's trademark claims by the First Amendment of the U.S. Constitution. The U.S. Solicitor General's brief said VIP's toy should not have been immune from the lawsuit, and that the constitution "does not confer any right to use another person's trademark, or a confusingly similar mark, as a source identifier for goods sold in commerce." (Reuters)
U.S. District Judge Reed O'Connor in Texas ordered Boeing to appear in court on Jan. 26 to be arraigned on a 2021 felony charge after families of those killed in two fatal crashes objected to a 2021 plea deal. Boeing won immunity from criminal prosecution as part of its $2.5 billion January 2021 DOJ deferred prosecution agreement over a 737 MAX fraud conspiracy charge related to the plane's flawed design. (Reuters)
Microsoft lost its bid in Seattle federal court to force the IRS to release tens of thousands of records tied to an audit that the agency is conducting of the technology company. U.S. District Judge Ricardo Martinez in a pair of opinions concluded tax investigators were properly shielding records including some documents related to IRS contracts with Quinn Emanuel and Boies Schiller. (Reuters)
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Environmental groups sued the U.S. Maritime Administration to overturn its approval of a deepwater oil-export facility off the Texas Gulf Coast, saying it would boost oil-production and greenhouse gas pollution. The Sea Port Oil Terminal, owned by energy pipeline operator Enterprise Products Partners, would be the largest offshore export terminal in the United States. (Reuters)
The 9th Circuit will reconsider its earlier ruling requiring a school to recognize a Christian student club despite its objections to the club’s rule barring LGBTQ students from serving as leaders. The appellate court vacated a panel's 2-1 decision in August, finding the district violated the Fellowship of Christian Athletes' rights by revoking its status as an official high school student club. The full court will hear oral arguments in the case in March. (Reuters)
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Davis Polk picked up Jones Day’s mergers and acquisitions chair, James Dougherty, as a New York-based partner. (Reuters)
Clifford Chance hired Jill Christie in the firm’s London office as a U.S. securities and high-yield partner. She was previously at White & Case. (Reuters)
Goodwin Procter added London-based private equity and investment funds partner Jacqueline Eaves from Kirkland. (Reuters)
McGuireWoods brought on Brian Franklin as an energy partner in the firm’s Charlotte, North Carolina, office. He was previously managing director of regulatory affairs for North Carolina at Duke Energy. (McGuireWoods)
Blank Rome brought on Joseph Welch in Orange County, California, as a partner in the finance, restructuring and bankruptcy practice. He was previously at Buchalter. (Blank Rome)
Dechert hired private equity practitioner Nick Marchica in New York as a partner. He was previously at Allen & Overy. (Dechert)
- Greenspoon Marder added partner Kelly Purcaro in the firm’s litigation practice in Newark, New Jersey. She was previously at A.Y. Strauss. (Greenspoon Marder)
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The market challenges that the cannabis industry faced last year will likely continue throughout 2023, write Alex Malyshev and Sarah Ganley of Carter Ledyard & Milburn. But there are many developments expected, as states lead on reform and legalization efforts and FDA guidance on cannabidol (CBD) could be on the horizon. Here’s a recap of last year and what’s in store in the new year.
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