Podcasts about wilmerhale

In recent weeks, President Trump has embarked on a campaign of extortion against law firms, pushing major firms to either reach agreements with the White House or face executive orders in retribution. A number of major firms have chosen to negotiate—agreeing to deals that are already under pressure as the White House seeks to extract more. Four firms—Perkins Coie, Jenner & Block, WilmerHale, and Susman Godfrey—have chosen to fight retaliatory executive orders in court and have secured temporary restraining orders against the administration. John Keker and Bob Van Nest joined the podcast to discuss these events. They're partners at the firm Keker, Van Nest & Peters, and—along with their fellow partner Elliot Peters—published an op-ed in the New York Times urging law firms to stand up for themselves. In conversation with Lawfare Senior Editor Quinta Jurecic, they discussed why the Trump administration's efforts pose such a threat to the rule of law and shared their insights into the dynamics inside law firms right now, what pressures might move a firm to capitulate, and what the firms that have chosen to fight are risking in the process.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/lawfare-institute.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

Dane DeKrey is a criminal defense attorney with the Moorhead-based lawfirm Ringstrom Dekrey. He recently signed onto an amicus brief in a legal fight over an executive order signed by President Donald Trump, which exacts retribution on a law firm Trump feels has wronged him. It does so by, among other punitive measures, revoking the firm's security clearances and prohibiting its personnel from entering government buildings. In his order, Trump accused the law firm WilmerHale of engaging "in obvious partisan representations to achieve political ends" and "the obstruction of efforts to prevent illegal aliens from committing horrific crimes and trafficking deadly drugs within our borders." But from another perspective, that's just engaging in the political process and representing criminal defendants. DeKrey says his support for the law firm isn't about politics. It's about principles. "I couldn't care less that this comes from Donald Trump," he said on this episode of Plain Talk. "I care that the rule of law is being questioned and as lawyers and as my law firm...we defend people who are not sympathetic the vast majority of the time. And if a person who is not sympathetic cannot call out for a lawyer and have someone answer, we are in a dangerous territory and I don't want to be there." Also on this episode, Sen. Kyle Davis, a Republican from Fargo, took a break from his work on the Appropriations Committee to talk to us about the progress toward funding a new state hospital in Jamestown, the challenges the state faces in delivering mental health services, and the debates over school choice policies and property taxes. He also commented on a last-minute amendment to the budget for the Office of Management and Budget to create a "life education committee" that would promote alternatives to abortion. The committee, which would be appointed by the governor and legislative leaders, would have $1.5 million in funding and would be tasked with contracting with a third party entity to provide pro-life education services. "I've always pushed back on bills that get added in the last minute," Davison said of the amendment, adding that he has "a bit of frustration in regards to it not being a standalone bill." "Those standalone bills that make it all the way through have had a minimum of four hearings, two of them in appropriations and they're better pieces of legislation because of it when they pass through like that," he said. "Especially when you're setting something up new and it's a new appropriation." He also said that lawmakers are mindful of last year's state Supreme Court ruling, which struck down the OMB budget from the 2023 session for not complying with the state constitution's single-subject mandate. "There is no question in my mind that we as a legislature are paying attention to that decision made by the Supreme Court in regards to the OMB budget," he said. This episode is brought to you by the North Dakota Petroleum Foundation, providing education and outreach opportunities related to the petroleum industry, advancing quality of life initiatives, and promoting and enhancing the conservation heritage of North Dakota. Learn more at www.NDPetroleumFoundation.org. If you want to participate in Plain Talk, just give us a call or text at 701-587-3141. It's super easy — leave your message, tell us your name and where you're from, and we might feature it on an upcoming episode. To subscribe to Plain Talk, search for the show wherever you get your podcasts or use one of the links below. Apple Podcasts | Spotify | YouTube | Pocket Casts | Episode Archive  

This Day in Legal History: Senate Approves Alaska PurchaseOn April 9, 1867, the United States Senate voted to ratify the Treaty with Russia for the Purchase of Alaska, approving the acquisition of the territory for $7.2 million. The deal, championed by Secretary of State William H. Seward, added over 586,000 square miles to U.S. territory. At the time, many Americans viewed the icy, remote land as a barren wasteland, mocking the transaction as “Seward's Folly” or “Seward's Icebox.” Despite public ridicule, Seward pursued the deal partly to prevent British expansion from neighboring Canada and to extend American commercial interests into the Pacific. Russia, for its part, saw little strategic or economic value in Alaska and feared it might lose the territory without compensation in a future conflict.The treaty passed in the Senate by a vote of 37 to 2, reflecting support among lawmakers despite popular skepticism. Legal authority for the purchase came through the treaty-making power of the executive branch, with Senate ratification required under Article II, Section 2 of the U.S. Constitution. Once finalized, the transfer of sovereignty occurred in October 1867 in Sitka, with a formal ceremony marking Russia's departure.Criticism of the purchase subsided decades later following the Klondike Gold Rush and, eventually, the discovery of significant oil reserves. These developments drastically changed the public's perception of Alaska from frozen liability to strategic asset. The purchase also helped lay the groundwork for America's growing influence in the Pacific and Arctic regions.President Donald Trump announced that major law firms pledging $340 million in pro bono work would assist his administration with coal industry initiatives and international tariff negotiations. Speaking at a White House event, Trump said these firms—such as Paul Weiss, Skadden, Milbank, and Willkie—would provide legal support for leasing and regulatory issues in coal mining, as well as in talks with foreign countries on trade. While he didn't specify which firms would take on specific tasks, Trump emphasized their legal talent and claimed they were offering services “for the right price.”The announcement coincided with Trump signing executive orders invoking the Defense Production Act to increase coal mining and directing investments into advanced coal technology. He also said the Department of Justice would be tasked with challenging state and local regulations he views as harmful to miners. The law firm agreements came after Trump targeted several legal firms with directives that threaten their business, prompting lawsuits from Perkins Coie, WilmerHale, and Jenner & Block. Trump posted the agreements on Truth Social, stating the firms would work on causes like veterans' rights and combating antisemitism, although details on how their roles will be determined remain unclear.Trump Says He'll Enlist Big Law Dealmakers for Coal, TariffsA group of 67 former top legal executives from companies like Microsoft, Intel, and Eli Lilly filed a legal brief condemning President Trump's executive orders targeting several major law firms. They argue that the orders violate the Constitution and threaten the independence of corporate legal counsel by coercing political loyalty through federal contract threats. The brief supports a lawsuit by Perkins Coie, one of the firms impacted by the orders, which claims the directives bar its attorneys from government buildings and jeopardize its clients' federal contracts.The former general counsels contend that Trump's actions don't just punish individual firms, but undermine the principle that companies should be free to choose their legal representation without fear of political retaliation. The brief highlights how the orders signal to businesses that hiring lawyers linked to Trump's critics could lead to government sanctions. Trump issued similar orders against WilmerHale and Jenner & Block, and all three firms have secured temporary legal blocks against the measures.While some firms like Paul Weiss struck deals with Trump to avoid penalties—agreeing to provide pro bono work for causes aligned with his administration—others have pushed back. Four days prior, hundreds of law firms submitted their own brief supporting Perkins Coie. Trump's administration defends the orders as efforts to stop perceived political bias in Big Law.Former top lawyers at major companies decry Trump orders against law firms | ReutersAn immigration judge has given the U.S. government through today to present evidence justifying the deportation of Mahmoud Khalil, a Columbia University student and lawful permanent resident. Khalil was arrested in New York and transferred to a detention facility in rural Louisiana, sparking concern over due process and free speech rights. At Tuesday's hearing, Judge Jamee Comans made it clear that if the government cannot prove Khalil is deportable, she will dismiss the case by Friday. She also criticized delays in sharing evidence and emphasized the importance of Khalil's due process rights.Khalil's lawyer, Marc Van Der Hout, claims the deportation effort is politically motivated and violates the First Amendment, suggesting that Khalil is being targeted for speaking out in support of Palestinians. The government argues Khalil should be deported under a Cold War-era law that allows removal if an immigrant is deemed a threat to U.S. foreign policy, and also accuses him of omissions on his green card application—charges he denies.The case has drawn national attention, including a crowded virtual courtroom. A separate habeas petition is also under consideration in federal court, and Khalil cannot be deported while that process plays out. His wife, a U.S. citizen who is expecting their child this month, has been unable to visit him due to her pregnancy.US given one day to show evidence for deporting Columbia University protester Khalil | ReutersA federal judge has ordered President Trump's White House to temporarily lift access restrictions on the Associated Press (AP) while a lawsuit challenging the ban moves forward. The Trump administration had barred AP journalists from events like Oval Office briefings and Air Force One trips after the agency refused to adopt Trump's preferred term, "Gulf of America," instead continuing to refer to the "Gulf of Mexico." U.S. District Judge Trevor McFadden, a Trump appointee, ruled that the First Amendment prohibits the government from excluding journalists based on viewpoint.The ruling, which takes effect Sunday to allow time for appeal, restores the AP's access to White House press events. McFadden emphasized that if some journalists are granted access, others cannot be denied for their editorial stance. The AP sued three senior Trump aides in February, claiming the restrictions were unconstitutional retaliation against protected speech and lacked due process.AP reporters testified that the ban hindered their ability to cover the president, while Justice Department lawyers argued that access to presidential spaces is a privilege, not a right. Press freedom groups and the White House Correspondents' Association welcomed the decision, calling it a win for independent journalism. The case remains ongoing, with a final ruling expected in the coming months.Judge lifts Trump White House restrictions on AP while lawsuit proceeds | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Liz and Andrew sit down with fellow legal podcaster Ken White, AKA “Popehat,” to discuss the Trump administration's attack on law firms. Who's fighting? Who's folding? And who's f—ed? Plus an update on the case of the Maryland man deported to a torture prison in El Salvador, and the legal effort to get him home. And for subscribers: The DC Circuit considers if Humphreys Executor is dead, or just mostly dead?    Links:   Serious Trouble Podcast https://podcasts.apple.com/us/podcast/serious-trouble/id1630160928   Wilcox docket (DC Cir) https://www.courtlistener.com/docket/69714705/gwynne-wilcox-v-donald-trump/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc   Abrego Garcia v Noem Docket (4th Cir) https://www.courtlistener.com/docket/69847836/kilmar-abrego-garcia-v-kristi-noem/   Perkins Coie Docket https://www.courtlistener.com/docket/69725919/perkins-coie-llp-v-us-department-of-justice/   Jenner & Block Docket https://storage.courtlistener.com/recap/gov.uscourts.dcd.278932/   WilmerHale Docket https://storage.courtlistener.com/recap/gov.uscourts.dcd.278933/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

This Day in Legal History:  Law for the Restoration of the Professional Civil ServiceOn April 7, 1933, the German government enacted the Law for the Restoration of the Professional Civil Service, a key early legal step in the Nazi regime's campaign to marginalize and exclude Jews and political dissenters from public life. The law targeted civil servants, stating that anyone who was not of “Aryan” descent or who held views deemed politically unreliable—especially Communists and Social Democrats—could be dismissed from government service. While phrased in bureaucratic language, the law was a thinly veiled act of political and racial purging. Jewish teachers, professors, judges, and other state employees were removed from their posts, some having served Germany for decades, including veterans of World War I.The law also gave the regime a tool to begin shaping state institutions along Nazi ideological lines. Its vague language about “unreliability” gave officials wide discretion to remove not only Jews but anyone who opposed the Nazis or failed to show sufficient loyalty. Although certain Jewish individuals were temporarily exempted under a “front-line fighter” clause—meant to placate concerns about fairness—the loophole would soon be closed in later legislation.This marked the first legal codification of anti-Semitism in Nazi Germany, providing a model for further exclusionary laws such as the 1935 Nuremberg Laws. It also demonstrated how laws could be used not only to formalize discrimination but to normalize it, embedding it into the everyday machinery of the state. By disguising oppression as administrative reform, the Nazi government laid the groundwork for a bureaucratic system of persecution that would escalate into far more violent phases in the years to come.Kirkland & Ellis, the world's highest-grossing law firm, is in negotiations with the Trump administration to avoid being targeted by an executive order similar to those issued against several of its competitors. The firm reportedly reached out to the White House proactively, hoping to strike a deal that would spare it from the penalties imposed on others—such as revoking security clearances, limiting federal access, or canceling client contracts.Other cowardly firms like Paul Weiss, Skadden Arps, and Milbank have already secured deals involving multimillion-dollar pledges for pro bono legal work aligned with White House priorities. These agreements also include commitments to avoid discriminatory diversity practices and to recruit ideologically diverse attorneys. Kirkland, though not yet the subject of an executive order, is one of 20 firms under Equal Employment Opportunity Commission scrutiny following Trump's directives.In 2024, Kirkland earned nearly $9 billion, with its lawyers playing key roles in major private equity and M&A deals, topping Bloomberg Law's transactional rankings. The firm's aggressive style and market dominance have made it a heavyweight in the legal world, and this move signals its intent to shield its interests amid the Trump administration's ongoing pressure campaign against firms seen as politically opposed.$9 billion in earnings is, apparently, not enough to buy a spine. Kirkland Talks Deal With Trump White House, Looks to Avoid OrderMore than 500 law firms have signed onto a court brief supporting Perkins Coie in its legal challenge against a Trump executive order that penalizes the firm over past political work and diversity policies. The brief, filed with U.S. District Judge Beryl Howell, criticizes what it describes as a dangerous effort to intimidate the legal profession, warning that legal representation of disfavored causes may now provoke government retaliation. Perkins Coie filed the lawsuit on March 11, following Trump's order targeting the firm for its past representation of Hillary Clinton's campaign and its internal diversity policies. Several firms targeted by similar orders—such as WilmerHale, Jenner & Block, and Covington & Burling—have either sued or signed the brief. Others, including once again the aforementioned Paul Weiss and Skadden Arps, reached deals with Trump to avoid formal action.Judge Howell has already blocked parts of Trump's order, calling it unconstitutional and a threat to the legal system's foundations. The White House maintains the orders are lawful exercises of presidential authority. The brief was spearheaded by former Obama Solicitor General Donald Verrilli, who now practices at Munger, Tolles & Olson, one of several prominent firms suing the administration over related matters. Many top law firms have stayed silent, but the growing backlash reflects broad concern about the use of presidential power to retaliate against legal opposition. Critics say the executive orders weaponize the law to chill dissent and undercut core legal protections.More than 500 law firms back Perkins Coie suit against punitive Trump order | ReutersA U.S. Department of Justice attorney has been placed on administrative leave after failing to defend the government's actions in a wrongful deportation case that a federal judge described as “wholly lawless.” The case involves Kilmar Abrego Garcia, a legally present Salvadoran migrant with a valid work permit, who was mistakenly deported despite a court order blocking his removal. U.S. District Judge Paula Xinis ordered that he be returned to Maryland and found no legal basis for his arrest, detention, or deportation, noting he had complied with all immigration requirements and had no criminal record.At a recent hearing, DOJ lawyer Erez Reuveni struggled to explain the deportation and admitted he lacked evidence justifying the government's actions. Attorney General Pam Bondi confirmed that Reuveni and his supervisor August Flentje have been sidelined from the case. The administration is appealing the order but has acknowledged in court filings that Abrego Garcia's deportation was a mistake.The deported man is now being held in a high-risk prison in El Salvador. The Trump administration has justified its actions by claiming gang affiliations, though there are no charges against Abrego Garcia. The case highlights broader concerns about due process and immigration enforcement under the current administration, with critics pointing to a pattern of ignoring legal protections in deportation proceedings.US sidelines DOJ lawyer involved in deportation case, which judge calls 'wholly lawless' | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History:  MLK AssassinatedOn April 4, 1968, civil rights leader Dr. Martin Luther King Jr. was assassinated while standing on the balcony of the Lorraine Motel in Memphis, Tennessee. King had traveled to Memphis to support striking sanitation workers, emphasizing his ongoing commitment to economic justice alongside racial equality. His death sent shockwaves through the United States, triggering riots in more than 100 cities and accelerating the passage of key civil rights legislation.King was a central figure in the American civil rights movement, having led campaigns against segregation, voter suppression, and economic inequality. His advocacy relied heavily on nonviolent protest and legal strategies that tested the limits of constitutional protections and federal civil rights enforcement. The assassination drew intense public scrutiny to the federal government's role in protecting civil rights activists.James Earl Ray, an escaped convict, was arrested and charged with King's murder. He pleaded guilty in 1969, avoiding a trial, but later recanted and sought to withdraw the plea. Controversy surrounding the investigation and conviction has persisted for decades, with some—including members of King's own family—questioning whether Ray acted alone or was part of a larger conspiracy.King's assassination directly influenced the U.S. Congress to pass the Civil Rights Act of 1968, also known as the Fair Housing Act, which prohibited housing discrimination based on race, religion, or national origin. The legislation had faced significant resistance before King's death but was passed just days afterward. His assassination also galvanized greater federal attention to civil rights enforcement under the Equal Protection Clause of the Fourteenth Amendment.A group of 12 Republican-led states, including Texas, Florida, and Missouri, has asked 20 major U.S. law firms to provide documentation on their diversity, equity, and inclusion (DEI) initiatives. The request, led by Texas Attorney General Ken Paxton, seeks to determine whether the firms' practices comply with federal and state anti-discrimination laws. In a letter sent Thursday, the states referenced recent concerns raised by the U.S. Equal Employment Opportunity Commission (EEOC), which had previously asked the same firms for similar information.Paxton cited potential violations of Title VII of the Civil Rights Act, alleging that some law firms may use hiring policies that prioritize race, sex, or other protected characteristics. He also pointed to possible state-level violations, including those related to deceptive trade practices. The letter specifically called out programs such as diversity fellowships and hiring goals aimed at increasing representation from historically marginalized groups.The states argue they have authority to investigate and enforce laws that prohibit employment discrimination, including policies that may inadvertently or intentionally favor individuals based on race or other traits. Firms named include top legal players like Kirkland & Ellis, Ropes & Gray, and Skadden, Arps.GOP-Led States Want 20 Law Firms to Disclose Their DEI PracticesRepublicans are considering a significant shift in tax policy by potentially introducing a new top tax bracket for individuals earning $1 million or more annually. The proposed rate, currently under discussion, would range from 39% to 40%, marking a departure from the party's longstanding resistance to tax increases. This idea is part of a broader effort to offset the cost of a multi-trillion dollar tax package being developed by Trump administration allies and Republican lawmakers.Also on the table is a return to the 39.6% top income tax rate previously enacted during the Obama administration, replacing the current 37% rate for high earners. The GOP aims to pass the new tax legislation within months, renewing provisions from the 2017 Tax Cuts and Jobs Act while incorporating new deductions and reforms to appeal to middle- and working-class voters.Treasury Secretary Scott Bessent has emphasized the urgency of making Trump's earlier tax cuts permanent and stabilizing markets following recent tariff announcements. The evolving plan reflects a broader ideological shift within the Republican Party toward more populist economic messaging.To help pay for the new tax measures, the proposal also includes eliminating the carried interest loophole used by hedge fund and private equity managers and expanding deductions such as those for car loan interest and tipped wages. Trump's campaign promises — including removing taxes on overtime pay and Social Security benefits — are being considered for inclusion as well.Republicans Debate Hiking Top Tax Rate to 40% For Millionaires - BloombergOver 300 law professors from top institutions, along with legal advocacy groups across the political spectrum, have filed court briefs supporting Perkins Coie in its lawsuit against an executive order issued by Trump. The order, signed on March 6, penalizes the law firm for its work with Hillary Clinton and its internal diversity policies by restricting its access to federal buildings, officials, and contracts. Professors from Yale, Harvard, and Stanford argued the order is unconstitutional and undermines the independence of the legal profession.Their brief warned that targeting a firm for political reasons threatens any lawyer or firm that chooses to oppose the president in court, calling the order a dangerous precedent. Advocacy groups such as the ACLU and the Cato Institute echoed that concern, labeling Trump's action an attack on the legal system and a threat to Americans' right to legal representation.The White House responded by defending the order as a lawful measure to align federal partnerships with the administration's policies, criticizing the lawsuit as an attempt to preserve "government perks." Meanwhile, the Justice Department has requested that a Washington federal judge dismiss the lawsuit. Other firms named in similar orders — Jenner & Block and WilmerHale — have also filed suits, while some, like Skadden Arps and Paul Weiss, have made agreements with the White House to avoid sanctions.Law professors, legal groups back Perkins Coie in lawsuit over Trump order | ReutersThis week's closing music comes from one of the most innovative and influential composers of the 20th century: Igor Stravinsky. Known for revolutionary works like The Rite of Spring and The Firebird, Stravinsky continually reinvented his style throughout his long career. Born in 1882 near St. Petersburg, Russia, and passing away on April 6, 1971, in New York City, Stravinsky's life spanned continents, world wars, and artistic upheavals. While he is best remembered for his large-scale ballets and orchestral works, he also composed for smaller forms, including a fascinating piece titled simply Tango.Composed in 1940, Tango marks Stravinsky's first original composition written entirely in the United States after his move from Europe. At the time, he was living in Hollywood and adapting to a new cultural and musical environment. The piece is short, dark, and rhythmically sharp—more brooding than danceable—and carries the flavor of the tango tradition filtered through Stravinsky's idiosyncratic, angular style. It was originally written for piano, though Stravinsky later orchestrated it.Tango reflects Stravinsky's interest in blending traditional forms with modernist dissonance and unpredictability. It's a brief but compelling listen that offers a very different side of a composer often associated with thunderous orchestras and ballet scandals. Its rhythmic complexity and stark character echo the uncertainties of the time it was written, just as World War II was escalating. The piece serves as a reminder that even in exile, Stravinsky continued to experiment, innovate, and absorb new influences. As we remember his death on April 6, Tango is a fitting close—wry, lean, and unmistakably Stravinsky.Without further ado, Igor Stravinsky's Tango — enjoy! This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This Day in Legal History: Smith v. AllwrightOn April 3, 1944, the United States Supreme Court delivered a landmark decision in Smith v. Allwright, reshaping the landscape of voting rights in the American South. The case centered on Lonnie E. Smith, a Black voter from Texas who was denied the right to vote in the Democratic Party's primary election due to a party rule that only allowed white voters to participate. At the time, the Democratic primary was the only meaningful election in many Southern states, as the party dominated politics, making exclusion from the primary tantamount to disenfranchisement.The Texas Democratic Party argued that, as a private organization, it had the right to determine its own membership and voting rules. However, the Court, in an 8–1 decision authored by Justice Stanley Reed, held that primaries were an integral part of the electoral process and could not be exempt from constitutional scrutiny. The justices concluded that excluding Black voters from primaries violated the Fifteenth Amendment, which prohibits racial discrimination in voting.This ruling effectively overturned the Court's 1935 decision in Grovey v. Townsend, which had upheld the use of white primaries. The Smith decision marked a critical step toward dismantling the legal architecture of Jim Crow voter suppression. While states continued to use other tactics to limit Black political power, the ruling energized civil rights activists and laid the foundation for future litigation.By reasserting federal authority over state electoral practices, Smith v. Allwright signaled a turning point in the judicial battle against racial segregation and disenfranchisement. It also demonstrated the Court's growing willingness to confront systemic racism in voting, a commitment that would deepen during the civil rights era. This case is remembered as one of the pivotal moments in the long struggle for voting rights in the United States.The U.S. Supreme Court largely upheld the FDA's authority to deny applications for flavored vaping products, supporting actions taken during the Biden administration under the 2009 Tobacco Control Act. The unanimous ruling rejected arguments from companies like Triton Distribution and Vapetasia LLC, which claimed the FDA unfairly imposed new testing requirements and ignored their marketing plans. These companies had applied to sell flavors like “Suicide Bunny Mother's Milk and Cookies” and “Killer Kustard Blueberry.”The Court found the FDA's approach consistent with its earlier guidance, despite claims from the 5th U.S. Circuit Court of Appeals that the agency had pulled a “regulatory switcheroo.” Justice Samuel Alito wrote the opinion, agreeing with most of the FDA's decisions but sending the case back to the appeals court to reassess whether the agency erred in refusing to consider the companies' marketing plans—an element the FDA had previously called “critical” for evaluating youth appeal.Though the ruling solidifies the FDA's regulatory role, its long-term impact is uncertain. President Trump, in furtherance of his undying effort to always be on the wrong side of everything, has promised to “save vaping,” though his campaign never clarified what that means in terms of future regulation. The case, FDA v. Wages and White Lion, leaves the appeals court to decide whether any procedural missteps by the FDA were ultimately harmless.Supreme Court Largely Backs Biden-Era FDA on Flavored Vapes (1)Elon Musk's time in Washington as head of the Department of Government Efficiency (DGE) appears to be nearing its end. Both Musk and President Trump have hinted that his departure is imminent, with Trump noting that DGE itself “will end.” Originally designed as a temporary advisory panel to cut federal costs, DGE has morphed into a more integrated part of the government, staffed with Musk allies tasked with canceling contracts and slashing budgets.However, signs of a wind-down are emerging. DGE staff are being reassigned to federal agencies, layoffs are underway, and the organization's influence seems to be diminishing. Musk, a special government employee limited to 130 working days per year, is approaching that limit, though neither he nor the administration has confirmed when his tenure will end.Musk's recent political involvement also took a hit when his preferred candidate for the Wisconsin Supreme Court lost, despite significant financial backing and a campaign visit. Tesla's 13% drop in quarterly sales adds further pressure. Trump praised Musk's contributions but acknowledged his corporate obligations, suggesting a graceful exit is likely rather than a public fallout.DGE had once shared leadership between Musk and Vivek Ramaswamy, but Ramaswamy left to run for Ohio governor. While Musk boasted about aiming to reduce the deficit by a trillion dollars, critics say the group's progress has been overstated. Despite speculation, Trump hasn't committed to keeping DGE operational post-Musk, indicating the administration may be moving to a new phase of governance.Musk could be headed for a Washington exit after turbulent times at Trump's DOGE | AP NewsPresident Donald Trump announced a new agreement with law firm Milbank, marking another chapter in the growing divide among U.S. law firms over how to handle pressure from his administration. According to Trump's Truth Social post, Milbank initiated the deal, which includes a commitment to provide $100 million in pro bono legal services for causes like veterans' support and combating antisemitism.The agreement comes amid a broader Trump administration effort to punish firms that have opposed or challenged his policies. Several law firms—such as Perkins Coie, WilmerHale, and Jenner & Block—have filed lawsuits seeking to block executive orders they claim were retaliatory and violated constitutional protections of free speech and due process. Federal judges recently issued temporary blocks on parts of those orders.In contrast, other firms including Paul Weiss, Skadden Arps, and Willkie Farr have opted for settlement-style deals with the administration to avoid similar sanctions. Milbank's chairman, Scott Edelman, reportedly described the agreement as aligned with the firm's values and praised the productive talks with the administration.This situation underscores a growing rift in the legal community: some firms are resisting what they see as political coercion, while others are choosing cooperation to preserve their standing with the federal government.Trump reaches agreement with Milbank law firm | ReutersPresident Trump announced a sweeping new tariff policy during a Rose Garden press conference, unveiling a "reciprocal" trade strategy aimed at countering what he described as decades of unfair treatment by U.S. trading partners. Holding a copy of a government report titled Foreign Trade Barriers, Trump declared that the U.S. will now impose tariffs that are approximately half the rate other countries charge American exports—but with a minimum baseline tariff of 10%, and many rates going significantly higher.Countries hit with new tariffs include:* China: 34%* European Union: 20%* Japan: 24%* South Korea: 25%* Switzerland: 31%* United Kingdom: 10%* Taiwan: 32%* Malaysia: 24%* India: 26%* Brazil: 10%* Indonesia: 32%* Vietnam: 46%* Singapore: 10%Trump also confirmed a 25% tariff on all foreign-made automobiles, stacking on the above-referenced rates, effective at midnight, and pointed to motorcycle tariffs as a key example of longstanding trade imbalances. He argued that U.S. manufacturers face rates as high as 75% abroad, while the U.S. imposes just 2.4%.The president justified the move as necessary to protect American jobs and industry, singling out countries like Canada and Mexico for benefiting from U.S. subsidies and defense spending. Detroit autoworker Brian Pannebecker spoke in support, calling Trump's actions a hopeful step toward revitalizing shuttered factories.While Trump emphasized that the tariffs fall short of full reciprocity to avoid overwhelming allies, he made clear the era of what he called “economic surrender” was over. The announcement included plans to sign an executive order formalizing the new tariff regime, which boosted U.S. stock futures as markets reacted positively to the aggressive trade stance. Oh no I'm sorry, I got that wrong: stock futures tanked.  This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Eugene Volokh and Jane Bambauer discuss President Trump's Executive Orders that target major law firms (such as WilmerHale and Jenner & Block). The orders target the firms for retaliation based largely on their past support of various left-wing legal causes. Do those Orders violate the firms' (and their clients') Free Speech Clause or Petition Clause rights? Might they also violate the Fifth Amendment's Due Process Clause (in civil cases) and the Sixth Amendment right to counsel (in criminal cases)? Recorded on March 31, 2025.

And then there were three. Two more big law firms have sued the Trump administration for issuing executive orders punishing firms that Donald Trump doesn't like for one reasons or another. Paul Clement, former United States Solicitor General in the George W. Bush administration, is representing WilmerHale, one the the punished law firms. Attorney Clement wrote: " The President's sweeping attack on WilmerHale (and other firms) is unprecedented and unconstitutional." Glenn discusses these new legal developments and the implications for the rule of law if Trump is allowed to abuse his power by bullying law firms of his choice.If you're interested in supporting our all-volunteer efforts, you can become a Team Justice patron at: / glennkirschner If you'd like to support Glenn and buy Team Justice and Justice Matters merchandise visit:https://shop.spreadshirt.com/glennkir...Check out Glenn's website at https://glennkirschner.com/Follow Glenn on:Threads: https://www.threads.net/glennkirschner2Facebook: https://www.facebook.com/glennkirschner2Instagram: https://www.instagram.com/glennkirsch...Bluesky: https://bsky.app/profile/glennkirschn...TikTok: https://www.tiktok.com/glennkirschner2See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

A great divide is developing. ----- Following the Paul Weiss surrender we discussed last week, Skadden preemptively followed suit agreeing to commit $100M in pro bono payola to the MAGA cause. Bringing to light some embarrassing email policies in the process. But other Biglaw firms showed a little more life, with Jenner & Block and WilmerHale suing the administration over its retaliatory executive orders. And a major firm announced an end to on-campus recruiting, which seems like a bad policy for both students and the firm.  

And then there were three. Two more big law firms have sued the Trump administration for issuing executive orders punishing firms that Donald Trump doesn't like for one reasons or another. Paul Clement, former United States Solicitor General in the George W. Bush administration, is representing WilmerHale, one the the punished law firms. Attorney Clement wrote: " The President's sweeping attack on WilmerHale (and other firms) is unprecedented and unconstitutional." Glenn discusses these new legal developments and the implications for the rule of law if Trump is allowed to abuse his power by bullying law firms of his choice.If you're interested in supporting our all-volunteer efforts, you can become a Team Justice patron at: / glennkirschner If you'd like to support Glenn and buy Team Justice and Justice Matters merchandise visit:https://shop.spreadshirt.com/glennkir...Check out Glenn's website at https://glennkirschner.com/Follow Glenn on:Threads: https://www.threads.net/glennkirschner2Facebook: https://www.facebook.com/glennkirschner2Instagram: https://www.instagram.com/glennkirsch...Bluesky: https://bsky.app/profile/glennkirschn...TikTok: https://www.tiktok.com/glennkirschner2See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

A great divide is developing. ----- Following the Paul Weiss surrender we discussed last week, Skadden preemptively followed suit agreeing to commit $100M in pro bono payola to the MAGA cause. Bringing to light some embarrassing email policies in the process. But other Biglaw firms showed a little more life, with Jenner & Block and WilmerHale suing the administration over its retaliatory executive orders. And a major firm announced an end to on-campus recruiting, which seems like a bad policy for both students and the firm.   Learn more about your ad choices. Visit megaphone.fm/adchoices

Beginning in February, President Donald Trump issued a series of orders targeting law firms that he claims have engaged in “conduct detrimental to critical American interests.” The firms named in the orders — Covington & Burling, Paul Weiss, Perkins Coie, Jenner & Block, and WilmerHale — have previously represented clients or hired lawyers that opposed Trump and his administration. Several firms have brought lawsuits to challenge the executive actions, while others have sought deals with the White House. Ad-free podcasts are here!Many listeners have been asking for an ad-free version of this podcast that they could subscribe to — and we finally launched it. You can go to ReadTangle.com to sign up!You can read today's podcast⁠ ⁠⁠here⁠⁠⁠, our “Under the Radar” story ⁠here and today's “Have a nice day” story ⁠here⁠.Take the survey: What do you think about President Trump's orders targeting law firms? Let us know here.You can subscribe to Tangle by clicking here or drop something in our tip jar by clicking here. Our Executive Editor and Founder is Isaac Saul. Our Executive Producer is Jon Lall.This podcast was written by Isaac Saul and edited and engineered by Dewey Thomas. Music for the podcast was produced by Diet 75.Our newsletter is edited by Managing Editor Ari Weitzman, Senior Editor Will Kaback, Hunter Casperson, Kendall White, Bailey Saul, and Audrey Moorehead. Our logo was created by Magdalena Bokowa, Head of Partnerships and Socials. Hosted on Acast. See acast.com/privacy for more information.

Time to round up the latest in lawsuits against the Trump administration. The trans military ban is blocked. Renditioning Venezuelans to El Salvador without due process is blocked. The shutdown of the CFPB is blocked. The shutdown of the US Inst of Peace … not blocked. Yet! Liz and Andrew run down a bunch of the Trump cases and explain why it seems like every day brings another restraining order. (Hint: It's because Trump wants to do lots of illegal stuff in a hurry.)   Links: Name & Shame https://www.lawandchaospod.com/p/name-and-shame   Shilling v. Trump Docket https://www.courtlistener.com/docket/69617888/shilling-v-trump/   Jenner & Block v. DOJ Docket https://www.courtlistener.com/docket/69807126/jenner-block-llp-v-us-department-of-justice/   WilmerHale v. Executive Office of the President  Docket https://www.courtlistener.com/docket/69807328/wilmer-cutler-pickering-hale-and-dorr-llp-v-executive-office-of-the/   Georgetown students' letter to Skadden https://bsky.app/profile/heidilifeldman.bsky.social/post/3llon26enmc2o   US v. Sanders (5th Cir. 2025) https://www.ca5.uscourts.gov/opinions/pub/15/15-31114-CR0.pdf   Eakin v. Adams County Board of Elections Docket https://www.courtlistener.com/docket/65738841/eakin-v-adams-county-board-of-elections/   J.G.G. v. Trump (D.D.C. - Judge Boasberg - Alien Enemies Act) docket https://www.courtlistener.com/docket/69741724/jgg-v-trump/   Trump v. JGG (SCOTUS Docket) https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24a931.html   US Institute for Peace v. Jackson Docket https://www.courtlistener.com/docket/69754533/united-states-institute-of-peace-v-jackson/    NTEU v. Vought (DDC docket) https://www.courtlistener.com/docket/69624423/national-treasury-employees-union-v-vought/?   NTEU v. Vought (DC Cir Appeal) https://www.courtlistener.com/docket/69821739/national-treasury-employees-union-v-russell-vought/ Show Links: https://www.lawandchaospod.com/ BlueSky: @LawAndChaosPod Threads: @LawAndChaosPod Twitter: @LawAndChaosPod  

This Day in Legal History: Civilian Conservation Corps Created by FDROn this day in legal history, March 31, 1933, President Franklin D. Roosevelt signed Senate Bill S. 598, creating the Civilian Conservation Corps (CCC) as part of his sweeping New Deal agenda. The CCC was a rapid-response effort to the economic devastation of the Great Depression, designed to provide immediate employment to young, unemployed men. Within weeks of its creation, the program began enrolling thousands, ultimately putting over 3 million men to work during its nine-year run.The CCC operated under the Department of Labor, War Department, and Department of Agriculture, reflecting its blend of social welfare, environmental stewardship, and federal coordination. Workers were paid $30 per month, $25 of which was sent home to support their families—a vital lifeline during a time of widespread poverty. Projects included reforestation, flood control, soil erosion prevention, and the construction of trails and facilities in national and state parks.Legally, the CCC represented an expansion of federal authority into economic and environmental realms, and it raised constitutional questions about the scope of executive power during peacetime. While the Supreme Court would later strike down some New Deal programs, the CCC escaped judicial invalidation, in part due to its voluntary nature and its framing as a public works program rather than a federal jobs guarantee.The CCC's legal structure helped shape future federal employment and environmental programs, and it laid the groundwork for later conservation efforts like the Soil Conservation Service and aspects of the Environmental Protection Agency. March 31, 1933, thus marks not just the birth of a New Deal agency, but a foundational moment in the legal history of federal labor and environmental law.The U.S. Supreme Court will hear arguments in a case brought by the Catholic Charities Bureau, a nonprofit linked to the Catholic Diocese of Superior, Wisconsin, seeking a religious exemption from the state's unemployment insurance tax. The group, along with four of its subsidiaries, argues that the state's denial of the exemption violates the First Amendment's protections for religious freedom and church autonomy. Wisconsin law allows such exemptions only for organizations "operated primarily for religious purposes," a standard the state Supreme Court ruled the charities failed to meet due to their primarily secular social service work.The Catholic Charities Bureau, founded in 1917, provides services like job placement and home visits for people with disabilities but does not require employees or service recipients to be Catholic. After one of its affiliates was granted an exemption in a separate case, the Bureau and other affiliates sought similar treatment in 2016. The Wisconsin Supreme Court's 2024 decision upheld the tax requirement, stating the group's activities were charitable rather than religious.The case has broader implications for how courts distinguish between religious and secular work, with critics warning that a ruling in favor of the charities could allow large religiously affiliated organizations to bypass many government regulations, jeopardizing benefits for hundreds of thousands of workers. The decision is expected by the end of June. The Court is also set to hear a related case on April 30 concerning a proposed taxpayer-funded religious charter school in Oklahoma.US Supreme Court to hear Catholic group's bid for Wisconsin unemployment tax exemption | ReutersCatholic Charities Case Poised to Shape Religious Tax ExemptionsTwo federal judges have temporarily blocked major parts of executive orders issued by President Donald Trump targeting law firms Jenner & Block and WilmerHale, which had been involved in legal efforts against his administration. The firms sued the Trump administration, arguing that the orders violated constitutional protections of free expression and due process. U.S. District Judge John Bates criticized Trump's order against Jenner & Block as “reprehensible,” especially for targeting the firm's pro bono work on behalf of immigrants and transgender individuals. He warned the order threatened the firm's existence by aiming to cancel its clients' federal contracts and restrict access to federal facilities and courts.In a separate ruling, Judge Richard Leon blocked similar provisions in the order against WilmerHale, calling it retaliatory and a threat to the public interest and justice system. However, he allowed a clause suspending the firm's security clearances to stand. Trump has signed orders targeting five law firms to date, and several—including Perkins Coie—have already challenged them in court with partial success.Meanwhile, law firms Skadden Arps and Paul Weiss reached deals with the White House to avoid being targeted. Skadden agreed to provide $100 million in pro bono legal work and implement merit-based hiring, while Paul Weiss pledged $40 million toward mutually agreed causes. The executive orders mainly cited the firms' past involvement in investigations into Trump, especially the Mueller probe. Critics argue the orders are politically motivated attempts to punish opposition and intimidate legal advocates.Judges block Trump orders targeting two law firms as Skadden cuts deal | ReutersTwo labor agency officials fired by President Donald Trump—Gwynne Wilcox of the National Labor Relations Board and Cathy Harris of the Merit Systems Protection Board—will not be immediately reinstated, following a decision by a divided panel of the U.S. Court of Appeals for the D.C. Circuit. The court declined to pause its earlier order that temporarily blocked lower court rulings which had reinstated the officials. Judges Karen Henderson and Justin Walker sided with the administration, while Judge Patricia Millett dissented.This legal battle tests the limits of presidential authority to remove officials from independent agencies, despite statutory protections meant to insulate them from political pressure. While trial courts previously ruled the firings were unlawful, the appeals court has halted those decisions from taking effect for now. The panel's latest order did not include an explanation of its reasoning.Wilcox and Harris may still ask the full D.C. Circuit to reconsider the panel's ruling, but Sunday's denial of an administrative stay could influence their next steps. Meanwhile, a broader decision on whether Congress can limit the president's power to fire certain agency officials is expected to be taken up in oral arguments scheduled for May 16. The issue could eventually reach the U.S. Supreme Court, given its potential to reshape the balance of power between the executive branch and independent federal agencies.Fired Agency Officials Lose Attempt at Immediate ReinstatementFrench antitrust regulators fined Apple €150 million (about $162.4 million) for abusing its dominant market position through its App Tracking Transparency (ATT) tool, marking the first time any regulator has penalized the company over this feature. The ATT tool, introduced by Apple on iPhones and iPads, allows users to control which apps can track their activity. While Apple framed it as a privacy measure, digital advertisers and mobile gaming companies argued it made advertising more difficult and disproportionately impacted smaller publishers reliant on third-party data.The French Competition Authority found that while privacy protection is a legitimate goal, Apple's implementation of ATT was neither necessary nor proportionate and unfairly favored its own services. The decision followed complaints from several advertising and media associations, who hailed the ruling as a major win for their industries.Despite the fine, Apple is not currently required to change the tool's design. However, regulators emphasized that it is Apple's responsibility to ensure compliance going forward. Apple, expressing disappointment with the decision, noted that investigations into ATT are ongoing in other European countries including Germany, Italy, Poland, and Romania.Apple hit with $162 million French antitrust fine over privacy tool | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Marc Elias joins to discuss the legal smackdown dealt against Trump's grudge-filled crusade against private law firms. Plus, Delaware Sen. Chris Coons on his call for Defense Secretary Pete Hegseth to resign for his role in the Signal-gate security fiasco.

*** Take your personal data back with Incogni! Use code OPENING at the link below and get 60% off an annual plan: http://incogni.com/opening *** OA1143 - In the past month, Donald Trump has issued a series of truly fascist orders targeting some of the country's best-known law firms for crimes ranging from hiring people Trump doesn't like personally to doing some favors for special counsel Jack Smith to flagrantly hiring non-white non-men. What is actually in these orders, and how bad is it that one of leading litigation firms in the country gave in to Trump's demands without  a fight? And what will it mean for the already-overloaded immigration court system when they start going after immigration lawyers as they have also promised? Former NYC Biglaw associate (and current NYC public defender) Liz Skeen joins to help us to understand this uniquely un-American moment in American legal history. (UPDATE: This episode was recorded shortly before news broke about the Trump administration taking action against major US law firms Wilmer Hale and Skadden Arps.) Addressing Risks From Jenner & Block (3/25/25) Addressing Remedial Action by Paul Weiss (3/25/25) Preventing Abuses of the Legal System and the Federal Court (3/22/25) Addressing Risks From Paul, Weiss (3/14/25) Addressing Risks from Perkins Coie LLC (3/6/25) Suspension of Security Clearances and Evaluation of Government Contracts (Covington & Burling LLP)(2/25/25) “Complicity in the Perversion of Justice: The Role of Lawyers in Eroding the Rule of Law in the Third Reich,” Cythnia Fountaine, St. Mary's Journal of Legal Ethics (2020)  Check out the OA Linktree for all the places to go and things to do! To support the show (and lose the ads!), please pledge at patreon.com/law!

Today's Headlines: The Group Chatgate saga escalates—WSJ reports that classified Israeli intelligence, including details on a Houthi missile expert, was leaked in the Signal chat before a U.S. strike. Meanwhile, the White House says Elon Musk and his DOGE team will “investigate” how this chat leak happened. Trump's latest executive order targets law firm WilmerHale over its ties to Robert Mueller, stripping its federal clearances and contracts. Meanwhile, his administration continues its crackdown on foreign students—two PhD candidates with legal visas were detained, and Secretary of State Marco Rubio admitted to revoking 300+ student visas for alleged protest involvement. Trump also announced sweeping 25% tariffs on foreign cars and parts, which analysts warn will hike prices by $4,000–$15,000 per vehicle. Over at HHS, RFK Jr. is slashing another 10,000 jobs and restructuring key health agencies. In Congress, Speaker Mike Johnson suggested defunding entire federal courts in response to rulings against Trump. The administration is withdrawing Elise Stefanik's UN nomination to keep her in Congress amid two competitive Florida special elections. Finally, the Florida state legislature is moving to weaken child labor laws—allowing 14-year-olds to work overnight and removing meal break guarantees for teens—just as labor shortages grow under Trump's immigration policies. Resources/Articles mentioned in this episode: The Independent: Trump names ‘first buddy' and DOGE head Elon Musk to investigate Signal blunder WSJ: Trump Targets Robert Mueller's Former Law Firm in Latest Executive Order CNN: Rumeysa Ozturk: What we know about the Tufts University student detained by federal agents  NY Times: ICE Agents Detain University of Alabama Doctoral  Reuters: StudentRubio says US may have revoked more than 300 visas  CNBC: Trump's new auto tariffs will likely drive up car prices by thousands of dollars  WSJ: RFK Jr. Plans 10,000 Job Cuts in Major Restructuring of Health Department  Mike Johnson: Speaker Mike Johnson floats eliminating federal courts as GOP ramps up attacks on judges  Axios: Trump pulls Elise Stefanik's nomination after last-minute panic  CNN: Florida debates lifting some child labor laws to fill jobs vacated by undocumented immigrants  Morning Announcements is produced by Sami Sage alongside Bridget Schwartz and edited by Grace Hernandez-Johnso Learn more about your ad choices. Visit megaphone.fm/adchoices

As I stand outside the courthouse on this chilly March morning in 2025, I can't help but reflect on the whirlwind of legal proceedings that have surrounded former President Donald Trump over the past few months. It's been a rollercoaster ride of verdicts, appeals, and new indictments that have kept the nation on the edge of its seat.Just last week, we saw the conclusion of Trump's New York case, where he was found guilty on 34 felony counts of falsifying business records. Justice Juan Merchan sentenced Trump to unconditional discharge on January 10th, a surprisingly lenient outcome that left many legal experts scratching their heads.But the drama didn't end there. The federal cases against Trump in Washington D.C. and Florida took unexpected turns after his 2024 election victory. Special Counsel Jack Smith's case in Florida was dismissed by Judge Aileen Cannon, who ruled that Smith's appointment was improper. The Justice Department's subsequent appeal was dropped in November, effectively ending that prosecution.Meanwhile, the D.C. case faced its own hurdles. Judge Tanya Chutkan vacated the original trial date while the Supreme Court considered Trump's immunity claim. When the high court remanded the case back to the district court in August, it seemed the trial might proceed. However, in a shocking turn of events, Judge Chutkan granted the government's unopposed motion to dismiss the case in December.As if these developments weren't enough, Trump's administration has been busy issuing controversial executive orders. Just yesterday, he signed an order suspending security clearances for employees of the law firm WilmerHale, citing national security concerns and accusing the firm of partisan activities.But perhaps the most intriguing case on the horizon is set to unfold next week. On March 24th, the D.C. Circuit Court of Appeals will hear oral arguments in a case known as J.G.G. et al. v. Donald Trump et al. While details are scarce, this case could potentially challenge some of Trump's recent executive actions.As I watch the lawyers and journalists rush into the courthouse, I can't help but wonder what new legal twist awaits us today. One thing's for certain: the Trump trials continue to captivate the nation, reshaping our understanding of presidential power and the limits of the law.

This Day in Legal History:  Wong Kim Ark becomes Wong Kim ArkOn March 28, 1898, the U.S. Supreme Court issued a landmark decision in United States v. Wong Kim Ark, affirming that a child born in the United States to Chinese immigrant parents was a U.S. citizen by virtue of the Fourteenth Amendment. Wong Kim Ark was born in San Francisco in 1873 to Chinese nationals who were legally residing in the U.S. but ineligible for naturalization due to prevailing immigration laws. After a visit to China in 1895, he was denied re-entry on the grounds of the Chinese Exclusion Act, which severely restricted immigration from China and barred Chinese nationals from becoming citizens.The Court rejected the government's argument that children of Chinese immigrants were not subject to U.S. jurisdiction and thus not entitled to birthright citizenship. In a 6–2 decision, the Court held that the Fourteenth Amendment guaranteed citizenship to nearly all individuals born on U.S. soil, regardless of the nationality or immigration status of their parents. This decision established a major precedent for interpreting the Citizenship Clause of the Fourteenth Amendment and reinforced the principle of jus soli, or right of the soil.The ruling came during a period of intense anti-Chinese sentiment, when the Chinese Exclusion Act of 1882 and its extensions aimed to restrict Chinese immigration and civil rights. Wong Kim Ark was a significant rebuke to efforts that sought to limit the constitutional rights of U.S.-born children of immigrants, and it laid the foundation for future interpretations of birthright citizenship.The Senate's vote to repeal the Consumer Financial Protection Bureau's $5 cap on overdraft fees is a clear signal: protecting bank profits matters more to Senate Republicans than shielding consumers from predatory financial practices. With a 52-48 vote, Republicans—joined by only one Democrat—moved to dismantle a regulation designed to curb exploitative overdraft charges that routinely hit working-class Americans the hardest.This isn't a technical policy disagreement—it's a choice to side with an industry that routinely charges Americans up to $35 for covering small shortfalls, even when the overdrafted amount is often less than the fee itself. The CFPB's rule was narrow, targeting only large banks and credit unions with more than $10 billion in assets, and still allowed higher fees if justified by actual costs. It was a modest, evidence-based consumer protection measure.The financial industry's immediate lawsuit and the GOP's use of the Congressional Review Act to kill the rule reveal the coordinated effort to preserve a lucrative revenue stream. The overdraft fee fight is just one piece of a broader Republican strategy to roll back protections the CFPB has implemented—protections meant to hold powerful financial institutions accountable.No one should mistake this vote as anything other than what it is: an effort by Senate Republicans to keep consumers on the hook, ensuring that banks and credit unions can continue bleeding them dry in the name of "choice" and "flexibility"—buzzwords that conveniently mask an enduring deference to corporate power. They'll couch these kinds of moves in language of fairness–pretending they ensure lower-income consumers are given access to these financial instruments. A moment's reflection, however, makes it clear that even under their best dressed reasoning they're looking to enable banks to charge exorbitant fees to account holders in precarity. Senate Votes to Repeal CFPB's $5 Cap on Bank Overdraft Fees (1)Yesterday, President Donald Trump issued an executive order against the prominent law firm WilmerHale, following its connections to Robert Mueller, the former special counsel who led the investigation into Russian interference in the 2016 election. The order directs federal agencies to cancel contracts with WilmerHale's clients, revoke lawyers' security clearances, and restrict access to U.S. government buildings. This is part of a broader strategy targeting law firms with ties to Mueller's investigation, including Perkins Coie, Paul Weiss, and Jenner & Block.Trump criticized Mueller's investigation as an example of government overreach, labeling it as politically motivated. In addition to its ties to Mueller, Trump also accused WilmerHale of discriminatory practices in its diversity programs, echoing similar claims against other law firms earlier this month. The firm, which has a long-standing history of handling high-profile cases, responded by labeling the order unlawful and vowed to seek appropriate remedies.WilmerHale, a major player in litigation with over 1,100 lawyers, represents a variety of high-profile clients, including Gilead, Comcast, and Meta Platforms. The firm has also been involved in cases challenging actions taken by the Trump administration, fueling further tensions. Notably, Trump also targeted other firms for their involvement in the Russia investigation and opposition research, but some, like Paul Weiss, have managed to have orders rescinded by agreeing to specific terms, including providing legal services aligned with Trump's agenda.Trump Hits WilmerHale With Executive Order Over Mueller Ties (2)Trump targets another law firm, citing ties to Robert Mueller | ReutersA federal judge has temporarily blocked the Trump administration from enforcing a Labor Department rule that would force grant recipients to abandon their diversity, equity, and inclusion (DEI) programs. The decision, issued by U.S. District Judge Matthew Kennelly in Chicago, halts a two-week enforcement window of a January executive order that required organizations receiving federal funds to certify they don't operate any DEI initiatives—even those unrelated to their grants.The case was brought by Chicago Women in Trades (CWIT), a nonprofit that trains women for skilled labor jobs and receives federal funding. The judge sided with CWIT's argument that the DEI restriction violates First Amendment protections, noting that such a rule could pressure grantees into self-censorship. Kennelly also blocked the Labor Department from terminating CWIT's funding under Trump's directive to eliminate “equity-related grants,” though this protection applies only to CWIT and not nationwide.Kennelly's order represents a legal pushback against Trump's broader effort to dismantle DEI initiatives across government agencies and contractors. While a federal appeals court recently upheld a temporary ban on DEI programs in federal agencies and contracting businesses, this ruling suggests courts may scrutinize how far the administration can go in policing DEI-related activity outside direct federal oversight.The ruling underscores an emerging legal battleground over free speech, anti-discrimination law, and the limits of executive authority in regulating DEI efforts.Judge blocks Trump's Labor Department from requiring grant recipients to abandon DEI | ReutersA federal judge has ordered the Trump administration to preserve Signal messages exchanged by top officials regarding planned military strikes in Yemen. The messages, inadvertently shared with a journalist from The Atlantic, revealed internal discussions involving Defense Secretary Pete Hegseth and CIA Director John Ratcliffe about timing and targets of attacks against the Houthi militant group. U.S. District Judge James Boasberg's ruling mandates that all Signal messages sent between March 11 and March 15 be retained by the agencies involved.The order came in response to a lawsuit filed by American Oversight, a government watchdog group, which argued that the use of auto-deleting messaging apps like Signal violated federal record-keeping laws. The lawsuit doesn't focus on the national security aspects of the disclosure but rather on the legal obligation of government agencies to preserve official communications.The controversy deepened after Attorney General Pam Bondi publicly criticized Boasberg, accusing him of political bias and claiming he was attempting to obstruct Trump's agenda. Trump himself has previously called for Boasberg's impeachment after the judge blocked a deportation policy targeting Venezuelan migrants—an action later upheld by an appeals court.The White House has not commented on the matter, but the episode has sparked scrutiny over the administration's handling of sensitive military planning and whether efforts to bypass official communication channels undermine transparency and accountability.Judge orders Trump administration to preserve Yemen attack plan messages | ReutersThis week's closing theme is by Sergei Rachmaninoff.This week's closing theme is one of the most beloved and instantly recognizable moments in all of classical music: Variation XVIII from Rhapsody on a Theme of Paganini, Op. 43 by Sergei Rachmaninoff, in a solo piano arrangement by Schultz. Rachmaninoff composed the Rhapsody in 1934 during his later years in exile from Russia, blending his romantic sensibilities with virtuoso brilliance. The work is a set of 24 variations on the 24th Caprice by Niccolò Paganini, itself a legendary theme known for dazzling technical demands.While most of the piece is fiery and rhythmic, the 18th variation stands apart—lyrical, sweeping, and emotionally expansive. In fact, it's a musical inversion of Paganini's theme, reimagined as a lush romantic melody that seems to rise straight out of the piano's depths. Rachmaninoff himself admitted it was his favorite part of the piece, and it's easy to understand why: it's tender, grand, and full of longing.This solo arrangement by Schultz pares down the orchestral drama but keeps all the expressive power, letting the piano sing with full-hearted warmth. The variation has since transcended its classical origins, appearing in films, commercials, and pop culture, yet it never loses its emotional punch. It's the kind of music that doesn't need explanation—it just resonates.Rachmaninoff, ever the late Romantic in a century veering toward modernism, poured his soul into his music. This variation, placed deep in a virtuosic whirlwind, emerges like a moment of clarity—an unguarded confession in a storm. Let it carry you out this week. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

This week, Olivia is joined by Joint Managing Director Ben Girdlestone to discuss the latest updates on Trump's ongoing battle with big law, including his recent executive order against WilmerHale. They also cover the news that Linklaters is on track to meet its gender diversity targets with the promotion of 34 new partners.Thank you for Listening!

For law students, a summer associate position can help define the kind of law they practice and the path they forge through the legal profession. From building connections with associates and prominent partners to taking on challenging assignments, the experiences of a summer associate can provide a preview of the work they will take on in the future. In the first-ever live recording of In the Public Interest, co-hosts Felicia Ellsworth and Michael Dawson are joined by Partners Tiffany J. Smith, Nana Wilberforce and Drew Dulberg—who started their careers as summer associates at the firm—and over 100 of the firm's summer associates from offices across the country. During their conversation, all three partners offer an inside look into the firm's summer associate program and offer advice for law students and attorneys early in their careers. They also discuss their experiences as summer associates and how these experiences and the lessons they learned have shaped their careers.

The world of business development and marketing in law firms is constantly changing as professionals work to adapt to new challenges, integrate technology, and redefine the ways to meet client needs.  Today on the CMO Series Podcast, James Barclay is joined by Joe Palermo, Chief Operating Officer at Crowell & Moring, and Greg Fleischmann, Director of Client Development at WilmerHale, to discuss the major shifts that are shaping the legal marketing profession for the next few years. Joe, Greg and James cover:  The last 5 years in legal marketing and the biggest shift within the profession How the role of marketing is changing in law firms The challenges and opportunities of taking on more client-facing roles  How the role of CMO will potentially evolve in law firms in the next few years The key skills necessary for CMOs to thrive in 2025 and beyond How integrating AI tools can enhance client services and operational efficiency in legal marketing Advice for law firm leaders looking to adapt and equip their marketing and BD functions in the future

In this episode of the New York City Bar Association podcast, moderated by Jerome Walker, two legal experts, Tiffany Smith from WilmerHale and Stuart Levy from Skadden Arps, analyze President Trump's January 23rd, 2025 Executive Order on Strengthening American Leadership in Digital Financial Technology. They compare it with President Biden's previous executive order, discussing the balance between innovation and risk, potential impacts on the digital assets industry, regulatory clarifications, and international competition. The experts also emphasize the need for balanced, cautious optimism while engaging with both federal and state regulators. If you're interested in learning more about cryptocurrency and regulatory treatment of digital financial technology, join us for the City Bar's Crypto Institute on March 11 (https://services.nycbar.org/Institute/ and available thereafter on-demand). Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events. 00:29 Overview of President Trump's Executive Order 06:36 Discussion on Regulatory Environment 09:47 Advice for Stakeholders and Lawyers 22:24 State-Level Responses to Executive Order 28:28 International Perspective on Digital Assets 33:17 Policy Debate on Digital Asset Laws 37:23 Comparing Biden and Trump Administration Approaches 40:17 Future of Digital Asset Regulation 51:46 Conclusion and Closing Remarks

For some people, retirement is an opportunity to kick back and finally relax. But for Roger M. Witten, it was a chance to finally tackle that book he'd been thinking about writing. With a little help from longtime friends and colleagues, Legal Briefs: The Ups and Downs of Life in the Law was born.   Witten's aim was to reach a general audience and given them an idea about what a life in the law could look like outside the most well-known bounds of a criminal justice, Law & Order career. The result is a series of short, digestible anecdotes from 20 attorneys, talking about memorable cases, clients and conundrums they had. A reader could flip to any chapter in Legal Briefs and spend an enjoyable 5-10 minutes getting a snapshot from a contributor's career.   Witten himself shares how he became an assistant special prosecutor for the Watergate Special Prosecution Force in the 1970s. In this episode of the Modern Law Library, he tells host Lee Rawles about defending a wise guy client code-named Ted, who nicknamed Witten "Witless" and threw a party with a banner reading "Ted - 1, FBI - 0" when they reached a successful plea agreement.   Many of the contributors to the book of essays were involved in government litigation and complex corporate matters. Witten himself was one of the foremost litigators handling Foreign Corrupt Practices Act cases, and before his retirement was a senior litigation partner in WilmerHale's New York office.   In this episode he also shares his perspective as a former Watergate prosecutor on current events within the federal government since the Trump Administration began, and recounts his experience with the late Sen. John McCain while defending campaign finance reforms.

For some people, retirement is an opportunity to kick back and finally relax. But for Roger M. Witten, it was a chance to finally tackle that book he'd been thinking about writing. With a little help from longtime friends and colleagues, Legal Briefs: The Ups and Downs of Life in the Law was born.   Witten's aim was to reach a general audience and given them an idea about what a life in the law could look like outside the most well-known bounds of a criminal justice, Law & Order career. The result is a series of short, digestible anecdotes from 20 attorneys, talking about memorable cases, clients and conundrums they had. A reader could flip to any chapter in Legal Briefs and spend an enjoyable 5-10 minutes getting a snapshot from a contributor's career.   Witten himself shares how he became an assistant special prosecutor for the Watergate Special Prosecution Force in the 1970s. In this episode of the Modern Law Library, he tells host Lee Rawles about defending a wise guy client code-named Ted, who nicknamed Witten "Witless" and threw a party with a banner reading "Ted - 1, FBI - 0" when they reached a successful plea agreement.   Many of the contributors to the book of essays were involved in government litigation and complex corporate matters. Witten himself was one of the foremost litigators handling Foreign Corrupt Practices Act cases, and before his retirement was a senior litigation partner in WilmerHale's New York office.   In this episode he also shares his perspective as a former Watergate prosecutor on current events within the federal government since the Trump Administration began, and recounts his experience with the late Sen. John McCain while defending campaign finance reforms. Learn more about your ad choices. Visit megaphone.fm/adchoices

For some people, retirement is an opportunity to kick back and finally relax. But for Roger M. Witten, it was a chance to finally tackle that book he'd been thinking about writing. With a little help from longtime friends and colleagues, Legal Briefs: The Ups and Downs of Life in the Law was born.   Witten's aim was to reach a general audience and given them an idea about what a life in the law could look like outside the most well-known bounds of a criminal justice, Law & Order career. The result is a series of short, digestible anecdotes from 20 attorneys, talking about memorable cases, clients and conundrums they had. A reader could flip to any chapter in Legal Briefs and spend an enjoyable 5-10 minutes getting a snapshot from a contributor's career.   Witten himself shares how he became an assistant special prosecutor for the Watergate Special Prosecution Force in the 1970s. In this episode of the Modern Law Library, he tells host Lee Rawles about defending a wise guy client code-named Ted, who nicknamed Witten "Witless" and threw a party with a banner reading "Ted - 1, FBI - 0" when they reached a successful plea agreement.   Many of the contributors to the book of essays were involved in government litigation and complex corporate matters. Witten himself was one of the foremost litigators handling Foreign Corrupt Practices Act cases, and before his retirement was a senior litigation partner in WilmerHale's New York office.   In this episode he also shares his perspective as a former Watergate prosecutor on current events within the federal government since the Trump Administration began, and recounts his experience with the late Sen. John McCain while defending campaign finance reforms.

Speaker: Gregory Fox, Wayne State UniversityDate: Friday Lunchtime Lecture - Friday 24 January 2025Summary: Does international law place any constraints on a possible Ukraine-Russia peace agreement? While we can only speculate about its contents, two aspects appear certain: Ukraine will be asked to relinquish (at a minimum) territory now occupied by Russia, and it will only contemplate entering into an agreement because Russia invaded its territory. Professor Fox will examine the implications of these and other factors for the validity of an agreement.Gregory H. Fox is a Professor of Law at Wayne State University School of Law, where he is the Director of the Program for International Legal Studies. Professor Fox is an elected member of the American Law Institute. He has been a Visiting Professor at the University of Michigan Law School and the Universidad Iberoamericana in Mexico City, a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University, a Fellow at the Max Planck Institute for Public International Law and Comparative Public Law in Heidelberg, Germany, and a Fellow at the Schell Center for Human Rights at Yale Law School, among other institutions. Professor Fox has written widely on a variety of international law topics, including civil war peace agreements, the powers of the UN Security Council, international occupation law, international control of territory, and international efforts to promote democratic governance. His most recent article, Of Looting, Land and Loss: The New International Law of Takings, was published in Volume 65 of the Harvard International Law Journal. Professor Fox was co-counsel to the State of Eritrea in the Zukar-Hanish arbitration with the Republic of Yemen concerning the status of a group of islands in the southern Red Sea. He has also served as counsel in several human rights cases in US courts. Professor Fox was the recipient of a MacArthur Foundation/Social Science Research Council Fellowship in International Peace and Security. He began his career in the Litigation Department of the firm Hale & Dorr, now WilmerHale. He is a graduate of Bates College and New York University Law School.

Speaker: Gregory Fox, Wayne State UniversityDate: Friday Lunchtime Lecture - Friday 24 January 2025Summary: Does international law place any constraints on a possible Ukraine-Russia peace agreement? While we can only speculate about its contents, two aspects appear certain: Ukraine will be asked to relinquish (at a minimum) territory now occupied by Russia, and it will only contemplate entering into an agreement because Russia invaded its territory. Professor Fox will examine the implications of these and other factors for the validity of an agreement.Gregory H. Fox is a Professor of Law at Wayne State University School of Law, where he is the Director of the Program for International Legal Studies. Professor Fox is an elected member of the American Law Institute. He has been a Visiting Professor at the University of Michigan Law School and the Universidad Iberoamericana in Mexico City, a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University, a Fellow at the Max Planck Institute for Public International Law and Comparative Public Law in Heidelberg, Germany, and a Fellow at the Schell Center for Human Rights at Yale Law School, among other institutions. Professor Fox has written widely on a variety of international law topics, including civil war peace agreements, the powers of the UN Security Council, international occupation law, international control of territory, and international efforts to promote democratic governance. His most recent article, Of Looting, Land and Loss: The New International Law of Takings, was published in Volume 65 of the Harvard International Law Journal. Professor Fox was co-counsel to the State of Eritrea in the Zukar-Hanish arbitration with the Republic of Yemen concerning the status of a group of islands in the southern Red Sea. He has also served as counsel in several human rights cases in US courts. Professor Fox was the recipient of a MacArthur Foundation/Social Science Research Council Fellowship in International Peace and Security. He began his career in the Litigation Department of the firm Hale & Dorr, now WilmerHale. He is a graduate of Bates College and New York University Law School.

Speaker: Gregory Fox, Wayne State UniversityDate: Friday Lunchtime Lecture - Friday 24 January 2025Summary: Does international law place any constraints on a possible Ukraine-Russia peace agreement? While we can only speculate about its contents, two aspects appear certain: Ukraine will be asked to relinquish (at a minimum) territory now occupied by Russia, and it will only contemplate entering into an agreement because Russia invaded its territory. Professor Fox will examine the implications of these and other factors for the validity of an agreement.Gregory H. Fox is a Professor of Law at Wayne State University School of Law, where he is the Director of the Program for International Legal Studies. Professor Fox is an elected member of the American Law Institute. He has been a Visiting Professor at the University of Michigan Law School and the Universidad Iberoamericana in Mexico City, a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University, a Fellow at the Max Planck Institute for Public International Law and Comparative Public Law in Heidelberg, Germany, and a Fellow at the Schell Center for Human Rights at Yale Law School, among other institutions. Professor Fox has written widely on a variety of international law topics, including civil war peace agreements, the powers of the UN Security Council, international occupation law, international control of territory, and international efforts to promote democratic governance. His most recent article, Of Looting, Land and Loss: The New International Law of Takings, was published in Volume 65 of the Harvard International Law Journal. Professor Fox was co-counsel to the State of Eritrea in the Zukar-Hanish arbitration with the Republic of Yemen concerning the status of a group of islands in the southern Red Sea. He has also served as counsel in several human rights cases in US courts. Professor Fox was the recipient of a MacArthur Foundation/Social Science Research Council Fellowship in International Peace and Security. He began his career in the Litigation Department of the firm Hale & Dorr, now WilmerHale. He is a graduate of Bates College and New York University Law School.

Jeremy Robbins is the Executive Director of the American Immigration Council. Previously, Jeremy spent more than a decade building New American Economy, the think tank and advocacy organization founded by Michael Bloomberg to make the economic case for smarter immigration policies, as NAE's first and sole Executive Director. Prior to that, Jeremy served as a policy advisor and special counsel in the Office of New York City Mayor, a judicial law clerk on the United States Court of Appeals, a Robert L. Bernstein International Human Rights Fellow working on prisoners' rights issues in Argentina, and a litigation associate at WilmerHale in Boston, where he was part of the firm's team representing six Bosnian men detained at Guantanamo Bay, Cuba. Jeremy received a JD from Yale Law School and a BA in political science from Brown University. In this episode, you'll hear about: Challenges and reforms in U.S. immigration policy Examination of border management and immigration efficiency Impact of enforcement spending and immigration court backlogs Role of undocumented workers in the U.S. economy Advocacy for a startup visa and immigration change American Immigration Council's efforts in supporting immigrant communities Follow and Review: We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Supporting Resources: Linkedin - https://www.linkedin.com/in/jeremy-adam-robbins Website - https://www.americanimmigrationcouncil.org/  Email - jrobbins@immcouncil.org Alcorn Immigration Law: Subscribe to the monthly Alcorn newsletter Sophie Alcorn Podcast: Episode 16: E-2 Visa for Founders and Employees Episode 19: Australian Visas Including E-3 Episode 20: TN Visas and Status for Canadian and Mexican Citizens Immigration Options for Talent, Investors, and Founders Immigration Law for Tech Startups eBook Alcorn Academy course for best practices for securing the O-1A visa, EB-1A green card, or the EB-2 NIW (National Interest Waiver) green card—the top options for startup founders. Use promotion code EAB20 for 20% off the enrollment fee.

This Day in Legal History: William Rehnquist BornOn October 1, 1924, William Hubbs Rehnquist, the 16th Chief Justice of the United States, was born in Milwaukee, Wisconsin. Appointed to the Supreme Court in 1972 by President Nixon, Rehnquist became a polarizing figure, known for his staunch conservatism and originalist approach to the Constitution. His judicial philosophy often focused on restricting federal authority and bolstering states' rights, positions that critics argued rolled back civil rights protections and hindered federal progress on social justice issues. In 1986, President Reagan elevated Rehnquist to Chief Justice, a decision that pushed the Court further right. At his swearing-in, Reagan hailed him as a defender of constitutional values, but opponents viewed his appointment as the solidification of an increasingly reactionary judiciary. The same ceremony saw Antonin Scalia, another conservative, sworn in, signaling a shift that would influence rulings on affirmative action, voting rights, and church-state separation.Rehnquist's tenure included controversial rulings, notably his role in Bush v. Gore (2000), which critics argue undermined democratic principles by halting the Florida recount and effectively deciding a presidential election. His leadership on the Court was also marked by decisions that curtailed congressional power under the Commerce Clause, weakening federal authority in areas like civil rights and environmental regulation. While his supporters celebrated him as a guardian of limited government, his legacy remains contentious, with lasting impacts on the Court's direction and the balance between federal and state power.A fun Rehnquist fact is that you'll see in any official pictures or portraits of him as Chief Justice, his sleeves have yellow arm bands. Rehnquist insisted on adding four gold stripes on each sleeve to distinguish himself from the associate justices. He was inspired by the costume of the Lord Chancellor in a production of the Gilbert and Sullivan opera Iolanthe. Rehnquist's addition of the stripes was an unusual departure from the traditional plain black robes worn by justices, and it became a symbol of his unique approach to the role.New York Mayor Eric Adams has brought on three high-profile litigators as he faces federal criminal charges. William Burck, a former George W. Bush White House lawyer and current Fox Corp. board member, is one of the lawyers advising Adams. Burck, known for representing figures like Stephen Bannon and Don McGahn, joins Quinn Emanuel Urquhart & Sullivan partners John Bash III and Avi Perry on Adams' defense team. Alex Spiro, a partner at Quinn Emanuel with experience defending high-profile clients like Elon Musk, is leading the defense. The charges involve allegations that Adams accepted lavish travel perks and had improper ties to the Turkish government. Adams has denied wrongdoing and vowed to continue as mayor while fighting the charges. His legal team has requested the case's dismissal.Meanwhile, a legal defense fund for Adams has paid over $877,000 to law firm WilmerHale, and several staffers have left his administration amid ongoing investigations. Additionally, Theresa Hassler was recently appointed general counsel for the Mayor's Fund to Advance New York City, a nonprofit under scrutiny for its fundraising practices.Ex-Bannon Lawyer With Fox News Ties Joins NYC Mayor Defense TeamToday, on October 1, 2024, a Georgia judge will hear a challenge from Democrats against new election rules introduced by the Republican-led Georgia Election Board. These rules, approved in August, allow county officials to investigate discrepancies in vote counts and scrutinize election-related documents before certifying results. Democrats argue that these changes, which came just before the November 5 election, are designed to erode trust in the process and could delay certification. The rules were backed by three board members who are allies of Donald Trump, who continues to challenge his 2020 loss in Georgia. Trump has praised these board members for their efforts to increase election security, though critics, including Republican Secretary of State Brad Raffensperger, say the changes could undermine voter confidence and strain election workers.A separate lawsuit was also filed to block a new requirement for a hand count of ballots. Democrats contend that these rules create confusion and provide too much leeway for local officials to investigate alleged fraud, potentially delaying results. The trial in Fulton County Superior Court is part of a broader national focus on battleground states like Georgia, where both Republicans and Democrats are intensely focused ahead of the upcoming presidential election.Challenge by US Democrats to Georgia election rules goes to trial | ReutersAs artificial intelligence (AI) continues to transform industries, more U.S. law firms are appointing executives to lead AI initiatives. Akin Gump Strauss Hauer & Feld and McDermott Will & Emery both announced new AI leadership hires, with Akin appointing Jeff Westcott as director of practice technology and AI innovation, and McDermott hiring Christopher Cyrus as director of AI innovation. These moves reflect the growing belief that AI will have a permanent role in the legal profession, particularly in areas like research, drafting legal documents, and reducing administrative tasks.Law firms are responding to client expectations and the surge in AI technologies, which have expanded dramatically in the past two years. Other firms, such as Covington & Burling, Latham & Watkins, and Reed Smith, have similarly created AI and data science roles since the rise of tools like ChatGPT. Westcott will focus on how Akin Gump can strategically invest in AI technology, assessing whether to develop tools in-house, purchase products, or partner with vendors.Additionally, legal AI startup Harvey's chief strategy officer, Gordon Moodie, transitioned to Debevoise & Plimpton as a partner specializing in mergers and acquisitions. These developments underscore the legal industry's growing focus on AI integration as firms aim to remain competitive and adapt to technological advances.More US law firms turn to executives for AI leadership roles | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Years after they published the Mueller investigation findings, lawyers Aaron Zebley and Andrew Goldstein take the public behind the scenes. Zebley has served as an Assistant US Attorney in the Eastern District of Virginia, an FBI agent, and chief of staff to Robert Mueller at the FBI. He's now a partner at Wilmer Hale. Goldstein is the former chief of the public corruption unit at SDNY, and is now a partner at the law firm Cooley. They're co-authors of the new book, Interference: The Inside Story of Trump, Russia, and the Mueller Investigation.  Plus, can prosecutors prove the second would-be assassin's intent to kill former President Trump? How long is too long for legal briefs? And… can I ask you a question?  For show notes and a transcript of the episode head to: https://cafe.com/stay-tuned/trump-mueller-report-interference-zebley-goldstein/  Have a question for Preet? Ask @PreetBharara on Threads, or Twitter with the hashtag #AskPreet. Email us at staytuned@cafe.com, or call 669-247-7338 to leave a voicemail. Stay Tuned with Preet is brought to you by CAFE and the Vox Media Podcast Network. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Itsiq Benizri, counsel in WilmerHale's Brussels office, joins Kevin Frazier, Assistant Professor at St. Thomas University College of Law and a Tarbell Fellow at Lawfare, to review the shocking and significant resignation of former European Commissioner Thierry Breton. Breton served as the EU's commissioner for the internal market and played a major role in shaping and enforcing the EU's digital regulations.To receive ad-free podcasts, become a Lawfare Material Supporter at www.patreon.com/lawfare. You can also support Lawfare by making a one-time donation at https://givebutter.com/c/trumptrials.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

On this episode of Gen X Amplified, I am joined by Stephen Bailey, Stephen is the CEO and co-founder of ExecOnline, a corporate training company that partners with the world's top business schools to offer leadership development on demand to enterprise organizations. ExecOnline is on a mission to connect all leaders to their future potential by disrupting and democratizing corporate learning. Some of ExecOnline's Partner schools include Stanford, Wharton, Berkeley Haas, Chicago Booth, UVA Darden School of Business, Columbia, Duke, MIT-Sloan, Yale, and others. In this episode, Stephen and I unpack: Stephen's career journey from “recovered lawyer” to startup founder and eventually becoming the co-founder and CEO of ExecOnline The “aha moment” from Stephen's experience as the CEO of a previous startup that led to launching ExecOnline Many of the high-impact initiatives the ExecOnline team are currently focusing on Why there is a meaningful difference between mentoring and learning The impact of large language models and generative AI on the learning economy And more! Stephen's Personal Theme Song “Right Above It” (feat. Drake) by Lil Wayne About Stephen Bailey Stephen is the co-founder and CEO of ExecOnline, a B2B corporate training company that partners with the world's top business schools to offer leadership development on demand to enterprise organizations. Its mission is to connect all leaders to their future potential by disprupting and democratizing corporate learning. When Stephen launched ExecOnline, his vision was to combine the engagement of traditional on-campus and role-based applied learning — with the convenience and scale of an online experience—for all levels of leadership. Therefore, creating a more diverse, equitable, and inclusive leadership pipeline within the world of work. ExecOnline has been named to the Global Silicon Valley EdTech 150, and also recognized as a “Technology Company to Watch” by Forbes. Prior to ExecOnline, Stephen served as the CEO of Frontier Strategy Group (FSG), a software and information services business. He grew FSG from an early-stage start-up to a company that served nearly half the Fortune 500 across a range of international markets and business functions. Prior to his role as CEO, he was FSG's first Chief Product Officer. Before joining FSG, Stephen was an associate in the venture capital and private equity group of WilmerHale. Stephen is also the Board Chair of the Truman Center for National Policy and member of the Board of Prospect Schools, a charter school network in NYC. He graduated Phi Beta Kappa and summa cum laude from Emory University and holds a JD from the Yale Law School. Stephen has been an EdTech pioneer and champion of the “learning economy” ever since he recognized the vast leadership gap many years ago.   Thank you for listening! Thank you so very much for listening to the podcast. There are so many other shows out there, so the fact that you took the time to listen in really means a lot! Subscribe to Gen X Amplified!

SO MANY OF YOU ASKED FOR IT!! And we deliver! This week we have @ChristaLaser on, not only a Patent Attorney, but also a PROFESSOR for patent and IP law to talk all about Prior Art and what it means for patents, specifically the @BambuLab and @Stratasys lawsuits that are currently ongoing. Christa has an event for makers Oct. 9th at 11am ET: https://www.eventbrite.com/e/intellectual-property-law-for-makers-tickets-1018863376787? https://christalaser.com Some about Professor Laser: Professor Christa Laser began teaching at Cleveland State University College of Law after nearly a decade of practice experience as an intellectual property litigator at the Washington, D.C. offices of law firms WilmerHale and Kirkland & Ellis LLP. She has deep expertise in patents, trademarks, copyrights, false advertising, pharmaceutical litigation and regulation, and technology law. She has represented leading life sciences and technology companies in all stages of trial and appellate matters and consulted on legislative changes to intellectual property laws. Professor Laser's research focuses on intellectual property and innovation. Her patent law scholarship has been cited by numerous scholars, by judges of the U.S. Court of Appeals for the Federal Circuit, and in briefs to the U.S. Supreme Court. Her research envisions an intellectual property system that supports innovation, investment, and competition across all technology areas. Professor Laser was the World Champion of the Lachs Space Law Moot Court Competition. Prior to law school, she worked as a scientific researcher, where her work studying protein dynamics of photosynthesis using genetically modified bacteria and laser spectroscopy was published in the prestigious journal Science. She was also a medalist at the National Championships and North American Cup in fencing. Main channel video on Stratasys vs. Bambu Lab: https://youtu.be/ZrNMiSZPsNA A HUGE Thank you to the Filament Sponsor of these streams, @printedsolid ! Check them out: https://printedsolid.com __________________________________ Do you have an idea you want to get off the ground? Reach out to the Making Awesome Podcast through https://3DMusketeers.com/podcast and someone will get you set up to be a guest!

This Day in Legal History: Khrushchev at the HelmOn September 13, 1953, Nikita Khrushchev was appointed General Secretary of the Communist Party of the Soviet Union, marking a pivotal shift in Soviet leadership following the death of Joseph Stalin. Khrushchev's rise to power signaled a departure from the oppressive and brutal regime of Stalin, as he eventually denounced many of Stalin's crimes during his famous "Secret Speech" in 1956. This denouncement was part of Khrushchev's broader policy of de-Stalinization, which aimed to reduce the terror associated with Stalin's rule and promote a more moderate, reform-oriented government. Khrushchev's leadership saw significant changes both domestically and internationally. He pushed for economic reforms, introduced policies that relaxed censorship, and reduced the use of forced labor. On the global stage, Khrushchev's foreign policy was marked by intense Cold War tensions, including the Cuban Missile Crisis of 1962, which brought the world to the brink of nuclear war. His eventual mishandling of the crisis and other domestic challenges contributed to his ouster in 1964 by political rivals within the Soviet leadership.The legal element here is Khrushchev's role in de-Stalinization, which involved dismantling many of Stalin's legal policies of oppression, including the arbitrary imprisonment and execution of political opponents. His reforms reshaped the Soviet legal system by curbing the powers of the secret police and reducing the scale of political purges.Hogan Lovells is closing its offices in Poland, Australia, and South Africa as part of a strategic shift to focus on key markets like London, New York, California, Texas, and Washington, DC. This move will result in 123 layoffs, including lawyers and support staff. CEO Miguel Zaldivar explained the decision aligns with the firm's goal of becoming more financially integrated and reaching $3 billion in annual revenue. Hogan Lovells is following a trend of Big Law firms reducing their real estate footprints, with firms like Dechert, Armstrong Teasdale, and A&O Shearman also closing offices globally. Legal recruiter Jeffrey Lowe noted that international offices are particularly costly for U.S. firms, prompting many to reassess their presence in certain markets. The closures reflect a broader effort to free up capital to attract high-priced lateral talent, a trend expected to continue in the coming years.Hogan Lovells to Close Three Offices in ‘Strategic' Move (3)Norfolk Southern Corp. is seeking its seventh legal leader in as many years after firing Chief Legal Officer Nabanita Nag and CEO Alan Shaw due to a consensual relationship that violated company policy. This follows an internal investigation conducted by an outside law firm. Jason Morris, the company's vice president for law, has been named acting corporate secretary, though it is unclear if he will assume control of the legal department. Norfolk Southern has faced significant legal and regulatory challenges, including the costly East Palestine, Ohio train derailment in 2022, which has led to $2 billion in litigation and remediation expenses.Nag, who took over as legal chief in 2022, is the latest in a series of legal department leaders to leave Norfolk Southern. Her predecessors left for various reasons, including retirement and relocation due to the company's headquarters moving from Norfolk, Virginia to Atlanta. Norfolk Southern has reached large settlements related to the Ohio derailment, including $600 million to resolve lawsuits and $310 million for U.S. government claims. The company continues to deal with litigation over the incident, represented by WilmerHale and Dickie McCamey, and faces further scrutiny from investors following the disaster.Norfolk Southern Law Head's Ouster Continues Department TurnoverThe House has received a letter from the federal judiciary regarding a potential impeachment inquiry into former Alaska District Judge Joshua Kindred, who resigned after being found guilty of sexual misconduct and lying to investigators. The Ninth Circuit's Judicial Committee certified an impeachment inquiry into Kindred in July, citing his creation of a hostile work environment and an inappropriate relationship with a former law clerk. While Kindred resigned, a Senate conviction could bar him from future public office. Democratic Representative Hank Johnson praised the judiciary for taking the allegations seriously, but it remains unclear if the House will pursue the matter. Legal experts suggest Republicans may be reluctant to proceed, given that Kindred is no longer in office, similar to their stance during Trump's second impeachment trial. The last federal judge impeached and removed from office was G. Thomas Porteous in 2010.Meanwhile, scrutiny has increased on Kindred's past cases, with over 40 potentially involving conflicts of interest. Criminal defense lawyers in Alaska are exploring opportunities to overturn convictions related to Kindred's misconduct. Additionally, Kindred's former clerk has filed a whistleblower complaint, alleging retaliation by the Alaska U.S. Attorney's office after she reported the harassment.Ex-Alaska Judge's Potential Impeachment Moves to House (2)TikTok and its parent company ByteDance are facing a pivotal court hearing on Monday that could determine whether the app will be banned in the U.S. by January 19, 2025. The U.S. Court of Appeals for the District of Columbia will hear oral arguments in the legal challenge, which occurs as TikTok remains a key platform for political engagement during the 2024 presidential election. TikTok argues that the law mandating its sale or banning it violates free speech rights and is a drastic departure from the U.S. tradition of supporting an open internet. U.S. lawmakers passed the law, citing national security concerns over potential Chinese government access to American data. TikTok has claimed that divesting the app is unfeasible, and the case could end up before the Supreme Court. While the Biden administration wants Chinese ownership of TikTok to end, it is not pushing for an outright ban if the app's ownership issues are resolved. A decision is expected by December 6.TikTok faces crucial court hearing that could decide fate in US | ReutersThis week's closing theme is by Clara Wieck-Schumann. This week's closing theme honors the extraordinary Clara Schumann, one of the most influential figures in the world of 19th-century classical music, born on this day, September 13, in 1819. A virtuoso pianist, composer, and teacher, Clara Schumann's legacy extends far beyond her role as the wife of composer Robert Schumann. She was a musical prodigy who gave her first public concert at the age of nine, and over her long career, she toured extensively across Europe, earning widespread acclaim for her impeccable technique and profound musicality.Clara Schumann was also a gifted composer, though her work was often overshadowed by the social expectations of her time. One of her standout compositions is Scherzo No. 2 in C minor, Op. 14. Written in 1845, this piece exemplifies her command of the piano, featuring a powerful interplay of rhythmic vitality and lyrical expressiveness. The Scherzo No. 2 showcases Clara's deep understanding of Romantic aesthetics, with its dramatic contrasts and technical brilliance—a hallmark of her compositional style. The piece demands a high level of virtuosity, a reflection of her own skills as one of the greatest pianists of her era.Despite facing many personal challenges, including the early death of her husband and the pressure to provide for her family, Clara remained dedicated to her craft. She shaped the landscape of European concert life, championing the works of Robert Schumann, Johannes Brahms, and other contemporary composers, while continuing to write and perform her own music.Clara Schumann's Scherzo No. 2 is a fitting tribute to her genius—its energetic and complex nature reflects her resilience and innovation in a time when female composers were seldom given their due recognition. As we listen to this remarkable piece, it's a reminder of her invaluable contributions to classical music, both as a composer and a performer, whose impact still resonates today. On her birthday, it's only right to celebrate Clara Schumann's enduring artistry and reflect on her place in music history. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

Hester M. Peirce (appointed to the U.S. Securities and Exchange Commission by President Donald J. Trump), shares insights into the SEC's role in enforcing laws amidst rapid technological advancements. We also explore balancing innovation with consumer protection, and emphasizing the need to rethink outdated legislation along with how regulatory clarity can foster more innovation. Key Takeaways: The importance of public engagement with regulatory bodies to shape future policies constructively Weighing the need for innovation against the risks of misuse and surveillance The role of the SEC within the crypto space and the attitudes of the agency towards emerging technologies The ways technology can advance responsibly, while still safeguarding personal liberties and addressing governmental concerns Guest Bio: Hester M. Peirce was appointed by President Donald J. Trump to the U.S. Securities and Exchange Commission, and was sworn in on January 11, 2018. Prior to joining the SEC, Commissioner Peirce conducted research on the regulation of financial markets at the Mercatus Center at George Mason University. She was a Senior Counsel on the U.S. Senate Committee on Banking, Housing, and Urban Affairs, where she advised Ranking Member Richard Shelby and other members of the Committee on securities issues. Commissioner Peirce served as counsel to SEC Commissioner Paul S. Atkins. She also worked as a Staff Attorney in the SEC's Division of Investment Management. Commissioner Peirce was an associate at Wilmer, Cutler & Pickering (now WilmerHale) and clerked for Judge Roger Andewelt on the Court of Federal Claims. Commissioner Peirce earned her bachelor's degree in Economics from Case Western Reserve University, and her JD from Yale Law School. ---------------------------------------------------------------------------------------- About this Show: The Brave Technologist is here to shed light on the opportunities and challenges of emerging tech. To make it digestible, less scary, and more approachable for all! Join us as we embark on a mission to demystify artificial intelligence, challenge the status quo, and empower everyday people to embrace the digital revolution. Whether you're a tech enthusiast, a curious mind, or an industry professional, this podcast invites you to join the conversation and explore the future of AI together. The Brave Technologist Podcast is hosted by Luke Mulks, VP Business Operations at Brave Software—makers of the privacy-respecting Brave browser and Search engine, and now powering AI everywhere with the Brave Search API. Music by: Ari Dvorin Produced by: Sam Laliberte  

This Day in Legal History: Nineteenth Amendment AdoptedOn August 26, 1920, the Nineteenth Amendment to the U.S. Constitution was officially adopted, marking a pivotal moment in American history by granting women the right to vote. The Amendment, which states that the right to vote "shall not be denied or abridged by the United States or by any State on account of sex," was the culmination of decades of activism and struggle by women's suffrage advocates. Pioneers like Susan B. Anthony, Elizabeth Cady Stanton, and many others fought tirelessly for this fundamental right, organizing rallies, petitions, and civil disobedience.The Amendment's adoption followed a lengthy ratification process, where Tennessee became the crucial 36th state to ratify the amendment, securing the necessary three-fourths majority. This victory did not come easily; it was the result of a concerted effort by suffragists who faced significant opposition. The Nineteenth Amendment not only expanded the electorate but also symbolized a broader movement toward gender equality in the United States. Its passage empowered women to engage fully in the democratic process and laid the groundwork for future advances in civil rights. The legacy of the Nineteenth Amendment continues to influence social and political movements to this day.Big Law firms are rallying behind Vice President Kamala Harris by hosting high-dollar fundraising events. Sullivan & Cromwell's Rodge Cohen is organizing a New York lunch featuring Doug Emhoff, with ticket prices reaching up to $100,000. In Washington, Jenner & Block's Josh Hsu is co-hosting an evening reception where tickets are nearly $7,000. Since Harris became the Democratic frontrunner, high-profile attorneys have been mobilizing to support her campaign, with several already raising substantial sums. Notably, Mayer Brown partner Phil Recht, a Harris supporter, notes strong momentum in campaign contributions. The host committees for these events include prominent figures from Big Law and the tech industry, such as Skadden's Nina Rose and OpenAI's Johanna Shelton. The fundraising effort has seen significant engagement, with many top lawyers eager to contribute. For example, Dawn Smalls of Jenner & Block raised $100,000 in just a week, and partners at firms like Gibson Dunn and WilmerHale are actively supporting Harris through events and donations.Big Law Throwing Kamala Fundraisers with a Six-Figure Ticket TierThe U.S. Federal Trade Commission (FTC) is set to challenge Kroger's $25 billion merger with rival Albertsons in federal court, arguing that the deal would harm consumers and workers by reducing competition. The FTC's case, part of the Biden administration's broader effort to address rising consumer prices, will focus on how the merger could lead to higher grocery prices and diminish the bargaining power of unionized workers, particularly in states like California and Washington where both chains have significant overlap. This trial marks a significant test for FTC Chair Lina Khan, who has prioritized using antitrust laws to protect workers, a shift from the traditional focus on consumer prices.Kroger and Albertsons argue that the merger is necessary to compete with large multinational retailers like Walmart, Costco, and Amazon. They propose selling 579 stores to mitigate competition concerns and promise to lower grocery prices by $1 billion post-merger. However, the FTC, supported by several states, contends that the merger would lead to store closures and weakened union leverage. The trial, expected to last around three weeks, will also examine whether the proposed buyer of the divested stores, C&S Wholesale Grocers, can successfully operate them.This case is significant as it builds on the FTC's recent focus on labor market competition, following other antitrust actions that have challenged the impact of mergers on workers, such as those in the college athletics and publishing industries. The outcome could pave the way for more scrutiny of mergers based on their effects on labor markets.US FTC's bid to block Kroger-Albertsons merger heads to trial | ReutersKroger case tests FTC Chair Khan's bid to protect workers | ReutersThe US Chamber of Commerce, a conservative business organization, is urging Congress to maintain the 21% corporate tax rate and extend key provisions of the 2017 Republican-led tax law. The Chamber argues that these measures will support sustained economic growth, aiming for at least 3% annually. As Congress prepares for a major tax code overhaul next year, the Chamber is actively lobbying to preserve lower international tax rates set to increase in 2025 and to reinstate certain deductions for research and development, interest expenses, and full asset expensing. While Republicans generally support extending parts of the 2017 law, despite concerns about the growing deficit, Democrats advocate for raising the corporate tax rate to 28% and increasing taxes on the wealthy to cover the law's costs. The University of Pennsylvania's Wharton School estimates that extending the law would only offset about 4.4% of its projected $4 trillion cost through economic growth.The US Chamber of Commerce is known for its conservative stance, particularly in advocating for pro-business policies and lower taxes. Historically, the Chamber has supported Republican initiatives and has often opposed regulatory measures that it views as detrimental to business interests.US Chamber to Ask Congress to Preserve 21% Corporate Tax RateCitgo Petroleum, originally founded in 1910 as Cities Service Company, became a significant player in the U.S. refining industry. In 1986, Venezuela's state-owned oil company, PDVSA, purchased a controlling stake in Citgo, integrating it into Venezuela's oil export strategy. Citgo operates as a major U.S. refiner with its headquarters in Houston, Texas.Currently, Citgo is at the center of a complex legal battle in the U.S. stemming from Venezuela's expropriations and debt defaults. A U.S. federal court officer, Robert Pincus, is overseeing an auction of shares in Citgo's parent company, PDV Holding, to satisfy up to $21.3 billion in claims. These claims have resulted from international arbitration awards and issues surrounding foreign sovereign immunity, making the case particularly complex.The auction process, ongoing since 2017, has faced multiple delays due to the complexity of the bids and the unprecedented legal context. The latest extension request, the third this year, would push the deadline to September 16 for Pincus to recommend a winning bid. The leading bidders are CVR Energy, supported by investor Carl Icahn, and an investment group led by Gold Reserve, a mining company. Following the recommendation, there will be a 21-day period for objections before a final sales hearing on November 7.US court officer requests new extension to select winner of Citgo auction | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

In this episode of The Get Down, host Ritzy P. sits down with Tiffany J. Smith to discuss the importance of understanding the intersection between old rules and new technologies in the regulatory and compliance space and the need to focus on financial inclusion rather than political affiliations. They also discuss the success of the inaugural Blockchain Brain Trust Retreat at Martha's Vineyard and what the event will look like this year.  Also, Cleve Mesidor talks about what the current political landscape can mean for the future of crypto policy and regulation here in the US.Be sure to sign up for our newsletter, Chews! Tiffany J. Smith is a partner at WilmerHale and Co-Chair of the Firm's Blockchain and Cryptocurrency Working Group. She has over a decade of experience advising and representing broker-dealers, financial institutions, and technology companies (including crypto companies) on cutting-edge regulatory and compliance matters. She has a broad client base including traditional financial institutions, crypto exchanges, NFT issuers and platforms, Web3 companies, and payment platforms.We discuss:Understanding the intersection between old rules and new technologies is crucial in the blockchain and cryptocurrency industry.Bringing Web3 to Martha's Vineyard provides an opportunity to educate political leaders and policymakers in a relaxed setting.The success of the inaugural Blockchain Brain Trust Retreat by bringing together Black leaders in the industry and facilitating networking and knowledge sharing.How the changing policy landscape in the crypto industry should focus on financial inclusion and understanding the impact on daily lives.Thanks for tuning in! To get the full scoop on creating a more inclusive Web3, DeFi, and Bitcoin space, make sure you catch every episode – we're packed with actionable tips and insights. If you found this episode valuable, spread the word and share it with someone who needs to hear this. Don't forget to follow, rate, and review our podcast on your favorite listening app – it helps us reach even more people who are passionate about building a better future for everyone in the crypto space.CONNECT WITH TIFFANY J. SMITH:LinkedInWilmerHaleCONNECT WITH BUTTERSCOTCH MEDIA:Check us out on our website butterscotch.media and subscribe to our newsletterFollow us on X @butterscotch360Watch our content on YouTube

In this episode, co-host Michael Dawson is joined by Noah Rosenblum, an assistant professor of law at NYU and former WilmerHale summer associate, to discuss the Supreme Court's decision in Securities and Exchange Commission v. Jarkesy. The case concerns whether the SEC has the authority to seek civil penalties against an individual before an administrative law judge rather than before an Article III-appointed judge and a jury of the individual's peers. As a result of the Court's decision, the SEC may no longer rely on its administrative forum to seek civil penalties for alleged violations of securities laws. Dawson and Rosenblum give a timeline of events that led up to the Supreme Court case, with Rosenblum breaking down how the majority and dissenting opinions diverge. Leveraging his background as a legal historian, Rosenblum provides historical context and explains how applying a traditional Constitutional interpretation to the case increases its complexity. Dawson and Rosenblum also discuss the long-term impact this case could have, highlighting how the final ruling leaves many unanswered questions that could pose challenges in interpreting future decisions. This episode is the latest installment of our miniseries examining notable decisions recently issued by the US Supreme Court. Previous episodes covering this year's term looked at the decisions in Cantero v. Bank of America and Alexander v. South Carolina State Conference of the NAACP.

This episode with Sonal Mehta is a masterclass on decision-making. We explore her early rise to partner and the path that led her to the management committee at WilmerHale by walking through the tradeoffs and opportunities she identified at each step. We also explore the role intuition plays in legal analysis. And we discuss Sonal's journey through challenging parts of her practice and what's led to her success. Sonal is remarkably down-to-earth for her accomplishments, so this was a fun interview. 

In this episode of In the Public Interest, podcast co-host Felicia Ellsworth sits down with WilmerHale Partner Lisa Pirozzolo to discuss a pro bono matter in which the City of Boston agreed to pay $2.6 million to settle a longstanding federal discrimination lawsuit. The lawsuit, which was initially filed nearly 20 years ago, alleged that a hair test used by the city to identify drug use on its police force was discriminatory, unreliable and scientifically flawed. Ellsworth and Pirozzolo are joined by two of the plaintiffs in the case, Keri Hogan and William Bridgeforth (“Bridgy”), as well as Oren Sellstrom, Litigation Director at Lawyers for Civil Rights, who, alongside WilmerHale, represented the plaintiffs in this matter.Keri and Bridgy share their experience with the hair test, the very real impact it had on their careers and lives, how they got involved with the lawsuit, and what the settlement means to them. Sellstrom and Pirozzolo discuss the background of the test and why it is flawed, and what this settlement means for others.

Senior International Counsel Ambassador Robert Kimmitt joins In the Public Interest host Felicia Ellsworth to talk about his storied career in public service. Through his service as the first General Counsel of the National Security Council, the first American Ambassador to a united Germany in over 50 years, General Counsel and Deputy Secretary of the Department of the Treasury, Under Secretary of State for Political Affairs, and more, Ambassador Kimmitt has played a leading role in some of the most high-profile international events in recent history, and he shares that perspective with listeners.Ellsworth and Kimmitt also discuss his private practice at WilmerHale, including how he and the firm have become go-to resources for journalists and others who have been taken hostage in difficult countries around the world. He shares the role he played in bringing home The Washington Post reporter Jason Rezaian, among others.

Shannon Togawa Mercer served as Lawfare's Managing Editor and then went on to quite a career shift. She now negotiates with ransomware bad actors. She is a cybersecurity and privacy lawyer at WilmerHale and has developed a specialized practice in responding to cybersecurity incidents, many of them involving foreign malware gangs. She joined Lawfare Editor-in-Chief Benjamin Wittes to talk about this odd area of legal practice. Why do you need a big law firm when your computer files are suddenly frozen? Is it legal to negotiate with and pay off foreign ransomware gangs? How do you do the negotiations anyway? Do they cut you a deal if you're polite? And what is it like to be recruited by the malware gangs that you are negotiating with? Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.

The Department of the Interior is a key player in the energy transition in the U.S.. The federal government owns about 28% of the 2.3 billion acres of land in the country. The Department is responsible for permitting oil and gas drilling, renewable development, and mining on its vast land holdings.  At the same time, the DOI is tasked with protecting America's national parks and wilderness holdings for future generations. As the urgency of the climate crisis grows, the agency is at the heart of the difficult trade-offs between conservation and energy development that will define the energy transition.  What does an environmentally and socially responsible approach to the energy transition look like? And how does the federal government weigh the impacts and benefits of energy development on public lands? This week host Jason Bordoff talks with Tommy Beaudreau about the DOI's effort to protect public lands and support the development of a domestic clean energy economy. Tommy is the co-chair of WilmerHale's energy, environment, and natural resources practice, and a distinguished visiting fellow at Columbia's Center on Global Energy Policy. He recently served as deputy secretary of the Department of Interior from 2021-2023. Tommy served in senior leadership roles in the Department for nearly a decade across two administrations, including as the first director of the Bureau of Ocean Energy Management in 2011.

In this episode with SEC Commissioner Hester Peirce we discuss: The approval of 11 spot Bitcoin ETFs SEC's hacked X account ahead of the ETF approval  Why the SEC took issue with in-kind redemptions  Crypto regulation and how Bitcoin is different  Are current securities laws sufficient or do we need a new framework for evaluating digital assets?  What is the biggest misconception about the SEC? --- Bio: Hester M. Peirce was appointed by President Donald J. Trump to the U.S. Securities and Exchange Commission and was sworn in on January 11, 2018. Prior to joining the SEC, Commissioner Peirce conducted research on the regulation of financial markets at the Mercatus Center at George Mason University. She was a Senior Counsel on the U.S. Senate Committee on Banking, Housing, and Urban Affairs, where she advised Ranking Member Richard Shelby and other members of the Committee on securities issues. Commissioner Peirce served as counsel to SEC Commissioner Paul S. Atkins. She also worked as a Staff Attorney in the SEC's Division of Investment Management. Commissioner Peirce was an associate at Wilmer, Cutler & Pickering (now WilmerHale) and clerked for Judge Roger Andewelt on the Court of Federal Claims. Follow Commissioner Peirce on X: https://twitter.com/HesterPeirce  --- Coin Stories is powered by Bitdeer Technologies Group (NASDAQ: BTDR), a publicly-traded leader in Bitcoin mining that stands alone as the only vertically-integrated, technology-focused Bitcoin mining company. Learn more at www.bitdeer.com.  --- Natalie's Promotional Links:  Buy Bitcoin, secure it through multisig Collaborative custody, start a Bitcoin IRA or take out a Bitcoin loan with UNCHAINED: https://unchained.com/?utm_campaign=natalie promo code Natalie Bitcoin Nashville is July 25-27, 2024: Get 10% off your passes using the code HODL at  https://b.tc/conference Get 5% off your Bitcoin cold storage solutions at Coinkite, including the Coldcard wallet: https://store.coinkite.com/promo/COINSTORIES CrowdHealth offers the Bitcoin community alternative to health insurance. I now spend just ~$100 a month on my health care. Sign up: https://www.joincrowdhealth.com/natalie  --- This podcast is for educational purposes and should not be construed as official investment advice. --- VALUE FOR VALUE — SUPPORT NATALIE'S SHOWS Strike ID https://strike.me/coinstoriesnat/ Cash App $CoinStories --- #money #Bitcoin #investing  

Experts Dorothy DeWitt and Michael Dawson discuss the implications, challenges, and potential outcomes of Binance's compliance monitorship. The record $4.3 billion settlement reached between Binance and the U.S. government over charges of money laundering and sanctions violations calls for the world's largest crypto exchange to maintain an independent compliance monitor for the next five years. Michael Dawson, a partner at WilmerHale, and Dorothy DeWitt, founder and CEO of Tolt Strategies, a former director at the CFTC and former general counsel at Coinbase, dissect the intricacies of this arrangement, delving into the roles and responsibilities of the compliance monitor, the potential impact on Binance's operations and the broader implications for the crypto industry.Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Pandora, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform.Show highlights:What exactly is a compliance monitor, and why it's essential in the Binance settlement Which regulatory agencies do the monitors report to and their significanceWhy the DOJ insisted on including a compliance monitor in its settlement with Binancehow Binance's compliance monitor is expected to create a “ripple effect across the industry,” according to MichaelWhy Binance, despite being a non-U.S. entity, is subject to a U.S.-appointed monitorDorothy's perspective on why more monitorships might be appointed in the crypto industry going forwardHow much the monitorship will cost Binance and the factors influencing their choice of monitorWhether the government will be able to discover other crimes with all this new information, which will be used by other agencies such as the IRS and the FBIWho might be appointed as the compliance monitor for Binance and why Michael favors Patrick McHenryWhat constitutes the SAR lookback and AML program consultancyWhat could happen when the government gets to look at all past transactionsWhat happens if the monitor discovers any wrongdoing within BinanceWhether the monitorship is likely to impact Binance's business operationsAdvice from Dorothy and Michael for Binance's new CEO on navigating these challengesWhy predicting the future of Changpeng Zhao, Binance's ex-CEO, is complex, according to DorothyThank you to our sponsors! LayerZero | Popcorn Network | Arbitrum FoundationGuests | Michael Dawson, partner, Financial Institutions Group at WilmerHaleDorothy DeWitt, founder and CEO of Tolt Strategies and former Director of the Division of Market Oversight at the CFTCLinks |SettlementDOJ Settlement TextFINCEN Settlement TextCFTC Settlement TextOFAC Settlement TextWSJ: Binance Penalties Include a Number of Crypto Industry Firsts: The Treasury Department's FinCEN is imposing its first-ever monitorship on the cryptocurrency exchangeCoinDesk: Binance's Future and Other Questions Post-Settlement Unchained: Binance to Pay $4.3 Billion to Settle U.S. DOJ Criminal Probe; CEO Changpeng Zhao Pleads Guilty for Violating Bank Secrecy Act Law360: Binance's Compliance Chief Is Optimistic About MonitorshipThe C FTC's guidance on monitorship:CFTC Releases Enforcement Advisory on Penalties, Monitors and AdmissionsOther monitors at crypto companies:Coinbase (independent monitor): Press Release- January 3, 2023: Superintendent Adrienne A. Harris Announces $100 Million Settlement with Coinbase, Inc. after DFS Investigation Finds Significant Failings in the Company's Compliance Program | Department of Financial ServicesRobinhood Crypto (independent compliance consultant): Press Release- August 2, 2022: DFS Superintendent Harris Announces $30 Million Penalty on Robinhood Crypto for Significant Anti- Money Laundering, Cybersecurity & Consumer Protection Violations | Department of Financial Services (ny.gov)-Unchained Podcast is Produced by Laura Shin Media, LLC. Distributed by CoinDesk. Senior Producer is Michele Musso and Executive Producer is Jared Schwartz. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

The record $4.3 billion settlement reached between Binance and the U.S. government over charges of money laundering and sanctions violations calls for the world's largest crypto exchange to maintain an independent compliance monitor for the next five years. Michael Dawson, a partner at WilmerHale, and Dorothy DeWitt, founder and CEO of Tolt Strategies, a former director at the CFTC and former general counsel at Coinbase, dissect the intricacies of this arrangement, delving into the roles and responsibilities of the compliance monitor, the potential impact on Binance's operations and the broader implications for the crypto industry. Listen to the episode on Apple Podcasts, Spotify, Overcast, Podcast Addict, Pocket Casts, Pandora, Castbox, Google Podcasts, Amazon Music, or on your favorite podcast platform. Show highlights: what exactly is a compliance monitor, and why it's essential in the Binance settlement  which regulatory agencies the monitors report to and their significance why the DOJ insisted on including a compliance monitor in its settlement with Binance how Binance's compliance monitor is expected to create a “ripple effect across the industry,” according to Michael why Binance, despite being a non-U.S. entity, is subject to a U.S.-appointed monitor Dorothy's perspective on why more monitorships might be appointed in the crypto industry going forward how much the monitorship will cost Binance and the factors influencing their choice of monitor whether the government will be able to discover other crimes with all this new information, which will be used by other agencies such as the IRS and the FBI who might be appointed as the compliance monitor for Binance and why Michael favors Patrick McHenry what constitutes the SAR lookback and AML program consultancy what could happen when the government gets to look at all past transactions what happens if the monitor discovers any wrongdoing within Binance whether the monitorship is likely to impact Binance's business operations advice from Dorothy and Michael for Binance's new CEO on navigating these challenges why predicting the future of Changpeng Zhao, Binance's ex-CEO, is complex, according to Dorothy Thank you to our sponsors! LayerZero Popcorn Network Arbitrum Foundation Guests: Michael Dawson, partner, Financial Institutions Group at WilmerHale Dorothy DeWitt, founder and CEO of Tolt Strategies and former Director of the Division of Market Oversight at the CFTC Links Settlement DOJ Settlement Text FINCEN Settlement Text CFTC Settlement Text OFAC Settlement Text WSJ: Binance Penalties Include a Number of Crypto Industry Firsts: The Treasury Department's FinCEN is imposing its first-ever monitorship on the cryptocurrency exchange CoinDesk: Binance's Future and Other Questions Post-Settlement  Unchained: Binance to Pay $4.3B Penalty to Resolve U.S. DOJ Criminal Investigation; Changpeng Zhao Resigns, Pleads Guilty to Money Laundering Charges Law360: Binance's Compliance Chief Is Optimistic About Monitorship The CFTC's guidance on monitorships CFTC Releases Enforcement Advisory on Penalties, Monitors and Admissions Other monitors at crypto companies  Coinbase (independent monitor): Press Release- January 3, 2023: Superintendent Adrienne A. Harris Announces $100 Million Settlement with Coinbase, Inc. after DFS Investigation Finds Significant Failings in the Company's Compliance Program | Department of Financial Services Robinhood Crypto (independent compliance consultant): Press Release- August 2, 2022: DFS Superintendent Harris Announces $30 Million Penalty on Robinhood Crypto for Significant Anti-Money Laundering, Cybersecurity & Consumer Protection Violations | Department of Financial Services (ny.gov) Learn more about your ad choices. Visit megaphone.fm/adchoices

The promise and risks posed by artificial intelligence appear to have captured our collective imagination. The risks seem to span from global doom brought about by a rogue AI to the enshrinement of harmful bias and discrimination in systems that can determine whether you get a loan. The stakes require governments to step up and regulate the field, with several key companies advocating for government action. This call has been answered, but conceptions of responsible AI risk management and appropriate regulations are already diverging across jurisdictions.To discuss the approaches to AI regulation in the United States and in the European Union, Lawfare Fellow in Technology Policy and Law Eugenia Lostri sat down with Arianna Evers, special counsel at WilmerHale, and Itsiq Benizri, counsel also at WilmerHale. Evers and Benizri recently authored an article on comparative approaches to AI regulation for Lawfare. They talked about the breadth of regulatory options being discussed, the similarities and differences across jurisdictions, and how the quickly evolving field affects how they help their clients navigate AI-related challenges.Support this show http://supporter.acast.com/lawfare. Hosted on Acast. See acast.com/privacy for more information.