A newsletter by Reuters and Westlaw |
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By Diana Novak Jones, Mike Scarcella and Sara Merken |
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Good morning. We’ve got a full docket today, and here’s a roundup of some of the big stories we’re watching. The DOJ is expected to present proposed remedies to counter Google’s search monopoly; Archegos’ Bill Hwang will be sentenced today; and Apple faces off with the government in its blockbuster iPhone antitrust suit. Thanks for reading!
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DOJ attorneys today are due to reveal what steps Google should be forced to take to end its online search monopoly, our colleague Jody Godoy reports. The government won a landmark ruling in August that Google maintained an illegal monopoly in online search and related advertising.
Prosecutors have floated a range of potential remedies. They include ending exclusive agreements where Google pays billions of dollars annually to Apple and other companies to remain the default search engine on tablets and smartphones, and divesting parts of its business, such as its Chrome browser and Android operating system.
Google will have a chance later to respond to the proposal, potentially arguing that it goes too far and would harm U.S. consumers and businesses. The election of Donald Trump ultimately could affect the DOJ’s stance. Trump will be able to appoint a new head of the DOJ's antitrust division, who will have the authority to change strategy, negotiate settlements or withdraw from the cases entirely.
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- U.S. Magistrate Judge Mustafa Kasubhai in Eugene, Oregon, was elevated to the U.S. district court bench, making him only the third Muslim American to ever serve as a life-tenured federal judge. The Senate voted 51-44 in support of Kasubhai.
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Prominent criminal defense lawyer Abbe Lowell asked a D.C. federal court to dismiss a lawsuit by two IRS agents accusing him for defamation over his actions while defending President Joe Biden’s son Hunter against tax charges.
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U.S. District Judge Eric Komitee in Brooklyn rejected a request by Ozy Media and its founder Carlos Watson to step aside from their case and throw out their securities fraud convictions.
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That’s the number of law schools that have received American Bar Association permission to use up-and-coming alternative law school admissions program JD-Next test scores when admitting students. Aspen Publishing has acquired JD-Next from the University of Arizona’s law school, which developed the program in 2019 as an alternative to the widely used LSAT.
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For the last decade, Chicago federal court has been the hub of a peculiar brand of IP litigation that a prominent law professor has dubbed an “abusive” scheme to exploit procedural rules and capitalize on judicial deference to IP owners. In hundreds if not thousands of cases, judges in Chicago and beyond have allowed IP plaintiffs to shut down internet storefronts of alleged foreign infringers that are only identified in schedules filed under seal. Defendants typically don’t even know they’ve been sued until their U.S. assets have been frozen in ex parte TROs. Things may be starting to change, Alison Frankel writes.
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"Rarely do we see cabinet nominees who pledge to be activists in their role."
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—David Jolly, a former Republican congressman from Florida, remarking about President-elect Donald Trump’s move to appoint loyalists Matt Gaetz to lead the DOJ and Pete Hegseth to helm the Pentagon. What sets them apart, our colleague James Oliphant writes, is that they both feel victimized by the agencies they would take over.
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Apple will ask U.S. District Judge Julien Neals in Newark, New Jersey, to dismiss the DOJ’s lawsuit accusing the iPhone maker of unlawfully dominating the smartphone market, in the latest Big Tech antitrust showdown.
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Archegos Capital Management founder Sung Kook "Bill" Hwang is set to be sentenced over his fraud conviction stemming from the 2021 collapse of his $36 billion private investment firm. Prosecutors have recommended a 21-year prison term.
- Gary Wang, a former executive of bankrupt cryptocurrency exchange FTX who testified against founder Sam Bankman-Fried, is scheduled to be sentenced on fraud charges in federal court in Manhattan. Prosecutors are backing leniency for Wang.
Court calendars are subject to last-minute docket changes.
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Victims of a 2022 shooting attack on a gay nightclub in Colorado Springs sued local authorities, accusing them of failing to enforce a red flag gun law they said could have prevented the violence. The shooting at Club Q killed five people and injured another 25.
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Nebraska Attorney General Michael Hilgers filed an antitrust lawsuit against some of
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