Keep your finger on the legal world's pulse

Racial and ethnic diversity within Florida's largest law firms has seen modest overall improvements, but significant gains are evident in the composition of executive committees at firms like Carlton Fields and Shutts & Bowen. Over the past year, while the state's law firms increased their diverse lawyer counts by 1.5%, changes at the partner and executive committee levels were less pronounced, with most firms reporting stagnant or declining diversity among equity partners. Carlton Fields and Shutts & Bowen, however, have made notable strides in enhancing diversity at the highest levels of their leadership. Shutts & Bowen increased the diversity of its executive committee from 25% to 40% in the past year, with a significant representation from the Hispanic community. Carlton Fields also reported over 35% of its executive committee seats being held by diverse attorneys, maintaining its status as the firm with the highest percentage of diverse committee members. Both firms have benefited from their inclusive hiring practices and the demographic shifts in Florida's educational institutions, which have led to a more diverse pool of law graduates. This natural increase in diversity at the associate level has contributed to more inclusive leadership representation over time.

 

Daily Business Review

Litigators in Washington, D.C. have outpaced all others in billing rates, according to a recent survey. A quarter of full-time litigators in D.C. reported billing rates of $951 to over $1,300, the highest tier tracked by the National Association of Legal Fee Analysis. In comparison, only 13% of litigators in San Francisco fell into the highest tier. Terry Jesse, executive director of the National Association of Legal Fee Analysis, stated that D.C. is the top litigation billing city and is expected to remain so for the next several years. The survey included over 24,000 litigators in 24 cities, with more than 2,000 litigators from D.C. responding. Factors contributing to D.C.'s high billing rates include the presence of large law firms and higher starting salaries for associates.

 

ABA Journal

In Northern Virginia, smaller law firms like DiMuroGinsberg are carving out niche practice areas to maintain competitiveness amid the influx of larger law firms. Specializing in sectors like government contracts, construction law, estates planning, and family law, these firms offer a compelling alternative through lower fee structures and personalized services. Nina Ginsberg of DiMuroGinsberg has highlighted the advantages of their approach, noting the appeal to clients who prefer not to deal with big firms. Additionally, firms like Cochran Law Group capitalize on areas like estate planning, which are less emphasized by larger firms. The regional landscape is increasingly competitive with new entries from major firms and companies, enhancing the area's legal market stature and providing both challenges and opportunities for smaller practices. 

 

The National Law Journal

Early signs indicate that employers hit with hiring bias lawsuits over their use of artificial intelligence-based tools may have the opportunity to share liability with vendors who design the technology. While vendors have so far avoided lawsuits when job applicants claim discrimination, novel legal arguments and attempts by employers to share liability could change that. The use of AI in hiring is increasing, and with it comes the potential for algorithmic discrimination. Employers and AI vendors may need to navigate the legal landscape together to avoid litigation.

 

Bloomberg Law

The Republican National Committee and former President Donald Trump's campaign have filed a lawsuit against Michigan, claiming that officials did not follow proper procedures when designating new voter registration sites. The lawsuit challenges the authority of Governor Gretchen Whitmer and Secretary of State Jocelyn Benson to designate certain offices as registration sites. The plaintiffs argue that these designations are unlawful under state law and the National Voter Registration Act of 1993. The lawsuit seeks to bar Whitmer, Benson, and Elections Director Jonathan Brater from designating any registration sites without legislative approval and invalidating the ones designated over the past year. The plaintiffs also want to prevent the U.S. Small Business Administration and U.S. Department of Veterans Affairs from operating Michigan offices as registration sites without approval from state lawmakers. The lawsuit comes just weeks before the state's primary election and alleges that the defendants' actions have necessitated increased monitoring of Michigan elections for fraud and abuse. The case is Republican Nat'l Comm. v. Whitmer, W.D. Mich., No. 1:24-cv-00720.

 

Bloomberg Law

Bloomberg Tax

Special Counsel Jack Smith will appeal the dismissal of the federal case charging Donald Trump with mishandling classified information and obstruction. U.S. District Judge Aileen Cannon dismissed the case, ruling that Attorney General Merrick Garland's appointment of Smith as special counsel was unconstitutional. Smith's office will take the fight to the 11th Circuit U.S. Court of Appeals. The dismissal of the case deviates from the uniform conclusion of all previous courts. If Trump is elected, he is expected to direct the Justice Department to drop the Florida case as well as a separate federal prosecution against him in Washington. Cannon found that Congress hadn't given Garland authority to appoint a private citizen as special counsel. The judge also found that Smith's use of federal funds for the Trump investigations was unconstitutional. Smith's prosecution of this action breaches two structural cornerstones of our constitutional scheme. The Atlanta-based appeals court previously reversed a decision by Cannon in connection with the classified documents probe.

 

Bloomberg Law

Garfield is suing Dow Chemical Company and others for allegedly contaminating the city's drinking water with 1,4-dioxane, a chemical suspected of causing cancer. The lawsuit claims that the contaminated water is a threat to public health and welfare. Dow Chemical Company denies the allegations, stating that Garfield's water quality meets all EPA criteria. The city is seeking to recover costs for investigating and treating the water supply. The lawsuit also alleges negligence, failure to warn the public, and causing a public and private nuisance. This is not the first time Dow Chemical Company has faced legal action for 1,4-dioxane contamination, as New Jersey previously sued the company for widespread contamination across the state. The lawsuit seeks damages and penalties.

 

NJ.com

Judge John Antoon has ruled that X Corp., formerly Twitter Inc., must face a trademark infringement lawsuit from X Social Media LLC. X Social Media, a legal marketing firm, alleges that X Corp. has caused consumer confusion over the similar names. The lawsuit was filed in the U.S. District Court for the Middle District of Florida. Elon Musk, the owner of X Corp., changed the platform's name months before the legal complaint.

 

Bloomberg Law

A New York federal judge has ordered Amazon.com to comply with a subpoena from the U.S. Equal Employment Opportunity Commission (EEOC) in an investigation into claims of pregnancy discrimination against warehouse workers. The EEOC is seeking data on accommodations requested by pregnant workers at five U.S. warehouses and whether Amazon granted or denied them. The judge rejected Amazon's claims that the subpoena was too broad and gave the company until August 9 to comply. Amazon has previously faced complaints of pregnancy discrimination and requiring pregnant and disabled workers to take unpaid leaves of absence. The EEOC launched its probe last year and issued the subpoena to gather necessary information.

 

Reuters

Delta Air Lines is changing its employee uniform policy following a passenger's outrage over two flight attendants photographed wearing Palestinian pins. The uproar over the incident led Delta to ban its employees from wearing pins representing any country or nationality besides the U.S. Delta's previous policy allowed employees more flexibility with uniform accessories. The airline stated that the new policy is aimed at ensuring a safe, comfortable, and welcoming environment for all. Delta also addressed a social media post made by one of its employees, who sympathized with passengers and criticized the attendants wearing the Palestinian pins. The employee responsible for the post has been removed from handling social media communications.

 

U.S. News

California Governor Gavin Newsom has signed a bill that prohibits mandating teachers to notify families about student gender identity changes. The new law protects teachers from retaliation and prohibits K-12 "forced disclosure" rules. It also requires the California Department of Education to offer resources to parents and students on managing conversations about gender and identity privately. The bill comes in response to school board decisions in some parts of California to notify parents about name or pronoun changes and gender-related requests by students. Attempts at gender notification policies in other states have triggered lawsuits and concerns about student privacy rights. California is the first state to outlaw such policies at the local level. Assemblymember Chris Ward, the bill's author, emphasized that teachers are not meant to be "the gender police" and that the law does not intrude on the parent-child relationship. This is not the first time Governor Newsom has intervened in local school affairs, as he previously signed a law that fines school districts for banning textbooks portraying LGBTQ+ people and other marginalized groups.

 

Los Angeles Times