Keep your finger on the legal world's pulse

Donald Trump faced “sufficient” evidence to have been convicted at trial for seeking to overturn the result of the 2020 U.S. presidential election, according to Jack Smith, the special counsel who led the case against the president-elect. Smith’s report detailing his team’s findings about Trump’s efforts to subvert democracy was released by the justice department early on Tuesday. Smith said Trump would have been convicted but for the 2024 poll victory, which made it impossible for the prosecution to continue. “The department’s view that the constitution prohibits the continued indictment and prosecution of a president is categorical and does not turn on the gravity of the crimes charged, the strength of the government’s proof or the merits of the prosecution, which the office stands fully behind,” Smith wrote. “Indeed, but for Mr Trump’s election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial.”  Trump, in a post on his Truth Social site, called Smith a “lamebrain prosecutor who was unable to get his case tried before the election.”

 

CNN

Financial Times

NBC News

Washington Post

An anti-affirmative action group has filed a lawsuit against McDonald's regarding its HACER scholarship program, which supports Hispanic and Latino students. The American Alliance for Equal Rights, led by Edward Blum, claims the program unlawfully discriminates against students of other races. The lawsuit, filed in federal court in Tennessee, argues that the program violates federal law by excluding non-Hispanic or Latino applicants. McDonald's said it is reviewing the complaint and noted that it is evolving its inclusion practices in light of recent legal changes. Blum criticized McDonald's for not addressing the scholarship's potential civil rights violations, saying: “It is astonishing that . . . the Hispanic-only HACER scholarship was not flagged for likely being a violation of our nation's civil rights laws.” The HACER scholarship is one of the oldest and biggest corporate aid awards for high-school seniors, and thousands of students across the country apply each year. Since 1985, McDonald’s says, it has awarded more than $33m in scholarship funds to over 17,000 Hispanic and Latino students. The case reflects a broader trend of companies reassessing their diversity initiatives following recent legal rulings.

 

Chicago Tribune

Wall Street Journal

The Supreme Court has dealt a significant blow to the oil industry by allowing lawsuits to proceed from California and other states, seeking billions in damages for climate change impacts. The justices declined to block appeals from major energy producers like Sunoco and Shell. Justice Samuel A. Alito Jr. recused himself due to stock ownership in affected companies. California Governor Gavin Newsom said in reference to the deceptive practices of oil companies regarding the dangers of fossil fuels: “For more than 50 years, Big Oil has been lying to us.”  The lawsuits, which follow a pattern similar to successful claims against the tobacco and pharmaceutical industries, argue that oil producers failed to warn consumers about the risks associated with their products. The court's decision allows approximately two dozen states and municipalities to pursue their claims against the companies.

 

The Columbian

Los Angeles Times

Apple is the first tech giant to face a U.K. class action over claims it has been charging “excessive and unlawful” fees on its App Store. A case launched to the Competition Appeal Tribunal by law firm Hausfeld on behalf of nearly 20m Apple users alleges that the tech firm deliberately shuts out competition by forcing consumers to use its own payment processing system. Hausfeld estimates that 19.6m U.K. users are eligible for the claim as it seeks total damages of up to £1.5bn ($1.8bn). Apple has previously described the lawsuit as “meritless.” The landmark case is expected to have an impact on other class actions, including a £14bn ($17bn) case against Google and £2.2bn case against Meta.

 

City AM

A potential ban on TikTok, affecting its 170m U.S. users, is under scrutiny as the Supreme Court evaluates the constitutionality of a law mandating its China-based owner, ByteDance, to divest by January 19th. The Protecting Americans From Foreign Adversary Controlled Applications Act, signed by President Joe Biden, allows the government to ban apps deemed national security threats. Users are advised to download their data and consider workarounds like VPNs, as the app may become less functional over time. The future of TikTok remains uncertain, particularly with President-elect Donald Trump potentially influencing the situation.

 

NPR / National Public Radio

Vaughan McLean, a Philadelphia-based insurance defence firm, is merging with Deasey, Mahoney & Valentini. The merger will lead to the formation of a new firm, Cohen Vaughan, in partnership with Goldberg Segalla founder Richard Cohen's newly established firm, Cohen Cunningham DeRose Higgins Lyon. The combined entity will consist of 75 attorneys across 18 offices along the Eastern Seaboard. The alliance aims to enhance operational synergy while allowing individual firms to retain some autonomy.

 

Law

Sheppard, Mullin, Richter & Hampton has expanded its presence in Texas by adding a six-lawyer team specializing in white-collar crime defense, corporate investigations, and health care enforcement. The new team, which includes former Bradley Arant Boult Cummings managing partner Gene Besen, aims to bolster the firm's government practice in Dallas. Besen, along with partners Elisha Kobre and Scarlett Singleton Nokes, special counsel Stephen Moulton, and associates Rebecca James and Courtlyn Ward, bring significant expertise to the firm.

 

Law

Adam Cromie, a partner at Simpson Thacher & Bartlett, has left the firm after just three months to join Sidley Austin's global mergers and acquisitions practice, co-led by his mentor, David Grubman. Cromie said: “My experience at Simpson Thacher was good, but the opportunity to grow something on an exciting platform like Sidley's is too exciting to pass up.” Grubman, who previously served as M&A chair for Jones Day's Americas region, aims to expand Sidley's client base and recruit new partners. Cromie and Grubman have a history of advising major companies, including Evoqua Water Technologies in its $7.5bn merger with Xylem.

 

Bloomberg Law

Former top federal prosecutor in Manhattan Damian Williams is to rejoin Paul, Weiss, Rifkind, Wharton & Garrison as a partner. Williams issued a statement saying he was glad to be returning to the firm where he began his career. The company said he will represent clients in federal and state government probes, white-collar issues and internal investigations.

 

Reuters

According to the U.S. Trade Representative's annual report on “notorious markets,” nearly all of the 35,000 online pharmacies worldwide operate illegally, posing significant risks to consumers. Their websites often look like legitimate e-commerce platforms, often with false claims that they are approved by the Food and Drug Administration. The report highlights that these pharmacies may offer ineffective or dangerous medications, often produced in unsanitary conditions. It also identifies 19 countries with serious concerns regarding counterfeit or pirated products. 

 

The Baltimore Sun

Natural catastrophes caused $320bn in losses in 2024, or about a third more than the year before, underscoring the toll taken by climate change and property development in areas hit by extreme weather, Munich Re has said. "One record-breaking high after another – the consequences are devastating. The destructive forces of climate change are becoming increasingly evident, as backed up by science. Societies need to prepare for more severe weather catastrophes," said Thomas Blunck, a member of Munich Re’s board of management. The Americas shouldered approximately 60% of global natural catastrophe losses, higher than the 10-year average of 54%.

 

Financial Times

Reinsurance Business

Robinhood Markets has agreed to pay $45m to settle charges from the Securities and Exchange Commission (SEC) regarding multiple violations, including inadequate record keeping and trade reporting. The SEC's acting director, Sanjay Wadhwa, said Robinhood's firms "failed to comply with a broad array of requirements," which included accurately reporting trading activity and filing timely reports of suspicious activities.

 

Reuters