Keep your finger on the legal world's pulse

The BBC has apologized to Donald Trump over the editing of a documentary that led to the resignation of two senior members of staff. However, the corporation has rejected Trump's demands for compensation. Lawyers for the President had threatened to sue for $1bn in damages unless the BBC issued a retraction, apologized and settled with him. “Lawyers for the BBC have written to President Trump’s legal team in response to a letter received on Sunday,” a BBC spokesperson said. “BBC chair Samir Shah has separately sent a personal letter to the White House making clear to President Trump that he and the corporation are sorry for the edit of the president’s speech on 6 January 2021, which featured in the programme.”  Trump's legal team said on Thursday the U.S. president has not yet filed a lawsuit against the BBC.

 

Reuters

The Guardian

The High Court in London has ruled that BHP, the world’s biggest mining company, is legally liable for one of the worst environmental disasters in the history of Brazil. Hundreds of thousands of Brazilians, around 2,000 businesses, and dozens of local governments had sued BHP over the collapse of the Fundao dam in Mariana, in the southeast of the country, which was owned and operated by BHP and Vale's Samarco joint venture. The event unleashed a wave of toxic sludge that killed 19 people and polluted the length of the Doce River.  Judge Finola O'Farrell said in a summary of her ruling that BHP should not have continued to raise the height of the dam before its collapse, which was "a direct and immediate cause of collapse of the dam giving rise to fault-based liability on the part of BHP."

 

France 24

Financial Times

Reuters

A Chicago jury has awarded over $28m to the family of Shikha Garg, a UN worker killed in the 2019 Ethiopian Airlines 737 MAX crash. Under a deal struck Wednesday, Boeing will pay $35.85m, including interest, without appeal. It's the first jury verdict among dozens of crash-related lawsuits. Attorneys said the ruling offers “public accountability for Boeing’s wrongful conduct.” The crash followed the similar 2018 Lion Air disaster, with both events blamed on a faulty flight control system. Boeing has settled over 90% of related claims and issued a statement expressing condolences.

 

Reuters

Amazon is facing a proposed class action lawsuit alleging that its absence policy discriminates against warehouse employees with disabilities. The complaint, led by Cayla Lyster, claims that Amazon docks unpaid time off for employees seeking accommodations and threatens termination for excessive absences. Lyster, who has Ehlers-Danlos syndrome, described what she said was a "punitive absence control system," which she claims intimidates employees into not requesting necessary accommodations. The lawsuit seeks damages for hourly warehouse workers in New York who have sought or intended to seek accommodations over the past three years. Inimai Chettiar, president of A Better Balance, a workplace advocacy organization, said that "workers shouldn't ever need to choose between their safety and their paycheck." The lawsuit follows a similar case filed by New Jersey Attorney General Matthew Platkin against Amazon for denying reasonable accommodation requests.

 

Bloomberg Law

Reuters

Striking workers at Boeing Defense's St. Louis-area facilities have approved the company's latest contract offer, ending a 101-day strike that disrupted production. The International Association of Machinists and Aerospace Workers (IAM) District 837, representing about 3,200 members, sought better bonuses and retirement contributions. Boeing's revised offer included a cash incentive increase to $6,000, despite a reduction in the overall bonus. The strike, which began on August 4, affected deliveries of F-15 fighter jets to the U.S. Air Force and slowed production across various programmes. IAM officials confirmed the vote on Thursday.

 

U.S. News

A federal judge has allowed Elon Musk’s X Corp and xAI to move forward with their antitrust lawsuit against Apple and OpenAI. The suit claims Apple’s exclusive integration of ChatGPT into Apple Intelligence features unlawfully blocks rivals, violating antitrust laws. X also alleges bias in App Store promotion, citing ChatGPT’s inclusion on Apple’s “Must-Have Apps” list. Judge Mark Pittman emphasized the ruling isn't a judgment on the merits. Apple argued its OpenAI partnership isn’t exclusive and rival chatbots remain accessible. OpenAI dismissed the lawsuit as part of Musk’s “ongoing pattern of harassment” and said it’s ready to fight the claims in court.

 

Reuters

Coinbase is exiting Delaware to reincorporate in Texas, citing a friendlier legal and regulatory environment. The move reflects a trend dubbed “Dexit,” whereby firms, including Tesla and Trump Media, relocate from Delaware. Coinbase Chief Legal Officer Paul Grewal criticised Delaware’s expanding judicial scrutiny, saying: “Delaware has left us with little choice.” The shift follows rulings like the voiding of Elon Musk’s $56bn Tesla pay package. Texas, meanwhile, is attracting crypto firms with lower costs, regulatory clarity, and business courts. Coinbase, valued at $82bn, becomes one of the largest companies to make the move.

 

Wall Street Journal

Generative artificial intelligence is rapidly transforming the legal landscape, particularly for in-house counsel. According to the October report from the Association of Corporate Counsel, the use of generative AI among in-house lawyers has surged, with over 50% now utilizing it, up from 23% in 2024. Notably, two-thirds of respondents aim to reduce reliance on outside counsel, and more than 60% are likely to advocate for changes in legal service pricing.

 

ABA Journal

Squire Patton Boggs is set to open its 48th international office in Baku, Azerbaijan, in 2026, following its recent launch in Kazakhstan. The announcement was made on November 12. Richard Gibbon, a partner specializing in government investigations and white-collar crime, has been appointed to lead the new team.

 

CDR	The Global Legal Post

Maria Kostytska has joined K&L Gates as a partner in its litigation and dispute resolution practice in Paris. She specializes in investor-state and commercial arbitration, as well as litigation across various sectors, including oil and gas, renewable energy, and banking. Kostytska, who previously worked at Winston & Strawn, also serves as an arbitrator.

 

Bloomberg Law

Law

Securities and Exchange Commission chair Paul Atkins says the regulator is considering a new framework for classifying digital assets. "In the coming months, I anticipate that the Commission will consider establishing a token taxonomy" anchored in legal reasoning that distinguishes securities from commodities, SEC Chair Paul Atkins said. He added that this will recognize that there are "limiting principles to our laws and regulations."

 

Crypto News

Reuters

U.S. corporate bankruptcies are on track to hit a 15-year peak, with 655 filings through October, up from 687 in all of 2024, according to S&P Global. October alone saw 68 filings, driven by inflation, high input costs, and labor market weakness. The industrials sector leads with 98 bankruptcies, followed by consumer discretionary with 80. Tariff uncertainty under President Trump and credit market instability are compounding pressures. Notable cases include First Brands, with over $10 billion in liabilities, and Tricolor, which triggered a $170m charge-off for JPMorgan, which CEO Jamie Dimon admitted was “not our finest moment.”

 

Reuters