Keep your finger on the legal world's pulse

A federal judge dismissed the U.S. Justice Department's lawsuit seeking an unredacted statewide voter registration list from California, stating that the claims were insufficient under federal civil rights and voting laws. U.S. District Judge David Carter emphasized that the request violated privacy laws, warning that “the centralization of this information by the federal government would have a chilling effect on voter registration.” California Secretary of State Shirley Weber affirmed her commitment to protecting democracy, stating: “I will continue to challenge this administration's disregard for the rule of law and our right to vote.” The DOJ had previously filed lawsuits against California and other states for not providing voter registration lists, citing legal grounds for their demands.

 

Bloomberg Law

Los Angeles Times

NPR / National Public Radio

U.S. News

The implementation of AI and data analytics in multidistrict litigation (MDL) is transforming how claims are managed. As noted by James Sullivan, a partner at Hollingsworth, these technologies can help ensure that "plaintiffs' claims meet basic requirements" and streamline the discovery process. The Depo-Provera MDL serves as a case study, where an AI-enabled platform was utilized for complaint tracking and deficiency analysis, resulting in a smoother process. The MDL court acknowledged the platform's effectiveness, stating: "This has been the smoothest deficiency process I've ever seen." However, human oversight remains crucial, as AI technology achieved only 84% to 85% accuracy, highlighting the need for attorney involvement.

 

Bloomberg Law

Marla Miller, a former international tax attorney and founder of 9To5 Legal Docs, is at the forefront of a growing movement of women in the legal AI sector. Her platform, currently in soft launch, aims to automate legal processes for early-stage startups, addressing the common bottlenecks faced by solo practitioners. “I liked what I did, but I didn’t like how I had to do it,” Miller explains, highlighting her motivation for creating a more efficient legal service model. The platform will feature an AI agent named “Hey Jane,” set to launch in 2026, designed to assist with business tax and startup law inquiries. Miller believes that women are gravitating towards legal tech because “we are organized, and AI is the ultimate tool for efficiency if used right.” As she prepares for the rollout of her tools, Miller exemplifies the innovative spirit driving change in the legal industry.

 

Above the Law

Above the Law examines the urgent need for mandatory Continuing Legal Education (CLE) on Generative AI (GenAI) for lawyers, emphasizing that "GenAI is here to stay" and poses significant risks if not understood. Many lawyers remain unaware of GenAI's implications, leading to sanctions for citing fictitious cases. The authors, Erica Zolner and Benjamin Redgrave, highlight that over 39 states have adopted rules requiring lawyers to stay informed about relevant technology. A mandatory GenAI CLE could cover essential topics such as the workings of large language models (LLMs), the risks of inaccuracies, and the importance of client confidentiality. The article argues that such training is crucial for maintaining professional standards and preparing lawyers for the evolving landscape of legal practice influenced by technology.

 

Above the Law

The U.S. Department of Justice (DOJ) released a classified memorandum evaluating the legality of the January 2026 military operation that captured Venezuelan President Nicolás Maduro. Drafted by Assistant Attorney General Elliot Gaiser, the memo concludes that the president had the constitutional authority to proceed with the operation, which was deemed not to constitute "war" under U.S. law, thus not requiring congressional approval. However, it acknowledged that the operation would qualify as an "armed conflict" under international law, subject to International Humanitarian Law principles. The memo also discussed potential legal implications for U.S. personnel involved, suggesting they would likely be protected under the public authority doctrine. The DOJ's publication comes amid rising international tensions regarding US actions in Venezuela, with UN experts condemning the operation as a breach of the UN Charter.

 

Jurist

The recent ruling in United States ex rel. Heath v. Wisconsin Bell by Judge Lynn Adelman reaffirmed the constitutionality of the False Claims Act's qui tam provisions, despite ongoing debates about their legitimacy. The qui tam mechanism, which allows private individuals to sue on behalf of the government, has been a significant tool for recovering taxpayer funds, generating approximately $3bn for the Department of Justice in 2024 alone. However, concerns persist regarding the balance of public and private interests, as many cases proceed without government intervention. As Judge Adelman noted: "Relators lack the necessary authority to be deemed ‘Officers of the United States.'” The case is set for trial on January 20, 2026, with materiality likely to be a central issue. The broader constitutional questions surrounding qui tam continue to loom, potentially leading to further scrutiny from the Supreme Court.

 

Bloomberg Law

Hawaiʻi's initiative to increase public defender salaries has hit a snag due to staffing shortages at the Department of Budget and Finance. Despite a $1.6m allocation for a 20% pay raise, attorneys have faced 12 consecutive pay periods with insufficient pay. Rep. David Tarnas expressed frustration, stating: “The fact that the administration has not followed through on that is troubling.” Entry-level public defenders now earn $91,140, still below their counterparts in county prosecutor offices. Jon Ikenaga, head of the public defender's office, noted that the raises were essential for attracting talent, especially on neighbor islands. Although staffing issues at the budget department are improving, the timeline for implementing the raises remains uncertain, with Ikenaga indicating that increased paychecks may start in February.

 

U.S. News

The Florida Supreme Court has ruled that students from non-American Bar Association (ABA) accredited law schools may be permitted to sit for the bar exam. This decision does not prevent students from ABA-accredited schools from participating; rather, it allows the court to approve law schools accredited by other Department of Education-approved bodies. This ruling follows Texas's recent decision to separate from the ABA regarding law school accreditation. As the court stated, this move could significantly "expand access to the state's legal industry."

 

Bloomberg Law

J. Russell McGranahan has been appointed as the new general counsel of the SEC, as the agency prepares for a significant regulatory agenda under Chairman Paul Atkins. Acting General Counsel Jeffrey Finnell will transition to the role of deputy general counsel. McGranahan previously served as the top lawyer at the General Services Administration during President Trump's second term and has experience as general counsel at Focus Financial Partners.

 

Bloomberg Tax

The Trump administration has filed a lawsuit against California over Senate Bill 1137, which establishes a 3,200-foot buffer zone between new oil and gas wells and sensitive areas such as homes and schools. The U.S. Department of Justice argues that the law violates federal regulations and could eliminate about one-third of federally authorized oil and gas leases in California. California officials, including Governor Gavin Newsom's office, are prepared to defend the law, emphasizing its importance for public health. Environmental groups have condemned the lawsuit, viewing it as an attack on health protections established after years of advocacy.

 

Los Angeles Times

Paramount faced a significant setback in a Delaware court as Vice Chancellor Morgan T. Zurn denied its request to expedite a lawsuit against Warner Bros. Discovery. Paramount sought internal financial details to persuade Warner shareholders ahead of a tender offer deadline. Zurn stated that Paramount did not demonstrate “cognizable irreparable harm” without the requested information. Paramount claims its $108bn offer is more beneficial for Warner shareholders than Netflix's deal. Warner Bros. Discovery dismissed the lawsuit as an “unserious attempt” to distract, asserting that their board unanimously found Paramount's proposal inferior. Paramount maintains that Warner shareholders deserve clarity on asset valuations to make informed decisions.

 

Los Angeles Times

U.S. News

Robert Kramer, former CEO of Emergent BioSolutions, has been charged with insider trading by New York Attorney General Letitia James. The civil lawsuit alleges that Kramer sold stock while aware of contamination issues at a Baltimore plant producing COVID-19 vaccines, generating $10.12m in illegal profits. The sales occurred just before a decline in Emergent's share price, which has since fallen about 90%. Emergent has agreed to pay a $900,000 civil fine and will enhance its insider trading policies.

 

U.S. News

Tom Goldstein, a prominent appellate attorney known for arguing over 40 cases before the U.S. Supreme Court, is currently on trial in Maryland federal court facing allegations of tax crimes and mortgage fraud. Federal prosecutors claim that Goldstein accumulated significant gambling debts while evading taxes. His defense is being handled by attorneys from Munger, Tolles & Olson. The trial commenced with opening statements highlighting the serious nature of the charges against Goldstein, who has denied all allegations.

 

Law

Randy Mastro, the former first deputy mayor of New York City, has joined Dechert as co-chair of the firm's securities and complex litigation practice. 

 

Law

The U.K. legal market is experiencing significant growth, with revenues surpassing £52bn ($70bn) in 2025. Major U.S. law firms are making a substantial impact on the landscape of U.K. law firms, leading to increased earnings and compensation. As noted in LawFuel's UK law firm survey, "the big firms at the top hoovering up an ever-larger slice of the pie" reflects the competitive nature of the market.

 

LawFuel