Mandatory Bar Association Challenges Fail: The Morning Minute
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April 05, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
PAY YOUR DUES - Looks like lawyers across the country won't be closing out their bar tabs any time soon. Yesterday, as Law.com's Adolfo Pesquera reports, the U.S. Supreme Court denied three petitions challenging mandatory state bar associations, preserving the institutions' existence in 31 states and the District of Columbia. The plaintiffs in all three cases—Taylor v. Heat (Michigan), Schell v. Darby (Oklahoma) and McDonald v. Firth (Texas)—argued that bar associations engaging in political and ideological activities offend some members by infringing on their rights to freedom of association and free speech. In response to the SCOTUS denials, Texas State Bar President Sylvia B. Firth said her organization was "pleased the Court continues to recognize the longstanding precedent that supports the mandatory bar structure. Thirty other states and the District of Columbia use a mandatory bar structure because it is a proven, effective way to regulate the legal profession and improve the quality of legal services provided to the public." Meanwhile, in a tweet, the lead plaintiff in the Texas matter, Tony McDonald of Austin, summed up the appellate process quite succinctly: "It's funny how this high-level constitutional litigation works. You read a SCOTUS opinion, go 'I think they want to overturn decision X' and then launch several years of litigation to claw your way to SCOTUS and learn 'Nah, I guess not.'"
STAYING SINGLE - There's been a lot of pressure on law firms in recent years to get hitched. But it seems like many firms are simply too focused on their careers to settle down right now. That's according to consulting firm Fairfax Associates, which said in a new report that merger activity in the first quarter of 2022 has been "surprisingly quiet," declining from last year and falling well below the historical average in what is normally the busy season for completing law firm combinations. Lisa Smith, a principal at Fairfax, told Law.com's Andrew Maloney that the slow pace to start could portend a slow year overall. The firm counts mergers that are actually finalized per quarter, rather than just announced. Law firms often aim to finalize mergers at the start of the calendar year to make operations and financial integration easier. However, firms are still being challenged by COVID-19, the analysts concluded, and the amount of demand from clients is making it tough to devote enough resources to mergers, even for firms that are interested in linking up. "[T]he logistical challenges of negotiating and completing mergers are real, especially in a remote and high-demand environment," the report said, adding that growth through mergers "requires a significant commitment of leadership time and resources."
WHO GOT THE WORK?℠ - Sean A. Commons, T. Robert Scarborough and Christopher M. Assise of Sidley Austin have stepped in as defense counsel to American Family Insurance Company in a pending data breach class action. The complaint, filed Feb. 15 in California Northern District Court by Cole & Van Note, accuses AmFam of failing to implement adequate data security measures arising from a Dec. 2021 breach impacting the personal and financial information of current clients. The case, assigned to U.S. District Judge Sallie Kim, is 3:22-cv-00939, Kowarsky v. American Family Life Insurance Company. >> Read the filing on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
ALIEN REALM - Showtime was hit with a trademark infringement lawsuit Monday in Wyoming District Court targeting its "UFO" television series. The court action was filed by attorney Bradley L. Booke on behalf of "UFO Magazine," which asserts the trademark for "UFO" in the realms of television, film, publishing and other media and claims that it has been in talks to develop a movie or series for years. Counsel have not yet appeared for the defendant. Counsel have not yet appeared for the defendant. The case is 0:22-cv-00078, UFO Magazine, Inc. v. Showtime Network Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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