Trump Financial Subpoena Cases Embroil SCOTUS

Investigations into President Donald Trump will be front and center at the U.S. Supreme Court on March 31, when the justices are scheduled to hear arguments over whether congressional committees and Manhattan prosecutors can get their hands on the president’s financial records—including his tax returns.

The much-anticipated dispute comes to the high court as coronavirus concerns sweep the nation, prompting uncertainty over how the notoriously old-fashioned institution—which doesn’t livestream arguments and has multiple members in their 80s—will handle the proceedings.

For more, view our podcast SCOTUS Deep Dive: The Trump Financial Subpoena Cases (PODCAST).

TOP STORIES

Supreme Court Pushed to Stream Arguments Amid Public Closure
The U.S. Supreme Court is closed to the public due to coronavirus concerns, but the closure could ironically increase court access in some ways, if the justices heed the latest call to live-stream arguments.

Trump Victory Over Congressional Oversight Will Get Court Review
A federal appeals court has set aside President Donald Trump’s victory last month in a ruling that called congressional oversight of the White House into question.

Davis Wright Closes Multiple Offices After Legal Assistant Dies
Davis Wright Tremaine has announced the closure of its Bellevue, Wash. and Seattle offices following the death of an executive legal assistant who was experiencing flu-like symptoms.

Want to Sue Because of a Coronavirus Quarantine? Good Luck
Unprecedented government restrictions being placed on public gatherings and personal behavior in the face of the coronavirus outbreak could eventually trigger civil rights challenges, but legal experts say they would be tough to win.

PRACTITIONER INSIGHT: How GCs Can Evolve From ‘Lawyer in the Room’ to Strategic Business Partner
Modern general counsel need to partner with the CEO and advise on more than just legal matters. Nathan Wenzel, CEO of SimpleLegal, says GCs are expected to be strategic business partners, analysts, and budget managers, and offers tips on how to achieve these goals.

BLOOMBERG LAW ANALYSIS

ANALYSIS: Emerging Trends in Courts’ Reactions to Coronavirus
The evolving legal landscape in the age of Covid-19, as the disease caused by the new coronavirus is known, has seen a lot of action across the nation’s courts this week. As more courts issue notices, standing orders, and the like to address who may come to court, who should stay home, and what matters will proceed and in what form, there are some trends starting to emerge.

PRACTITIONER INSIGHTS

INSIGHT: A Crescendo of Calls for Student-Athletes’ Right to Play and Get Paid
The NCAA faces criticism for its policies on student-athlete compensation and transfer eligibility. Mintz attorneys examine California’s new law that allows for endorsements and conflicts with NCAA rules, how other states and Congress are considering similar laws, and litigation to watch in 2020.

INSIGHT: U.S.-China Trade Agreement IP Provisions Ambitious
The new Economic and Trade Agreement between the U.S. and China contains provisions that will strengthen IP protection and enforcement in China. Snell & Wilmer LLP attorneys discusses key aspects of the agreement from an IP perspective and say it is notably ambitious in terms of China’s commitments.

IN CASE YOU MISSED IT

Supreme Court

JPMorgan ‘Wishes to Escape’ Review of Misconduct, SCOTUS Told
A whistleblower urging the U.S. Supreme Court to revive fraud claims against JPMorgan Chase Bank asserts review of his case is needed because the bank and federal government are downplaying the impact of a circuit split over the Justice Department’s power to dismiss a False Claims Act suit.

Business & Practice

California Bar Board Requests Comment on More Lawyer Fee Sharing
California lawyers could expand fee-sharing arrangements with non-profits under a proposed rule out for public comment as part of the state bar’s effort to improve access to justice.

Wells Fargo Poised to Hire TD Bank’s Top Lawyer as Its Own
Ellen Patterson, the top in-house lawyer at Toronto-Dominion Bank, will be the new general counsel at Wells Fargo & Co., according to two sources knowledgeable with the matter.

Reed Smith’s U.S., Europe, Middle East Employees to Work Remote
Reed Smith will have employees in its U.S., Europe, and Middle East offices working remotely until further notice to limit coronavirus spread, a firm representative said in a statement.

Indefinite Suspension for N.Y. Lawyer After $150K Goes Missing
A New York lawyer has been indefinitely suspended after failing to answer three complaints filed by the state attorney grievance committee regarding settlement funds of more than $150,000 he received and never disbursed.

Case Alert

Prisoner Loses Habeas Appeal Over Race-Related Jury Strike
A California prisoner failed to convince the Ninth Circuit on Friday to grant his habeas petition claiming that a trial judge struck a juror based on race-related reasons in violation of the prisoner’s constitutional rights, with the court saying the comments weren’t about the juror’s race but about the possibility of bias.

Honolulu Not Liable for Drunk Cop Who Shot Bartender by Accident
A Honolulu bartender accidentally shot by an intoxicated off-duty police officer can’t pursue civil rights claims against the city and county, because police department policies about off-duty officers carrying weapons didn’t create “deliberate indifference to her federally protected rights,” the Ninth Circuit said.

Hospice Company to Appeal in Fight Over Expert Testimony
A hospice care company will appeal a recent ruling that allowed medical expert testimony to advance a case challenging the validity of a Medicare reimbursement claim.

9/11 Defendant Loses Bid to Preserve CIA Black Site
Guantanamo Bay detainee Ammar al Baluchi lost his bid to halt the destruction of a CIA “black site” to aid in his defense, because he failed to show that government-provided digital and photographic representations of the site would be inadequate, the D.C. Circuit ruled.

Home Buyers Not Injured by Alleged Settlement Kickback Scheme
Maryland home buyers lack standing to pursue a class suit against a real estate company and title company over an alleged settlement kickback scheme because they didn’t suffer a concrete injury through paying unreasonable fees, the Fourth Circuit said Friday.

Hospital Wins on ‘Good Faith’ Defense to Alleged Patient Dumping
A man whose vehicle accident led to his legs being amputated failed to convince the Fourth Circuit to find that Maryland’s Dimensions Health Corp. admitted him in bad faith only to comply with a federal law aimed at preventing patient dumping.

FEC Refusal to Scrutinize Claims of Super PAC Violations Upheld
The Federal Election Commission sufficiently explained its decision not to investigate five complaints of allegedly unlawful Super PAC donations, the D.C. Circuit said.

Texas Death Row Inmate Can Appeal Over Counsel’s Effectiveness
A man sentenced to death in Texas for the murder of a pastor and beating of his assistant in a robbery will have a chance to argue his lawyers were ineffective in the punishment phase of his trial, the Fifth Circuit ruled.

Dunning Letter Saying Fee Could Go Up, Though it Couldn’t, OK
A debt collection agency shook off a debtor’s Federal Debt Collection Act claims because the collection letter it sent, demanding zero in fees and interest but stating that the amount could go up, was permissible, the Fifth Circuit said.

NYU Law School Gets Partial FOIA Win in Terrorism Case Request
New York University Law School’s Brennan Center for Justice got a partial win in a Freedom of Information Act case, as a federal court said the U.S. Justice Department must provide the docket numbers in terrorism cases that resulted in convictions.

Also in the News

Trump, Kushner Sued Over Clemency Task Force Transparency
President Donald Trump has been sued over his alleged lack of transparency about an advisory committee that counsels him on the use of his power to grant pardons and sentence commutations, according to a new complaint in a Washington, D.C., federal court.

LEGAL OPERATIONS SURVEY

Bloomberg Law’s second annual Legal Operations survey is live. Click here to provide confidential insights and perspectives into legal processes and operations, legal technology adoption, and other important topics.

WORKFLOWS

Baker & Hostetler launched an office in San Francisco after adding Robb Adkins as a partner from Winston & Strawn | Debevoise & Plimpton said that Eric Dinallo has returned to the firm to chair its Insurance Regulatory Practice and join its Financial Institutions and White Collar & Regulatory Defense Groups | Jackson Walker has relocated its San Angelo office; their new address is 136 W. Twohig, Suite B, San Angelo, Texas, 76903 | Greenberg Traurig elevated five attorneys to shareholder and five to of counsel in the firm’s California offices | Sherman & Howard elected six new leaders to management positions | Thompson Coburn appointed Rick Reibman as managing partner of the Chicago office (he is a vice chair of the Corporate and Securities group); the firm also announced the opening of a new office in Dallas | McCarter & English recently elected Thomas “Tom” Finn as the newest member of the Executive Committee, while Cynthia Keliher has been reelected to the committee | Shook, Hardy & Bacon promoted 14 attorneys to partner | Marshall Dennehey launched four new practice groups - Behavioral Health Risk and Liability, Electronic Medical Record and Audit Trail Litigation, Emergency Medical Services, and Telehealth and Telemedicine | Nixon Peabody promoted 13 attorneys to counsel | Shutts & Bowen recently appointed James Eaglesham as the firm’s new Chief Financial Officer | K&L Gates has elected 41 lawyers worldwide as new partners of the firm; 17 out of 41 of the lawyers are women.

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