Minimum Competence

In today’s episode we have an IP heavy docket at SCOTUS, First Republic got a clean bill of health right before it keeled over and nearly died, no arbitration for food delivery services, and New York modifies its ethics rules regarding character and fitness requirements. Dog Toys, Drugs Lead Supreme Court’s High-Stakes IP Arguments - https://news.bloomberglaw.com/ip-law/dog-toys-drugs-lead-supreme...

In today’s episode we have, shockingly, it seems like FTX founder SBF might have been trying to transfer money to his own entities, GPT-4 gets a passing grade on the bar, Uber, Lyft and the ABC test and California is well represented at MLB HQ this year. FTX transferred $2.2 bln to Bankman-Fried via related entities, new managers say - https://www.reuters.com/technology/ftx-transferred-22-bln-bank...

In today’s episode we have a quick primer on the FDIC its Deposit Insurance Fund, Florida wants digital rights while it strips regular ones, anti-ESG as the real contagion and Harvey AI has entered the chat. 12 USC 1821 - https://www.law.cornell.edu/uscode/text/12/1821 Florida ‘Digital Rights’ Push Big Tech Into DeSantis Culture War - https://news.bloomberglaw.com/in-house-counsel/florida-digital-...

In today’s episode we have a North Carolina redistricting brouhaha, Michael Cohen somehow back testifying about something again, drilling for oil in the Alaskan tundra and fraud lawsuits for SVB and its CEO and CFO. North Carolina’s top court to hear redistricting case with national implications - https://www.reuters.com/legal/north-carolinas-top-court-hear-redistricting-case-with-national-implica...

In today’s episode we have Silicon Valley Bank collapsing and sending a cloud of bank-choking dust throughout the finance sector, NY seeking to reduce waste, and DoNotPay getting sued for not doing the stuff it says it does on the tin. Everything We Know About How the Fed Is Handling the SVB Crisis - https://www.bloomberg.com/news/articles/2023-03-13/everything-we-know-about-how-the-fed-is-handlin...

In today’s episode we have litigation funding chickens coming home to roost, more bad news for JPMorgan, the Supreme Court wants more money for protection and Column Tuesday on a Friday, where I try to push traffic to my Bloomberg Tax column like I’m former New Jersey Governor Chris Christie … and the column is … a bridge? Sysco sues litigation funder Burford, blasts Boies Schiller over $140 milli...

In today’s episode we have Sam Bankman-Fried asking for more time to prepare a defense, a former Florida prosecutor suing Ron DeSantis for his ousting, the JetBlue and Spirit merger, and trouble for JPMorgan. Bankman-Fried’s lawyers say October trial may need to be delayed - https://www.reuters.com/legal/bankman-frieds-lawyers-say-october-trial-may-need-be-delayed-2023-03-09/ Prosecutor’s lawsuit...

In today’s episode we have Missouri learning that federal law applies to them as well, Binance picking up a sweet deal on Voyager Digital, hepatitis C treatment patents, and a UVA Dean off to the Supreme Court. Judge Throws Out Missouri Statute Restricting Federal Gun Laws - https://www.nytimes.com/2023/03/07/us/politics/missouri-gun-law.html U.S. bankruptcy judge approves Binance. US $1.3 bln dea...

In today’s episode hosted by @ gina@esq.social we have the Supreme Court declining to hear a prayer vigil establishment clause case, the Biden administration looking to increase taxes to fund Medicare, trouble in cheese paradise and Column Tuesday, where we invite you to read co-host Andrew’s latest column at Bloomberg Tax. Thanks so much for listening to Minimum Competence. If you have any questi...

In today’s episode we have L’Oreal facing claims that hair relaxers cause cancer, NLRB flexing on Starbucks, the death of TikTok question mark question mark, Girardi says he isn’t guilty and more trouble for Binance crypto. L’Oreal to face Ben Crump among other lead counsel in hair relaxer litigation - https://www.reuters.com/legal/litigation/loreal-face-ben-crump-among-other-lead-counsel-hair-rel...

The subject today is the major questions doctrine, which has come up recently in the context of student loans – but has significance independent of where you stand on the question of loan forgiveness. Let’s take a deeper look at … the major questions-doctrine. Which kind of sounds like an army officer with a hyphenated last name. Thanks so much for listening to Minimum Competence. If you have any...

In today’s episode we have the Equal Rights Amendment fight heading to Congress, SCOTUS indicating it may sidestep election rulings, Google Incognito failing to qualify as a class, and the conviction of Alex Murdaugh. Equal Rights Amendment Backers’ 100-Year Fight Turns to Congress - https://www.bloomberglaw.com/product/blaw/bloomberglawnews/bloomberg-law-news/BNA%20000001869e3fd2a5a3efbebf8bf6000...

In today’s episode we have new national cybersecurity strategies, opioid manufacturers ducking liability, ESG retirement plan consideration updates and a racial bias claim against the NFL. Biden Cyber Plan Would Hold Software Makers Responsible in Hacks - https://www.bloomberglaw.com/product/blaw/bloomberglawnews/bloomberg-law-news/BNA%2000000186a1e3d607afefbffbfeaf0003 Opioid Distributors Cleared...

In today’s episode we have House republicans trying to dismantle Department of Labor ESG retirement investing rules, ERA backers defeated in DC appeals case, another brick in the FTX wall and a call for public comment regarding rental discrimination. Anti-ESG Measure Ditching Biden 401(k) Rule Wins House Approval - https://news.bloomberglaw.com/daily-labor-report/anti-esg-measure-ditching-biden-40...

In today’s episode we have SCOTUS Looking skeptically at the Identity Theft Penalty Enhancement Act, the Equal Rights Amendment being heard by the Senate Judiciary committee and column Tuesday, where I regale you in sound with what I have already subjected folks to in writing and cajole you to read my column on Bloomberg. Justices Appear Ready to Limit Breadth of Identity Theft Law (1) - https://w...

In today’s episode we have state solicitors generals and the supreme court, an impending environmental disaster at the Great Salt Lake, and the major questions doctrine may spell doom for Biden’s student loan relief plan. State Solicitors General to Have Big Week at US Supreme Court - https://news.bloomberglaw.com/us-law-week/state-solicitors-general-to-have-big-week-at-us-supreme-court Time Is Ru...

In today’s episode we have the EPA stepping in in the Ohio train wreck, Alex Jones having guns and crypto, ESG in investing, Sidney Powell wriggles free from an ethics inquiry and Alex Murdaugh enters his second day of cross examination. EPA Wields Superfund Law’s Big Stick in Ohio Train Wreck Cleanup- https://news.bloomberglaw.com/environment-and-energy/epa-wields-superfund-laws-big-stick-in-ohio...

In today’s episode we have an easing up on banks and firms that self-report white collar crimes, bankruptcy failing to discharge debt from spousal fraud, California trying to rein in AI, and NFT-security news. Wall Street Cops to Ease Up on Firms That Self-Report Misconduct - https://news.bloomberglaw.com/white-collar-and-criminal-law/wall-street-prosecutors-aim-to-get-firms-to-turn-themselves-in...

In today’s episode we have the NLRB ruling broad non-disparagement clauses in exchange for severance payments impermissible, more Section 230 tea leaf reading, the “crime fraud exception,” and Johnson and Johnson must pay up for pelvic mesh products. Employers can’t force you to keep quiet to get severance, labor board decides, reversing Trump-era rulings - https://www.businessinsider.com/nlrb-rul...

In today’s episode we have state arbitration limits being themselves limited in California, regulatory plans to avert the next toxic train disaster, section 230 and Column Tuesday taking aim at Experian and Equifax. California Is in Good Company as State Arbitration Limits Fall - https://news.bloomberglaw.com/daily-labor-report/california-is-in-good-company-as-state-arbitration-limits-fall Buttigi...

Welcome to the first weekend edition of Minimum Competence, we’re calling a Maximum Minimum Competence episode. Essentially, time permitting and given a coming major legal news story, we’ll try to get you a bit more up to speed than we can in our short form daily news show. This week, owing to the coming oral arguments in Gonzalez v. Google LLC on February 21st and 22nd, we’ll be taking a slightly...

In today’s foray in to audio of dubious distinction we talk about the California Fair Political Practices commission decision on a sweetheart tax deal, the SEC proposing a standard for safe storage of client crypto assets and the Supreme Court is set to hear a case involving Section 230 of the Communications Decency Act. California Watchdog Clears Lawyer at Center of Tax-Sharing Deals - https://ne...

In today’s jaunt we talk about greenwashing, an update on the Tesla unionization efforts and the company’s response, Disney versus the government of Florida, and tax raids at the BBC offices in India. Shell Greenwashing Challenge Highlights Risk of ESG Claims - https://www.bloomberglaw.com/product/blaw/bloomberglawnews/bloomberg-law-news/BNA%20000001863259d369a987bbfd15890001 Tesla Fires Dozens Af...

In today’s episode we’ll talk about personnel turnover at the #FTC, a grilling at the #FCC, the use of #AI in #patent applications, and the modernization of the #IRS. #Republican FTC Official Resigns Over Chair Lina Khan’s Agenda - https://www.bloomberg.com/news/articles/2023-02-14/christine-wilson-republican-ftc-official-resigns-over-chair-lina-khan-s-agenda #Biden FCC Nominee at Center of Debate...

In today’s Tuesday frolick we have the use of AI in trademark law, labor issues at Starbucks and Tesla, and the debut of Column Tuesday where I implore listeners of the podcast to become readers of my column at Bloomberg Tax. AI for Trademark Lawyers Moving Beyond Search to Expanding Work - https://news.bloomberglaw.com/ip-law/ai-for-trademark-lawyers-moving-beyond-search-to-expanding-work Starbuc...