Minimum Competence

Thanks for reading Minimum Competence! Subscribe for free to receive new posts and support our work. Manhattan prosecutors have accused former President Donald Trump of misleading people to expect his arrest this week and prompting Republican Congress members to interfere with the investigation into his hush-money payment to porn star Stormy Daniels. On Saturday, Trump claimed that he would be arr...

Let’s boogie oogie oogie over to today's legal news. The US Supreme Court heard arguments in a case involving a parody dog toy named "Bad Spaniels," which resembles a Jack Daniel's whiskey bottle. Jack Daniel's is appealing a lower court's ruling that the toy is protected by the First Amendment as an "expressive work," while also raising trademark infringement concerns. The justices were cautious...

Let’s meet the halfway point in the week head-on and take a peek at today’s legal news.   The US Supreme Court is deciding whether US trademark law applies to foreign conduct in a case involving a $90m infringement award over radio remote controls. The Tenth Circuit upheld a $115m award, including $90m in trademark infringement damages, to Hetronic International against Abitron Germany for infring...

In today’s episode they’re trying to put big Donny in a cage, Fox and Dominion each angel for pretrial wins, Sysco has an ongoing issue with its litigation funder, and column Tuesday where I regale you with the similarities between Donald Trump’s baby bonus proposal and Hungary’s tax policy. Trump says he expects to be arrested on Tuesday, calls for protests - https://www.reuters.com/world/us/trum...

In today’s episode we have states trying to put their children to work, SVB’s parent is cut off from SVB bank records, and updates and expectation management for the potential Trump arrest. States Look to Ease Child Labor Laws as Federal Scrutiny Grows - https://news.bloomberglaw.com/daily-labor-report/states-look-to-ease-child-labor-laws-as-federal-scrutiny-grows Witness may challenge Michael Coh...

Hello and welcome to a weekend edition of Minimum Competence, we’re calling a Maximum Minimum Competence episode. Essentially, time permitting and given a 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 one? It’s on money. Namely, how it’s created, who creates it, and what limits the amount in circulation. Spoiler: the answer...

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...