Minimum Competence

Andrew and Gina Leahey

Minimum Competence is your daily companion for legal news, designed to bring you up to speed on the day’s major legal stories during your commute home. Each episode is short, clear, and informative—just enough to make you minimally competent on the key developments in law, policy, and regulation. Whether you’re a lawyer, law student, journalist, or just legal-curious, you’ll get a smart summary without the fluff. A full transcript of each episode is available via the companion newsletter at www.minimumcomp.com. www.minimumcomp.com

  1. 2D AGO

    Legal News for Fri 5/8 - Trump Tariff Womp Womp, NY Proposed ICE Mask Ban, IL Push to Limit Investor Influence in Firms

    This Day in Legal History: V-E Day On May 8, 1945, the Allies celebrated Victory in Europe Day, or V-E Day, after Nazi Germany’s unconditional surrender brought the European theater of World War II to an end. The surrender did more than end a military campaign; it opened the door to one of the most important legal reckonings in modern history. In the months that followed, the Allied powers created the International Military Tribunal at Nuremberg to prosecute major Nazi leaders for crimes against peace, war crimes, and crimes against humanity. These trials helped establish that individuals, including heads of state and military officials, could be held personally responsible under international law. That principle was a major departure from older ideas that treated war primarily as a matter between nations rather than as a source of individual criminal liability. V-E Day also set the stage for the legal rejection of the defense that officials were merely “following orders” when participating in atrocities. The postwar prosecutions influenced later human rights law, including the Genocide Convention and the Universal Declaration of Human Rights. They also helped shape the Geneva Conventions of 1949, which strengthened protections for civilians, prisoners of war, and wounded soldiers. The legal aftermath of V-E Day showed that victory would not be measured only by military surrender, but also by whether law could respond to mass violence. It forced courts and governments to confront how ordinary legal systems had failed under fascism and how international law might prevent future atrocities. The Nuremberg legacy remains central to modern debates over command responsibility, aggressive war, and accountability for crimes committed during armed conflict. May 8 therefore stands not only as a day of celebration, but as a turning point in the development of international criminal law. A U.S. trade court ruled that President Trump’s latest temporary 10% global tariffs were not properly justified under Section 122 of the Trade Act of 1974. The decision was narrow, blocking the tariffs only for two private importers, Basic Fun! and Burlap & Barrel, along with the State of Washington. The tariffs remain in place for all other importers while the Trump administration considers an appeal, and they are currently set to expire in July. The court found that Section 122, which allows short-term tariffs to address serious balance-of-payments problems or protect the dollar, did not fit the trade deficits cited by Trump. Most of the state plaintiffs were denied broader relief because the court found they lacked standing, since they had not shown they directly paid or would pay the tariffs. Washington was treated differently because it submitted evidence that tariffs were paid through the University of Washington. The ruling follows a Supreme Court decision that had already struck down a separate set of Trump tariffs imposed under a national emergency law. The administration is expected to keep pursuing tariffs through other legal routes, especially Section 301 of the Trade Act, which deals with unfair trade practices. Lawyers and trade experts expect further appeals and possible lawsuits from other importers seeking similar relief or refunds. For now, the ruling is legally important but limited in practical effect because it does not stop the tariffs nationwide. US trade court rules Trump tariffs illegal, but issues narrow block | Reuters New York is preparing to ban law enforcement officers, including ICE agents, from wearing masks during ordinary duty operations. Governor Kathy Hochul announced the plan as part of a broader agreement with state lawmakers on New York’s 2027 budget. The proposal would allow masks only in limited situations where there is a real operational need, such as the use of a gas mask. The budget agreement also includes immigration-related limits on cooperation between state law enforcement and ICE. Under the plan, state law enforcement would be barred from helping ICE carry out federal immigration actions. ICE would also be restricted from entering schools, healthcare facilities, homes, and other sensitive locations unless agents have a judicial warrant. State officials expect the Democratic-led legislature to approve the measures soon. Similar mask restrictions have been pursued in California and New Jersey. Those efforts have already drawn lawsuits from the U.S. Justice Department. A federal judge struck down California’s ban earlier this year, finding that it unlawfully discriminated against federal officers. That history suggests New York’s measure is likely to face a federal legal challenge as well. New York state set to ban law enforcement, including ICE, from wearing masks | Reuters Illinois lawmakers advanced an amended bill meant to limit outside investor influence over law firms. The state Senate Judiciary Committee approved the measure 8-1, sending it to the full Senate for further consideration. The bill targets arrangements involving law firm management services organizations, often called MSOs, and other non-lawyer-owned entities connected to legal practices. It would bar those entities from interfering with lawyers’ professional judgment, hiring decisions, or access to firm documents. It would also prevent outside entities from charging fees tied directly or indirectly to a law firm’s fees or revenue. The amended version allows law firms to repay loans or credit from outside entities, as long as repayment is not tied to the firm’s financial performance. It also narrows the bill so that it applies to Illinois lawyers and firms representing clients at least partly on a contingency-fee basis. Lawyers would have to disclose MSO agreements to their clients. Supporters say the bill is designed to keep legal decisions in the hands of attorneys rather than investors seeking profits. Critics argue the bill is too broad and may interfere with the Illinois Supreme Court’s authority to regulate the legal profession. The Illinois House already passed an earlier version, but it would need to approve the amended bill before it could go to the governor. Illinois advances bill to limit investor influence on law firms | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

    6 min
  2. 3D AGO

    Legal News for Thurs 5/7 - Apple AI Settlement, Bayer $2.45B eye-drug deal and "Duty to Innovate?"

    This Day in Legal History: Salmon P. Chase Dies On May 7, 1873, Chief Justice Salmon P. Chase died, ending one of the most unusual legal and political careers in American history. Chase had been an antislavery lawyer, a U.S. senator, governor of Ohio, Abraham Lincoln’s secretary of the Treasury, and then Chief Justice of the United States. He was also one of the many talented and ambitious men around Lincoln who did not begin as an admirer of him. Before Lincoln became president, Chase had encountered him as a lawyer and reportedly did not think much of him, viewing him as a rough western attorney rather than a national figure. After Lincoln defeated him for the Republican nomination in 1860, Chase had reason to believe a summons to the White House might be an occasion for Lincoln to enjoy the victory. Instead, Lincoln offered him one of the most important jobs in the government: secretary of the Treasury. It was a revealing moment in Lincoln’s political genius, because he was willing to place a rival who had underestimated him in a position of enormous responsibility during the Civil War. Chase helped finance the Union war effort and became closely associated with the creation of a national banking system and the issuance of paper currency. In 1864, Lincoln elevated him again by appointing him Chief Justice of the United States. As Chief Justice, Chase presided over the 1868 impeachment trial of President Andrew Johnson, a major constitutional test of presidential power and congressional authority. Near the end of his life, Chase dissented in the Slaughter-House Cases, one of the first major Supreme Court interpretations of the Fourteenth Amendment. The Court’s majority read the Amendment’s Privileges or Immunities Clause narrowly, limiting a provision that many had hoped would become a strong source of federal protection for civil rights. Chase’s dissent placed him on the side of a broader understanding of Reconstruction’s constitutional promise. His death mattered not only because of the offices he held, but because it came at a moment when the Supreme Court was deciding whether the Civil War amendments would transform American law or be read down almost as soon as they were adopted. Apple customers have asked a California federal judge to preliminarily approve a proposed $250 million settlement over claims that Apple overstated the artificial intelligence features available on the iPhone 16. The proposed class includes people who bought any iPhone 16 model or certain iPhone 15 models between June 10, 2024, and March 29, 2025. The customers allege Apple advertised enhanced Siri capabilities as part of its Apple Intelligence rollout even though those features were not yet available. Under the settlement, eligible class members who submit valid claims would receive $25 per device, with payments possibly rising to $95 per device depending on participation. Apple is also expected to provide additional Siri-related Apple Intelligence updates in the future at no extra cost. The plaintiffs said settlement made sense because AI-related consumer claims are still legally novel and would carry risk if the case continued. Apple had argued that its marketing was not deceptive because it had already released many Apple Intelligence features and had disclosed that other features would arrive over time. The case began in March 2025 and later became part of a consolidated set of related lawsuits in the Northern District of California. The parties conducted discovery, consulted experts, and participated in three full-day mediation sessions before reaching the proposed deal. Plaintiffs’ lawyers plan to seek up to $70 million in fees, plus up to $600,000 in expenses. The settlement does not resolve separate securities or shareholder cases claiming Apple misled investors about the timing of the Siri rollout. Apple said it settled to remain focused on developing products and services, while maintaining that it has already introduced numerous Apple Intelligence tools. Apple Reaches $250M Deal Over Claims It Overhyped IPhone AI - Law360 Bayer has agreed to acquire Perfuse Therapeutics, a San Francisco biopharma company, in a deal worth up to $2.45 billion. The transaction gives Bayer full rights to PER-001, a drug candidate in phase-two clinical development for glaucoma and diabetic retinopathy. Bayer will pay $300 million upfront, with the rest tied to development, regulatory, and sales milestones. Perfuse focuses on treatments that improve blood flow to the retina, with the goal of addressing conditions that can lead to blindness. Bayer said the acquisition strengthens its ophthalmology pipeline and supports its effort to develop new therapies for serious eye diseases. The deal is being handled legally by Baker McKenzie for Bayer, with partners Alan Zoccolillo, Oren Livne, and Jieun Tak leading the team. Goodwin Procter is advising Perfuse. The transaction still needs antitrust clearance and approval from Perfuse shareholders. Bayer is being advised financially by BofA Securities, while Centerview Partners is advising Perfuse. Bayer and Perfuse said glaucoma could affect about 112 million people by 2040, while diabetic retinopathy could affect 160 million people by 2045. Baker McKenzie-Led Bayer To Buy Perfuse For Up To $2.45B - Law360 UK The California Supreme Court is considering whether drugmakers can be held legally responsible for stopping development of a potentially safer drug while continuing to sell an already-approved medication. The case involves Gilead Sciences and roughly 24,000 HIV patients who took drugs containing tenofovir disoproxil fumarate, or TDF. TDF-based drugs received FDA approval in 2001, but they were associated with possible kidney and bone side effects. Gilead later began developing a related drug, tenofovir alafenamide fumarate, or TAF, which patients say had fewer side effects. The company stopped developing TAF in 2004, arguing that it was not different enough from TDF to justify further investment. The patients claim Gilead delayed TAF for business reasons, including to protect TDF sales and time TAF’s release around the expiration of TDF patents. Gilead argues that allowing the negligence claims to proceed would punish companies for researching possible improvements and could discourage innovation. The company says the lower court rulings effectively create a “duty to innovate,” even when the drug already on the market is not alleged to be defective. The patients respond that the case is not about forcing endless research, but about whether Gilead unreasonably delayed a safer alternative for profit. A ruling for the patients could expand product-liability exposure for pharmaceutical companies, while a ruling for Gilead could limit claims based on decisions not to commercialize drugs still in development. California’s highest court to consider whether drugmakers have ‘duty to innovate’ | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

    7 min
  3. 4D AGO

    Legal News for Weds 5/6 - Musk v. OpenAI Drama Continues to Unfold, Publishers Sue Meta over AI Training, SCOTUS Fast Tracks VRA Ruling

    This Day in Legal History: Chinese Exclusion Act On May 6, 1882, President Chester A. Arthur signed the Chinese Exclusion Act into law. The law imposed a 10-year ban on the immigration of Chinese laborers to the United States. It also made Chinese immigrants already in the country ineligible for naturalized citizenship, marking a major turn toward federal immigration restriction. The National Archives describes it as the first significant U.S. law restricting immigration and notes that it targeted an ethnic working group on the theory that it threatened public order. The law grew out of anti-Chinese racism and labor anxiety, especially in the American West, where Chinese workers were blamed for low wages and job competition. Although the Act formally applied to “Chinese laborers,” its enforcement burdened many Chinese people seeking entry, including those who claimed exempt status. The National Archives notes that the law helped create a broader framework for later race- and class-based exclusionary immigration policy. The Act was not temporary in practice. Congress extended it through the Geary Act of 1892, later made the exclusion regime permanent, and did not repeal the ban until 1943, during World War II, when the United States and China were allies. OpenAI president Greg Brockman testified in federal court that Elon Musk once supported changing OpenAI from a nonprofit into a for-profit company, but wanted full control of the organization as part of that shift. Brockman said Musk believed the nonprofit model could not raise enough money to build advanced AI systems. According to Brockman, Musk also said he needed an $80 billion stake to help fund a self-sustaining city on Mars. Brockman described a tense 2017 meeting where Musk allegedly rejected a proposed equity structure, became angry, took a painting made for him by Ilya Sutskever, and left while threatening to pause funding. Musk’s lawsuit claims OpenAI and Sam Altman misled him into donating $38 million to a nonprofit that later abandoned its charitable mission in favor of profit. Musk is seeking $150 billion in damages for the nonprofit and wants Altman and Brockman removed from leadership. OpenAI argues that Musk is upset because he left before the company became highly successful and is now trying to gain control while also advancing his own AI company, xAI. Brockman also faced questions about his own financial interests, including testimony that his OpenAI stake is worth nearly $30 billion and evidence of an old diary entry about reaching $1 billion. OpenAI later created a for-profit unit controlled by the nonprofit, which helped it raise massive sums for computing power, hiring, and expansion. Musk wanted $80 billion to colonize Mars, OpenAI president testifies at trial | Reuters Publishers Elsevier, Cengage, Hachette, Macmillan, and McGraw Hill, along with author Scott Turow, sued Meta in federal court in Manhattan over its AI training practices. The lawsuit claims Meta used millions of copyrighted books and journal articles without permission to train its Llama large language models. The works allegedly included textbooks, scientific publications, and novels, such as books by N.K. Jemisin and Peter Brown. The publishers are seeking class-action status so they can represent a broader group of copyright owners. They are also asking for monetary damages. Meta responded that AI training can qualify as fair use and said it plans to fight the case. The publishers argue that using allegedly pirated copies of creative and scholarly works is not the same as lawful innovation. The case joins a growing wave of lawsuits by authors, news organizations, artists, and other creators against AI companies, including Meta, OpenAI, and Anthropic. These lawsuits largely turn on whether using copyrighted works to train AI models is legally protected because the resulting systems create something new and transformative. Courts have not yet settled the issue, and early rulings have pointed in different directions. Anthropic previously resolved one major author lawsuit for $1.5 billion, showing how financially significant these disputes can become. Major publishers sue Meta for copyright infringement over AI training | Reuters The U.S. Supreme Court allowed its recent Louisiana voting-rights ruling to take effect earlier than usual, clearing the way for political and legal consequences before the November midterm elections. The Court’s April 29 decision had struck down a Louisiana congressional map that created a second Black-majority district. That ruling weakened a major part of the Voting Rights Act by limiting challenges to maps that allegedly dilute minority voting power. Normally, the Supreme Court waits 32 days before issuing its formal judgment, giving the losing side time to seek rehearing. Here, the Court agreed to speed up the process after a request from the voters who had won the case. The move helps Louisiana Republicans pursue a new congressional map and may weaken lawsuits challenging Governor Jeff Landry’s decision to delay the state’s May 16 congressional primaries. Some challengers had argued that Landry acted too soon because the Supreme Court’s ruling had not formally taken effect yet. Justice Ketanji Brown Jackson dissented, saying the Court’s accelerated action had created disorder in Louisiana. The case is part of a broader national fight over redistricting, especially as both parties seek advantages in House races. The dispute began after Louisiana drew a second majority-Black district in 2024 to address a prior court ruling that the old map harmed Black voters under the Voting Rights Act. The Supreme Court later held that the replacement map relied too heavily on race, violating equal protection principles. US Supreme Court lets Voting Rights Act ruling take effect ahead of schedule | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

    6 min
  4. 5D AGO

    Legal News for Tues 5/5 - Abortion Pill By Mail Access, Meta Youth Harm Trial Ctd., Kalshi Sport Betting Fight in MA and Crypto Tax Privacy

    This Day in Legal History: Prayer in … Local Government Meetings? On this day in legal history, May 5, 2014, the Supreme Court decided Town of Greece v. Galloway, a major Establishment Clause case about prayer at local government meetings. The town of Greece, New York, opened its monthly board meetings with prayers delivered by invited clergy. For years, nearly all of those clergy were Christian, and many of the prayers used explicitly Christian language. Two residents sued, arguing that the practice aligned the town government with Christianity and made non-Christian attendees feel like outsiders in their own local government. In a 5–4 decision, the Supreme Court upheld the town’s practice. Justice Anthony Kennedy wrote for the Court, emphasizing the long historical tradition of legislative prayer in the United States, including Congress’s own use of chaplains dating back to the Founding era. The majority reasoned that the Establishment Clause does not require legislative prayers to be stripped of sectarian references. Instead, the key question was whether the practice coerced participation, denigrated other faiths, or proselytized in a way that crossed a constitutional line. The dissent, led by Justice Elena Kagan, saw the case differently. She argued that town board meetings are not like sessions of Congress: ordinary citizens attend them to seek zoning changes, permits, and other direct government action. In that setting, she warned, repeated explicitly Christian prayers could pressure residents to participate or mark them as outsiders before officials who held power over their daily lives. The case matters because it illustrates how much Establishment Clause doctrine turns on competing ideas of history, coercion, equality, and civic belonging. Town of Greece did not end the debate over prayer in public life; it sharpened the question of when tradition becomes exclusion. The Supreme Court temporarily restored a federal rule allowing mifepristone, the abortion pill, to be prescribed through telemedicine and delivered by mail. Justice Samuel Alito issued an administrative stay that pauses a 5th Circuit order reinstating an older requirement that patients receive the drug only after an in-person clinician visit. The stay is temporary and mainly gives the justices time to consider emergency requests from mifepristone manufacturers Danco Laboratories and GenBioPro. Louisiana, which brought the challenge, must respond by Thursday, and the stay is set to expire May 11 unless the Court extends it or acts more formally. The case is another front in the post-Dobbs fight over abortion access. The Supreme Court rejected an earlier challenge to mifepristone restrictions in 2024 on standing grounds, but Louisiana’s new case argues that the Biden-era FDA rule expanding mail and telehealth access unlawfully interferes with the state’s near-total abortion ban. Abortion-rights groups frame the challenge as political and contrary to medical evidence, while anti-abortion advocates argue that relaxed access rules remove important safety safeguards. US Supreme Court lets abortion pill mail delivery restart for now | Reuters New Mexico is asking a state judge to declare Meta’s Facebook, Instagram, and WhatsApp platforms a public nuisance and order $3.7 billion in abatement funding, along with major design changes aimed at protecting minors. The case follows a March jury verdict finding that Meta misrepresented the safety of its platforms for young users and awarding $375 million in damages, a verdict Meta says it will appeal. This phase of the case is being tried to Judge Bryan Biedscheid, who must decide whether Meta’s platforms amount to a public nuisance under New Mexico law. If he agrees, he could order broad remedies, including age verification, changes to recommendation algorithms for minors, and limits on features such as autoplay and infinite scroll. Meta argues that New Mexico is trying to stretch public nuisance law beyond its traditional bounds. Its lawyer said the state is not alleging interference with a public right like clean air or open roads, but instead seeking sweeping regulation based on individual harms—something Meta says should be handled by legislators, not a single judge. The judge himself signaled concern that some requested remedies might be overreach, noting that he is not a regulator or legislature. New Mexico counters that Meta knowingly designed addictive platforms and failed to protect children from mental health harms and sexual exploitation. The case is significant because it could test whether public nuisance law can be used not just to seek damages from social media companies, but to force platform-level design changes. New Mexico seeks $3.7 billion, changes to Meta platforms in youth harm trial | Reuters Massachusetts’ highest court sounded skeptical of Kalshi’s argument that only federal commodities regulators can oversee its sports-event contracts. Kalshi says it is a federally regulated prediction market, registered with the CFTC, and that its contracts are swaps governed exclusively by federal law under Dodd-Frank. Massachusetts argues that, whatever Kalshi calls the product, users are effectively betting on sports without a state gaming license. Several justices pressed Kalshi on how its contracts differ from ordinary sports bets, with one justice noting that if someone wants to gamble on a game, Kalshi offers a way to do it. The case is part of a broader national fight over prediction markets, sports betting, and federal preemption. Kalshi recently won a favorable ruling from the 3rd Circuit in a dispute with New Jersey regulators, and the CFTC has supported Kalshi’s position in Massachusetts. But the Massachusetts justices appeared concerned that accepting Kalshi’s theory would sharply limit states’ traditional authority over gambling unless Congress clearly said it intended that result. If the state wins, Massachusetts could become the second state after Nevada to have a court-ordered ban on Kalshi sports-event contracts. The larger issue is whether prediction markets can avoid state gambling law by framing sports wagers as federally regulated financial contracts. Massachusetts top court appears open to state ban on Kalshi sports betting | Reuters My column for Bloomberg this week argues that if the United States wants to become the world’s crypto capital, France’s experience with crypto kidnappings and alleged tax-data leaks should be treated as a warning. I’m not arguing against crypto tax reporting; in fact, better reporting can make tax compliance more realistic for taxpayers and enforcement more administrable for the IRS. But I argue that crypto reporting creates a different kind of privacy risk because identity-linked ownership data can become a physical safety risk, not just a financial-fraud risk. The core point is that crypto is unusually portable, irreversible, and vulnerable to coercion. If criminals learn that someone owns valuable crypto, the path from threat to transfer can be frighteningly short. That makes tax and compliance databases more dangerous than ordinary financial records if access is poorly controlled or if insiders, contractors, vendors, or hackers can expose taxpayer information. So in the piece I argue Congress should not build crypto reporting rules first and think about privacy later. If lawmakers want more reporting from exchanges, platforms, vendors, and taxpayers, they also need a crypto-specific privacy architecture: data minimization, role-based access controls, automated access logs, audits, breach notifications, and real penalties for misuse. My takeaway is that pro-crypto policy cannot just mean lower taxes, lighter regulation, and friendlier rhetoric. If the government wants crypto brought into the mainstream financial system, it also has to build rules that protect taxpayers from having compliance data turned into a criminal target list. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

    7 min
  5. 6D AGO

    Legal News for Mon 5/4 - NM Takes Meta to Task, Pentagon AI Deals, Court Ruling Blocking Mifepristone

    This Day in Legal History: Freedom Riders On May 4, 1961, the first Freedom Riders left Washington, D.C., by bus for New Orleans, beginning a direct challenge to segregation in interstate travel. The riders were an interracial group organized by the Congress of Racial Equality, and they set out to test whether Southern states and private carriers would follow federal law. The Supreme Court had already made clear in cases such as Boynton v. Virginia that segregation in facilities connected to interstate bus travel was unconstitutional. But in much of the South, those rulings existed more on paper than in practice. Bus stations, waiting rooms, lunch counters, and restrooms remained divided by race, often with the cooperation or indifference of local officials. The Freedom Riders deliberately entered that space between legal doctrine and daily reality. By riding together, sitting together, and using facilities marked for white and Black passengers, they forced the country to confront the failure of enforcement. Their journey showed that a constitutional right means little when states, businesses, and police can ignore it without consequence. The riders were met with arrests, intimidation, and mob violence, making the legal stakes impossible for federal officials to avoid. Their campaign placed pressure on the Kennedy administration and the Interstate Commerce Commission to act more forcefully. Later in 1961, federal regulators issued rules requiring the desegregation of interstate bus and rail facilities and the removal of segregation signs. The Freedom Rides therefore became more than a protest against Jim Crow transportation rules. They became a test of whether federal constitutional law could overcome local resistance. May 4 stands as the date when a small group of riders exposed the difference between winning rights in court and making those rights real in public life. New Mexico Attorney General Raúl Torrez won a major jury verdict against Meta in March, with jurors ordering the company to pay $375 million over claims that it concealed the harms Instagram and Facebook pose to minors and failed to protect young users from sexual exploitation, bullying, and harmful content. The next stage of the case is a bench trial before Judge Bryan Biedscheid, where the state will seek court-ordered changes to Meta’s platforms and argue that the company’s apps amount to a public nuisance. New Mexico is asking for a wide range of remedies, including safety warnings, stronger detection of child sexual abuse material, limits on teen usage, removal of infinite scroll, hidden like counts, restrictions on AI chatbot interactions with minors, and appointment of a child safety monitor. Meta argues that these requests are sweeping, technically unrealistic, and would effectively require a different version of Instagram to operate in New Mexico. The company also says some requested remedies, such as warning labels about teen mental health harms, would violate the First Amendment by compelling speech. Legal experts say the injunction phase may be even more significant than the damages award because it could reshape how digital platforms are designed and regulated. They also note that the case raises difficult questions about whether public nuisance law is an appropriate way to address alleged harms from social media platforms. The judge declined to delay the second phase, saying the evidence from the jury trial remains fresh and will help him evaluate the requested relief. The state argues the trial should be more streamlined than the first phase and says Meta cannot claim surprise over the public nuisance theory. Meta maintains that New Mexico is wrongly focusing on one platform while ignoring the many other apps teens use, and says the proposed mandates would interfere with parental rights and free expression. What To Watch For As Meta Stares Down NM Injunction Trial - Law360 UK The Department of Defense announced new agreements with several major technology companies to bring their artificial intelligence tools into classified military network environments. The deals involve companies including Nvidia, Google, SpaceX, Reflection, Microsoft, and Amazon Web Services, and are meant to support lawful operational use of AI at high security levels. The Pentagon framed the move as part of a broader effort to make the U.S. military more AI-centered and to help service members make faster and better decisions across different areas of conflict. The announcement also emphasized that the department does not want to rely on only one AI company or model. Instead, it plans to offer access to a range of AI systems so it can preserve flexibility and avoid becoming dependent on a single vendor. Anthropic was not included in the new agreements, which is significant because the company is currently in litigation after the Pentagon labeled it a supply chain risk to national security. OpenAI had previously reached its own agreement with the Defense Department for use in classified settings and reportedly asked the department to include other AI companies as well. The Pentagon also said more than 1.3 million personnel have used its official AI platform, GenAI.mil. Amazon Web Services said it has long supported military technology needs and says it will continue helping the department modernize its systems. Pentagon Reaches AI Deals For Classified Network Use - Law360 A federal appeals court temporarily blocked a 2023 FDA rule that allowed mifepristone, a drug used in medication abortion, to be dispensed by mail rather than in person. The unanimous decision came from a three-judge panel of the Fifth Circuit, which said Louisiana was likely to succeed in its challenge to the Biden-era rule. The ruling is not final, but it immediately narrows access to mifepristone, especially for patients in states that have banned or sharply restricted abortion. Louisiana argued that the FDA failed to adequately consider safety risks when it removed the in-person dispensing requirement. The Biden administration had defended the rule by pointing to evidence that mifepristone is safe and effective, with serious adverse events occurring in fewer than 1% of patients. Abortion rights advocates warned that restoring in-person dispensing rules would create confusion and make abortion care much harder to obtain. The decision comes amid a broader set of lawsuits over mifepristone, including challenges to the drug’s original approval and later FDA rules expanding access. Drugmakers Danco Laboratories and GenBioPro have intervened to defend the FDA’s regulation because their businesses depend heavily on mifepristone sales. The case may next go to the full Fifth Circuit or the U.S. Supreme Court. The ruling also intersects with newer fights over telehealth abortion prescriptions and state shield laws protecting providers in states where abortion remains legal. US court blocks mail-order access to abortion drugs, for now | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

    6 min
  6. Legal News for Fri 5/1 - Musk OpenAI Trial Whoopsie, Purdue's McKinsey Settlement, Big Law Still a Long Shot for Most

    MAY 1

    Legal News for Fri 5/1 - Musk OpenAI Trial Whoopsie, Purdue's McKinsey Settlement, Big Law Still a Long Shot for Most

    This Day in Legal History: May Day vs. Law Day On May 1, 1958, the United States marked the first Law Day, a civic observance created after President Dwight D. Eisenhower designated the date as a national occasion to honor the rule of law. Eisenhower’s proclamation called on lawyers, journalists, broadcasters, schools, and civic groups to help the public better understand the American legal system. Congress later gave the observance formal status in 1961, making May 1 the country’s official annual Law Day. The American Bar Association traces the idea to its former president Charles S. Rhyne, who wanted a national celebration of the legal system and the constitutional principles that support it. But May 1 already carried a different legal meaning long before it became Law Day. In the 1880s, organized labor made May 1 central to the campaign for the eight-hour workday. Labor leaders had called for May 1, 1886, to be the date when eight hours would be treated as the standard legal day’s work. Workers around the country responded with strikes and rallies, turning May Day into an enduring symbol of labor rights. In Chicago, the demonstrations led into the Haymarket events, where violence, prosecutions, death sentences, and later pardons made the episode a lasting part of the legal history of labor organizing, criminal justice, and political speech. That makes May 1 one of the more complicated dates on the American legal calendar. Officially, it is Law Day, a celebration of courts, constitutional government, and respect for legal institutions. Historically, it is also May Day, a reminder that many legal protections were not simply handed down by courts or legislatures. They were demanded by workers, protesters, organizers, and communities willing to challenge existing law in the hope of changing it. A California federal trial over Elon Musk’s challenge to OpenAI’s shift toward a for-profit structure was paused Thursday after Musk’s lawyers appeared to accidentally make Musk’s $97.4 billion offer for OpenAI assets fair game at trial. The issue began when Jared Birchall, who runs Musk’s family office, testified that he helped organize investors who made the offer because they believed Sam Altman’s role on both sides of OpenAI’s restructuring created a conflict. OpenAI’s lawyers then challenged Birchall’s testimony, arguing that his views about Altman were partly based on what attorneys told him rather than his own firsthand knowledge. Judge Yvonne Gonzalez Rogers sent the jury home early and questioned Birchall herself, pressing him on how the investor group arrived at the massive offer amount. She seemed unconvinced by his answers and told Musk’s counsel that they had “opened the door” to evidence that previously had been limited by a magistrate judge. The judge then demanded to know who on Musk’s team suggested asking Birchall about the offer, and attorney Marc Toberoff ultimately said he had. Birchall also acknowledged that Toberoff created the financial analysis behind the offer and sent a letter to California regulators opposing OpenAI’s restructuring. Musk’s lawyers argued that OpenAI first brought up the offer letter during Musk’s cross-examination and that there had been confusion about whether the document was admitted by agreement. Judge Gonzalez Rogers did not immediately decide how to handle the dispute and set a Friday hearing on the issue and jury instructions. The broader trial centers on Musk’s claim that OpenAI, Altman, Brockman, and Microsoft breached OpenAI’s charitable-trust obligations by moving away from its nonprofit mission for private gain. Earlier in the day, the judge also barred Musk’s AI expert from testifying about broad catastrophic risks of artificial intelligence, saying the case is about breach of trust, not the future danger of AI. OpenAI Judge Pauses Trial To Probe Musk Attys On $97B Bid - Law360 UK Purdue Pharma received approval from a New York bankruptcy judge for a $125 million settlement with McKinsey & Co. over claims connected to McKinsey’s consulting work on Purdue’s opioid sales and marketing. U.S. Bankruptcy Judge Sean H. Lane found the deal fair and reasonable, allowing Purdue to stay on schedule to exit Chapter 11 and activate its $7.4 billion bankruptcy plan. McKinsey will pay the settlement in two parts, starting with $65 million shortly after Purdue leaves bankruptcy. About $50 million from that first payment will go to personal injury claimants, while the remaining money will benefit state and local governments and Native American tribes through a trust. The deal followed mediation involving Purdue, the unsecured creditors committee, and other parties, with the creditors committee prepared to sue McKinsey if settlement talks failed. Purdue’s bankruptcy has been heavily shaped by disputes over opioid-related liability, the Sackler family’s contributions, and the legality of releasing third-party claims. The Supreme Court’s 2024 ruling against nonconsensual third-party releases forced Purdue and its creditors to renegotiate the plan. The revised plan now includes a $6.5 billion Sackler family contribution and $900 million from Purdue. Purdue will be dissolved and replaced by Knoa Pharma, a public benefit company focused on addiction treatment and overdose reversal medications. The settlement also comes after McKinsey separately agreed to pay $650 million to resolve federal charges tied to its Purdue work. Purdue’s $125M McKinsey Deal Gets OK Ahead Of Ch. 11 Exit - Law360 A Reuters analysis found that Big Law hiring remains heavily concentrated among a small group of elite law schools, even though remote recruiting was expected to broaden access. In 2025, only 16 law schools sent at least half of their graduating class into associate jobs at firms with 251 or more lawyers. By contrast, 89 ABA-accredited schools placed 10% or fewer of their graduates in those jobs, and 11 schools placed none. Half of all law schools together produced only 10% of the 7,869 new large-firm associates, while just 21 top schools produced half of them. Nikia Gray of the National Association for Law Placement said the profession’s emphasis on pedigree continues to block opportunities for capable students outside elite schools. During the pandemic, large-firm recruiting moved online, which made it easier for firms to interview students from more schools. But that change has not significantly widened the hiring pipeline. One reason is that firms are recruiting earlier, sometimes during students’ first year before law school grades are available. With less law-school performance data to review, firms may lean more on undergraduate records, work experience, and the prestige of the law school itself. The article also notes that Columbia Law School had the highest percentage of 2025 graduates going to large firms, at 78%, and that most of the schools sending at least half their graduates into Big Law are also among the U.S. News “T-14.” The broader message is that recruiting technology changed, but the underlying hierarchy did not. Remote interviews may have made access to interviews easier, but they have not erased the structural advantage held by students at the most prestigious law schools. Pipeline to Big Law jobs stays narrow despite recruiting shifts | Reuters This is a public episode. 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    7 min
  7. APR 29

    Legal News for Weds 4/29 - Purdue Opioid Sentence, Comey Indicted over "86 47," Trump Fires Entire National Science Board

    This Day in Legal History: Rodney King On April 29, 1992, a California jury acquitted four Los Angeles police officers charged in the beating of Rodney King, a Black motorist whose assault had been captured on videotape the year before. The beating took place on March 3, 1991, after a police chase, when officers repeatedly struck King while a bystander recorded the incident from nearby. The footage became one of the most important pieces of video evidence in modern American legal history, not because it settled the matter, but because it showed how even seemingly clear evidence can be interpreted differently in a courtroom. To much of the public, the video appeared to show obvious police brutality. To the defense, it became something to be slowed down, segmented, and reframed as a series of split-second decisions by officers claiming fear and loss of control. When the jury acquitted the officers, the verdict landed in Los Angeles as a statement about far more than one criminal prosecution. For many residents, especially Black Angelenos, it confirmed the belief that the legal system was unwilling or unable to hold police accountable for violence against Black citizens. The verdict triggered several days of unrest across Los Angeles, leaving more than 60 people dead, thousands injured, and large portions of the city damaged. The case also forced the country to confront the relationship between race, policing, prosecutorial burden, and jury perception. The state-court acquittals did not end the legal story, because federal prosecutors later brought civil rights charges against the officers. In 1993, two officers, Laurence Powell and Stacey Koon, were convicted in federal court, while two others were acquitted. King also later received a civil damages award from the City of Los Angeles. April 29 remains a major date in legal history because it revealed the limits of video evidence, the difficulty of prosecuting police officers, and the deep public consequences that can follow when a courtroom verdict collides with what millions of people feel they have already seen. Purdue Pharma was sentenced in federal court in New Jersey to $5.5 billion in fines and penalties tied to its 2020 guilty plea over misconduct connected to OxyContin sales. The sentencing helps clear the path for Purdue to wind down through bankruptcy and fund a broader $7.4 billion opioid settlement. Before approving the plea deal, Judge Madeline Cox Arleo heard hours of testimony from people who described addiction, death, and family devastation connected to the opioid crisis. More than 200 victims submitted letters, and more than 40 people spoke in court. Purdue’s chairman, Steve Miller, apologized directly to victims after the judge instructed him to do so. Arleo also apologized from the bench, telling victims that the government had failed them by missing opportunities to stop Purdue’s conduct earlier. Many speakers said financial punishment was not enough and argued that Purdue’s owners, the Sackler family, or company executives should face prison time. The judge said she could not impose jail time because the Justice Department had charged the company, not the individual owners or executives. Although the formal sentence is $5.5 billion, most of that amount will not actually be paid, with the government expected to collect $225 million if Purdue uses its remaining assets to pay creditors. The settlement includes money for governments and an $865 million fund for individuals, but many victims worry they will be excluded because they cannot produce old prescription records. Purdue says it is on track to exit bankruptcy as a new nonprofit company focused on opioid addiction treatment and overdose-reversal medicines. Purdue Pharma receives $5.5 billion sentence, paving way for opioid settlement | Reuters The Justice Department has indicted former FBI Director James Comey over a 2025 Instagram post showing seashells arranged as “86 47,” which prosecutors say amounted to a threat against President Donald Trump. The case was filed in federal court in North Carolina and charges Comey with threatening the president’s life and transmitting a threat across state lines. Comey has said he did not intend violence, explaining that he deleted the post after learning some people interpreted the numbers that way. Trump and his allies had argued the message was a threat, with “47” referring to Trump as the 47th president and “86” being read by them as a call to remove him violently. Acting Attorney General Todd Blanche defended the indictment as a standard threat case, while critics and Comey’s lawyers say it looks like a politically motivated prosecution. The Secret Service had previously looked into the post and interviewed Comey, but he was not charged at that time. One should also place the indictment in the broader context of Trump’s Justice Department pursuing cases against people and groups seen as political opponents. Comey already faced a separate criminal case over alleged false testimony to Congress, but that case was dismissed after a judge found a problem with the prosecutor’s appointment, and the government is appealing. Comey’s lawyers are expected to argue that the new case is both retaliatory and protected by the First Amendment. The central legal fight will likely be whether the post was a “true threat” or protected political speech. Trump’s DOJ indicts former FBI director James Comey over ‘86 47’ post | Reuters The Trump administration has fired all current members of the National Science Board, according to two former board members who spoke to Reuters. The board, created in 1950, helps oversee the National Science Foundation and advises both the president and Congress on science and engineering policy. It had more than 20 members, who were appointed to six-year terms, and most of them came from academia, with others from national labs, nonprofits, and private industry. Former board members Yolanda Gil and Keivan Stassun said they were told by email that their removals were effective immediately. According to Gil, all 22 current members were terminated and no explanation was given. Stassun said the move was disappointing but not surprising in light of other Trump administration actions affecting scientific research and independent federal bodies. The National Science Foundation referred questions to the White House. A White House official said the NSF’s work would continue without interruption and suggested that the board’s congressionally created powers may need to be updated. The firings fit into a broader pattern described by political experts as an effort by the administration to reshape independent institutions by replacing existing officials with more loyal leadership. Trump administration fires entire National Science Board | Reuters This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.minimumcomp.com/subscribe

    7 min
4.8
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About

Minimum Competence is your daily companion for legal news, designed to bring you up to speed on the day’s major legal stories during your commute home. Each episode is short, clear, and informative—just enough to make you minimally competent on the key developments in law, policy, and regulation. Whether you’re a lawyer, law student, journalist, or just legal-curious, you’ll get a smart summary without the fluff. A full transcript of each episode is available via the companion newsletter at www.minimumcomp.com. www.minimumcomp.com

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