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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

 

By Caitlin Tremblay

Good morning! Today we have a story about how Perkins Coie used President Trump’s own words to win its legal battle over his executive order targeting the firm. Plus, SCOTUS let Trump’s transgender military ban take effect, Chief Justice John Roberts is speaking in Buffalo, consumers claim that Diageo’s “100% tequila” might only be a splash of the truth, and much more. Let’s dive in.

 

How Trump's own words helped him lose a fight with law firm Perkins Coie

 

REUTERS/Andrew Kelly

Along with its constitutional arguments, Perkins Coie wielded another powerful weapon in its legal battle with President Donald Trump: his own commentary spanning eight years.

U.S. District Judge Beryl Howell on Friday struck down Trump's executive order targeting the firm. The judge decided that Trump's directive retaliated against Perkins Coie for its viewpoints and its past cases, violating First Amendment protections against the government abridging freedom of speech. The 102-page decision (which you can read here), returned again and again to statements that Trump made outside the actual executive order, from social media posts and comments in the Oval Office, to off-the-cuff references to other law firms that made deals with him to avoid being targeted.

Legal experts said Trump’s stream of internet posts and unscripted comments have hampered his defense even as three other firms seek to overturn similar presidential orders. Mike Scarcella has more.

 

Coming up today

  • U.S. Chief Justice John Roberts will participate in a fireside chat at the 125th anniversary celebration of the U.S. District Court for the Western District of New York in Buffalo. The conversation will be facilitated by U.S. District Judge Lawrence Vilardo.
  • U.S. District Judge James Boasberg in New York will hold a hearing to consider a request by lawyers for Venezuelan migrants' for their return from El Salvador so that they can contest their deportations under the Alien Enemies Act.
  • U.S. District Judge Melissa DuBose in Rhode Island will consider whether to block the Trump administration from using the Alien Enemies Act to deport a Venezuelan barber who immigration authorities arrested in March based on allegations he belonged to the gang Tren de Aragua, which he denies.
  • In-person questioning of prospective jurors continues in hip-hop mogul Sean "Diddy" Combs trial in Manhattan federal court on sex trafficking and racketeering charges.
  • FBI Director Kash Patel is set to testify before a House subcommittee where he and other cabinet members are expected to face questions about the Trump administration’s budget cuts.
  • A Connecticut federal judge will weigh final approval of more than $60 million in antitrust settlements with aerospace giant RTX’s Pratt & Whitney unit and other companies. Law firms Quinn Emanuel and DiCello Levitt have asked for $20.2 million in legal fees, calling the request reasonable given the complexity of the case and the risks they took in pursuing it.
  • Rite Aid will begin its second bankruptcy in two years with a court hearing in the U.S. Bankruptcy Court for the District of New Jersey.
  • A Kenyan court will sentence four suspects who pleaded guilty to the illegal trafficking of thousands of ants. Authorities say the unusual case signals a growing crackdown on unconventional wildlife crimes in Kenya. 

Court calendars are subject to last-minute docket changes.

 

More top news

  • Trump ramps up judicial nominations with four picks in Missouri
  • U.S. Supreme Court lets Trump's transgender military ban take effect
  • U.S. appeals court seems skeptical of states' challenge to Trump's mass firings
  • Trump pick for Washington, DC, prosecutor won't get Senate vote before deadline, source says
  • Meta suit against Israel's NSO offered rare insight into world of cyberespionage
 

Industry insight

  • Former U.S. Homeland Security Secretary Jeh Johnson is retiring from Paul Weiss for a leadership post at Columbia University.
  • Five major U.S. law firms said they did not compromise their principles when they pledged free legal work to causes supported by the White House, according to letters sent to two Democratic lawmakers. A&O Shearman, Cadwalader, Latham and Simpson Thacher said they retained the independence to choose their clients. Kirkland & Ellis, meanwhile, said it would continue to offer pro bono and other legal services on a non-partisan basis to a wide range of underserved populations. Read more about the letters.
  • Moves: Akin hired former senior career export control officials from the U.S. Department of Commerce … Baker McKenzie named new chairs to its North American Fintech and Payments and Fintech M&A practices … Reed Smith added three labor and employment partners … DLA Piper has two new national security and global trade partners … And Haynes Boone promoted 10 lawyers to counsel. 
 

35%

That’s how much larger customers allege Burger King’s Whopper appears in ads compared with the actual burger served. Nineteen customers from 13 states, in a proposed class action, cited Burger King’s alleged portrayal of burgers that "overflow" the buns. In a decision on Monday, U.S. District Judge Roy Altman in Miami found it plausible that some reasonable consumers could be misled by the ads. Read more.

 

"These changes create extreme hardship for law schools seeking to comply with the law and with the accreditation standards."

—Jenn Rosato Perea, the ABA’s managing director of accreditation and legal education, commenting on the ABA’s consideration of a proposal to extend the suspension of its law school DEI rule through August 2026 as the organization faces mounting pressure from the Trump administration. Read more.