Bankruptcy Filings Rise 10%, and Courts Feel the Pinch
Legal Topics | 2023/08/02 17:30
Personal and business bankruptcy filings rose 10 percent in the twelve-month period ending June 30, 2023, compared with the previous year.  Bankruptcy totals are reported four times annually by the U.S. government.

According to statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 418,724 in the year ending June 2023, compared with 380,634 cases in the previous year.

Business filings rose 23.3 percent, from 12,748 to 15,724 in the year ending June 30, 2023. Non-business bankruptcy filings rose 9.5 percent to 403,000, compared with 367,886 in the previous year.

On a broader scale, according to the newest statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 418,724 in the year ending June 2023, compared with 380,634 cases in the previous year.

Bankruptcy totals for the previous 12 months are reported four times annually. Filings over any 12-month period have increased only rarely since filings peaked in 2010. Bankruptcies fell sharply after the pandemic began in early 2020, despite some early COVID-related disruptions to the economy.


Trump’s Lawyers Meet With Prosecutors as Election Interference Charges Loom
Legal Topics | 2023/07/30 03:35
Lawyers for Donald Trump were meeting Thursday with members of special counsel Jack Smith’s team as a potential indictment loomed over the former president’s efforts to overturn the results of the 2020 election, according to a person familiar with the matter.

The meeting included Trump lawyer John Lauro, said the person, who spoke on the condition of anonymity to The Associated Press to describe a private gathering. Trump earlier this month was informed by Smith’s office that he was a target of the Justice Department’s investigation, suggesting that an indictment could be soon.

The investigation has focused on the turbulent two month-period after the November 2020 election in which Trump refused to accept his loss to Joe Biden and spread lies that victory was stolen from him. The turmoil resulted in the Jan. 6, 2021, riot at the U.S. Capitol, when Trump loyalists violently broke into the building, attacked police officers and disrupted the congressional counting of electoral votes. More than 1,000 people have been charged with federal crimes related to the Capitol riot.

In between the election and the riot, Trump urged local election officials to undo voting results in their states, pressured Vice President Mike Pence to halt the certification of electoral votes and falsely claimed that the election had been stolen — despite the fact that numerous federal and local officials, a long list of courts, top former campaign staffers and even his own attorney general have all said there is no evidence of the fraud he alleges.

A spokesman for Smith declined to comment on Thursday’s meeting.

Trump was charged by Smith’s team last month with illegally hoarding classified documents at his Palm Beach, Florida, estate, Mar-a-Lago, and concealing them from investigators. He was also indicted in New York in March on charges of falsifying business records in connection with an alleged hush money payment to a porn actor. And prosecutors in Fulton County, Georgia, are preparing to announce charging decisions in the coming weeks related to efforts to subvert the election in that state.





White House is taking on corporate mergers, landlord junk fees
Legal Topics | 2023/07/20 15:28
The Biden administration on Wednesday proposed new guidelines for corporate mergers, took steps to disclose the junk fees charged by landlords and launched a crackdown on price-gouging in the food industry.

The announcements will be discussed as part of President Joe Biden’s scheduled meeting with the White House Competition Council, a group of officials established under a 2021 executive order.

The council has focused on creating more transparency for consumers and finding approaches to limit the concentration of industries in ways that the Biden administration says lead to higher prices and hurt the ability of start-ups and small businesses to grow. Republican lawmakers and some business group critics counter that the Democratic president’s effort will lead to greater regulatory costs that leave the economy worse off.

The Department of Justice and the Federal Trade Commission are proposing revised guidelines for how they evaluate mergers. Their goal is to provide more clarity on the impact mergers can have on workers and to update the guidance for a digital economy that is shaped by companies such as Apple, Amazon, Alphabet and Meta.

The government first issued its guidance on mergers in 1968. Officials stressed that the new guidance conforms to the laws set by Congress and the precedents of court rulings.

Republican lawmakers have accused FTC Chair Lina Khan of “harassing” Twitter since it was acquired by billionaire Elon Musk. They say her push to break up the concentration of corporate power amounts to government interference in business practices.


Louisiana Senate passes bill banning gender-affirming care
Legal Topics | 2023/07/17 12:20
A controversial bill — that at one point had been presumed dead — banning gender-affirming medical care for transgender youths in Louisiana was passed by the Senate on Monday and is likely to reach the governor’s desk in the coming days.

The bill, which passed in the Senate mainly along party lines, 29-10, would prohibit hormone treatments, gender-affirming surgery and puberty-blocking drugs for transgender minors in Louisiana. The measure will go back to the House, which has already overwhelmingly passed the legislation, to approve of minor amendments, including pushing back the effective date of the law to Jan. 1, 2024.

If the House concurs, the legislation would be sent to the desk of Gov. John Bel Edwards, a Democrat who opposes it. Edwards has not said whether he would veto the bill. If he does, lawmakers could convene a veto session to try to override his decision. Last session, Edwards chose not to block a law banning transgender athletes from participating in women and girls sports competitions in Louisiana, although he successfully vetoed a similar measure the year before.

The proposed gender-affirming care ban gained national attention last month when a Senate committee voted to kill the bill. Longtime Republican state Sen. Fred Mills was the tiebreaker vote, opposing the legislation citing that he “relied on science and data and not political or societal pressures.”

In a year when restrictions and prohibitions on gender-affirming care for transgender youths has been a priority on conservative agendas — with at least 18 states enacting laws limiting or banning the medical care, including all three of Louisiana’s bordering states — the rejection of the controversial legislation did not go unnoticed.




Amazon pushes back against Europe’s pioneering new digital rules
Legal Topics | 2023/07/13 17:24
Amazon is disputing its status as a big online platform that needs to face stricter scrutiny under European Union digital rules taking effect next month, the first Silicon Valley tech giant to push back on the pioneering new standards.

The online retailer filed a legal challenge with a top European Union court, arguing it’s being treated unfairly by being designated a “very large online platform” under the 27-nation bloc’s sweeping Digital Services Act.

Amazon, whose filing to the European General Court was made available Tuesday, is the second company to protest the classification. German online retailer Zalando filed a legal claim two weeks ago with a similar argument.

The Digital Services Act imposes new obligations on the biggest tech companies to keep users safe from illegal content and dodgy products, with violations punishable by potentially billions in fines or even a ban on operating in the EU.

The rules, which will take effect on Aug. 25, are expected to help Europe maintain its place as standard setter in global efforts to rein in the power of social media companies and other digital platforms.

Seattle-based Amazon is one of 19 companies classed as the largest online platforms and search engines under the DSA, which means they will have to better police their services to protect European users from hate speech, disinformation and other harmful online content.

The European Commission, the EU’s executive arm, declined to comment directly on the case, saying it would defend its position in court.



Judge limits Biden administration in working with social media companies
Legal Topics | 2023/07/05 16:19
A judge on Tuesday prohibited several federal agencies and officials of the Biden administration from working with social media companies about “protected speech,” a decision called “a blow to censorship” by one of the Republican officials whose lawsuit prompted the ruling.

U.S. District Judge Terry Doughty of Louisiana granted the injunction in response to a 2022 lawsuit brought by attorneys general in Louisiana and Missouri. Their lawsuit alleged that the federal government overstepped in its efforts to convince social media companies to address postings that could result in vaccine hesitancy during the COVID-19 pandemic or affect elections.

Doughty cited “substantial evidence” of a far-reaching censorship campaign. He wrote that the “evidence produced thus far depicts an almost dystopian scenario. During the COVID-19 pandemic, a period perhaps best characterized by widespread doubt and uncertainty, the United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.’ ”

Republican U.S. Sen. Eric Schmitt, who was the Missouri attorney general when the lawsuit was filed, said on Twitter that the ruling was “a huge win for the First Amendment and a blow to censorship.”

Louisiana Attorney General Jeff Landry said the injunction prevents the administration “from censoring the core political speech of ordinary Americans” on social media.


Judge allows North Carolina’s revised 12-week abortion law to take effect
Legal Topics | 2023/07/02 09:01
A federal judge ruled on Friday that nearly all of North Carolina’s revised 12-week abortion law scheduled to begin this weekend can take effect, while temporarily blocking one rule that doctors feared could expose them to criminal penalties.

The decision by U.S. District Judge Catherine Eagles sets aside that rule but allows the law’s remaining provisions to begin on Saturday while litigation continues.

Abortion providers had last week requested a blanket order halting all of the July 1 restrictions pending their court challenge. Planned Parenthood South Atlantic and a physician said several sections in the newly revised law were so vague and seemingly contradictory that doctors could unintentionally break the law, leaving them unable to care for women seeking legal abortions.

But the Republican-controlled General Assembly passed legislation this week revising or repealing nearly all of the challenged provisions, making arguments against most of them moot. Among other things, the lawmakers clarified that medication abortions will be legal in nearly all cases through 12 weeks, and that a lawful abortion remains an exception to North Carolina’s fetal homicide statute.

Eagles, who was nominated by former President Barack Obama, had said in court that it would be overly broad to block enforcement of the entire law. Instead, she directed that for at least the next two weeks, the state cannot enforce a rule saying doctors must document the existence of a pregnancy within the uterus before conducting a medication abortion.

The abortion providers’ lawyers argued that the language raised questions about whether abortion pills can be dispensed when it’s too early in a pregnancy to locate an embryo using an ultrasound — subjecting a provider to potentially violating the law.


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