Legal News for Fri 1/3 - Biden Tries to Make Offshore Drilling Bans Permanent, Tesla Shareholders Appeal Musk Pay Deal, '25 SCOTUS Labor Cases and Thomas Ethics Inquiry DOA

Minimum Competence

This Day in Legal History: Cicero is Born

On January 3, 106 BC, Marcus Tullius Cicero, one of ancient Rome's most influential lawyers, orators, and statesmen, was born in Arpinum, a small town southeast of Rome. Cicero's life and work laid the foundations for modern legal and political thought, intertwining law, philosophy, and rhetoric. As a novus homo (the first in his family to achieve senatorial rank), Cicero rose through the Roman cursus honorum, eventually serving as consul in 63 BC. His tenure is most remembered for his decisive action in quelling the Catiline Conspiracy, a plot to overthrow the Republic.

Cicero’s legal career was marked by his exceptional eloquence and emphasis on justice. His speeches, such as those in defense of Sextus Roscius and against Verres, revealed his dedication to exposing corruption and advocating for fairness. Beyond his courtroom success, Cicero’s philosophical treatises, including De Legibus (On the Laws), explored the nature of justice and the rule of law. His writings profoundly influenced thinkers of the Enlightenment and modern legal systems.

In one of his letters, Cicero wrote to his friend – one of his most famous quotes:“What is morally wrong can never be advantageous, even if it enables you to rule the world.”

This succinct insight captures his belief in the universality of law as a moral and societal cornerstone.

Cicero’s life was not without turmoil. His opposition to Julius Caesar's dictatorship and later to Mark Antony cost him dearly. He was executed in 43 BC during the proscriptions. Cicero endures not only as a towering figure in law and politics but also as one of those ancient philosophers whose works people skim through, extract a handful of pithy quotes, and then relentlessly share at dinner parties or on social media. His knack for universal truths ensures his words still resonate, even as they occasionally overstay their welcome in the mouths of exhausting folks.

President Biden plans to issue an executive order permanently banning new offshore oil and gas development in specific U.S. coastal waters. This move, based on the 1953 Outer Continental Shelf Lands Act, is intended to be difficult for future administrations to reverse and comes as Biden seeks to solidify his environmental legacy in the final weeks of his presidency. The protections aim to safeguard marine ecosystems, protect vulnerable coastal communities, and combat climate change, aligning with calls from environmental groups and congressional Democrats.

While Biden’s actions will not affect existing leases, the scope of the new protections is expected to include key areas like parts of the Pacific near California and the eastern Gulf of Mexico near Florida. Conservationists have praised the move as a necessary step to protect U.S. waters, while oil industry advocates argue it jeopardizes energy independence. Former President Donald Trump is likely to attempt reversing the order, though previous court rulings suggest such efforts may face significant legal hurdles. Offshore drilling remains a contentious issue, with opposition particularly strong in coastal regions reliant on tourism.

Biden to Ban More Offshore Oil Drilling Before Trump Arrives (1)

A group of Tesla shareholders is appealing a Delaware Chancery Court decision that voided Elon Musk's $56 billion pay package, which would have been the largest CEO compensation in U.S. history. Filed on December 31, the appeal also challenges Chancellor Kathaleen St. J. McCormick’s $345 million award in attorneys' fees.

McCormick had ruled that Tesla’s board and Musk breached fiduciary duties to investors when approving the massive compensation plan. Despite shareholder approval votes in 2018 and 2024, the court found the deal unfairly tilted in Musk’s favor. The plaintiffs, including ARK Investment Management LLC and individual investors, argue the appeal is necessary to restore shareholder voting rights and accountability.

Attorneys for the shareholders assert that over 70% of investors supported the pay package in two separate votes, emphasizing the high level of approval. Legal representation for Musk, the board, and opposing shareholders have yet to respond to requests for comment. The appeal seeks to overturn a ruling that has intensified debates about executive compensation and corporate governance.

Elon Musk Pay Deal Decision Appealed to Delaware High Court (1)

The U.S. Supreme Court's 2025 docket includes pivotal labor and employment cases addressing workplace discrimination, wage law exemptions, and employee benefits. Among the key issues is whether workers from "majority backgrounds," like white or heterosexual individuals, face higher hurdles in proving discrimination claims under Title VII. The Court's decision could reshape lawsuits challenging diversity policies.

Another case will decide if retirees can sue former employers for disability bias, as exemplified by a Florida firefighter denied benefits. This issue has divided lower courts on whether retirees meet the Americans with Disabilities Act's requirements. Wage law exemptions are also under review, with the Court considering the evidentiary standard employers must meet to prove workers are exempt from overtime protections.

Additionally, justices will address the standards for lawsuits under the Employee Retirement Income Security Act (ERISA), involving allegations of excessive fees in retirement plans. These cases could have broad implications for labor law, corporate practices, and workplace equity, shaping the rights of employees and obligations of employers across the nation.

Reverse bias, wage law exemptions top US Supreme Court's 2025 labor docket | Reuters

The U.S. Judicial Conference declined to refer Supreme Court Justice Clarence Thomas to the Department of Justice over allegations of ethics violations related to unreported gifts and luxury travel from a wealthy benefactor. The Conference cited amendments Thomas made to his financial disclosure reports, addressing issues raised by Democratic lawmakers. Justice Ketanji Brown Jackson faced similar scrutiny over omissions in her reports but had also filed corrections, leading to the rejection of a referral request against her.

Democratic lawmakers argued that Thomas's failure to disclose violated the Ethics in Government Act of 1978, but Thomas stated he was advised such disclosures were unnecessary for "personal hospitality." He committed to following updated guidelines in future filings. The Judicial Conference pointed to its recent efforts to clarify financial disclosure rules and noted Thomas’s compliance with the new standards.

The body also raised constitutional concerns about its authority to refer the matter to the DOJ, further noting the issue was moot since lawmakers had already requested an investigation directly from Attorney General Merrick Garland. Critics accused the judiciary of failing to hold Thomas accountable, while the judiciary emphasized the ongoing improvements to ethical oversight.

US Supreme Court's Thomas will not be referred to Justice Department | Reuters

This week’s closing theme is by Johann Strauss Jr.

This week’s closing theme celebrates Johann Strauss Jr., affectionately known as the "Waltz King," whose music epitomizes the charm and elegance of 19th-century Vienna. Born in 1825 into a musical dynasty, Strauss Jr. surpassed his father’s legacy, becoming one of the most celebrated composers of light music. His works captured the spirit of Viennese high society, turning the waltz from a simple dance into an art form beloved across Europe.

Strauss's compositions, such as The Blue Danube and Tales from the Vienna Woods, are synonymous with refinement and festivity, making him a perennial favorite for New Year’s concerts worldwide. His waltzes are not merely music for dancing; they evoke vivid imagery, from shimmering ballrooms to idyllic countryside scenes. Known for his melodic genius and rhythmic vitality, Strauss’s music remains a joyful celebration of life and beauty.

This week, we highlight a medley of Strauss Jr.’s waltzes, a perfect encapsulation of his artistry and his gift for weaving together effervescent themes. It’s a chance to immerse yourself in the glittering world of 19th-century Vienna and to reflect on the enduring magic of his music. Whether as a tribute to the New Year or simply an appreciation of Strauss’s timeless melodies, this medley invites us to waltz into the weekend with grace and exuberance.

Without further ado, a waltz medley by the Waltz King – Johann Strauss Jr.

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