Legal News for Mon 9/17 - Meagan Garland vs. Duane Morris, TikTok vs. the US Ban, Rupert Murdoch vs. His Kids and the Biden Admin's Alaska Wetlands Jurisdiction

Minimum Competence

This Day in Legal History: Amnesty for Vietnam War Evaders

On September 16, 1974, President Gerald Ford announced a conditional amnesty program for Vietnam War draft evaders and deserters. This program offered clemency to those who had resisted the draft or abandoned their military posts, provided they completed two years of public service. Ford aimed to foster national reconciliation following the divisive Vietnam War, allowing many to return to the U.S. without facing legal consequences. The program was administered by the Presidential Clemency Board, chaired by Charles E. Goodell, a Washington lawyer.

Over its tenure, the board reviewed more than 14,000 cases, granting amnesty in many instances. However, the program drew criticism for being too limited in scope. Only about 19 percent of those eligible applied, with many feeling that the required public service was an unfair penalty. The conditional amnesty remains a significant moment in the legal and political aftermath of the Vietnam War, as it represented a complex attempt to balance accountability with forgiveness.

A legal dispute between attorney Meagan Garland and her law firm, Duane Morris, has intensified over the firm's classification of certain lawyers as "non-equity partners." Garland, a Black woman, is suing the firm, alleging that it misclassified her and others to reduce tax liabilities and business costs. She also claims Duane Morris pays women and minorities less than white male colleagues. The firm has responded by seeking to move the case from Oakland to San Diego, where Garland works, and plans to call anonymous partners to testify about her alleged poor job performance and extended medical leave.

Garland’s team has accused the firm of conducting a "smear campaign" and violating her privacy rights by referencing her medical history in court. The case is notable for challenging the increasingly common non-equity partner designation in major law firms, with Garland seeking class-action status on behalf of similarly classified partners. Duane Morris, represented by Proskauer Rose, denies the allegations and has committed to defending itself vigorously.

Duane Morris, Partner Clash Escalates in Non-Equity Status Suit

TikTok is fighting a potential U.S. ban in the U.S. Court of Appeals for the DC Circuit, with arguments centered around a law signed by President Biden that would force its Chinese parent company, ByteDance, to sell the app. TikTok, ByteDance, and a group of users argue the law violates the First Amendment by infringing on free speech for the platform’s 170 million U.S. users. The U.S. government views TikTok as a national security threat due to its ties to China, though evidence supporting this remains debated. Competitors like Google and Meta could benefit if TikTok loses, and Oracle, which hosts TikTok's services, could be hurt. The court is expected to rule by December 6, with the ban set to take effect on January 19, unless TikTok prevails or the case advances to the Supreme Court. Multiple challenges to the ban will be heard, and the case may hinge on whether the government can use classified information in its arguments.

TikTok Battles US Ban at Appeals Court to Determine App’s Fate

TikTok, Justice Department face off in court over potential US ban | Reuters

Rupert Murdoch’s succession plans for his media empire are being contested in a closed court in Reno, Nevada. The 93-year-old mogul is attempting to modify the family trust, which controls significant stakes in Fox News and News Corp, to ensure that his eldest son, Lachlan Murdoch, maintains control after his death. The trust currently allocates voting shares to Murdoch's four oldest children—Prudence, Elisabeth, Lachlan, and James—raising the potential for a power struggle, as three siblings could outvote Lachlan. A sealed court document suggests Murdoch’s proposed changes would prevent Lachlan's more moderate siblings from interfering. The court proceedings, closed to the public despite media appeals, focus on whether Murdoch is acting in good faith. Lachlan, seen as aligned with his father’s conservative views, runs Fox, while James, who left News Corp’s board in 2020 over editorial disagreements, supports progressive causes. The outcome of this legal battle could shape the future of Murdoch’s influential media assets.

Murdoch succession drama plays out in closed court | Reuters

The Biden administration's assertion that it has jurisdiction over most wetlands on Alaska’s North Slope under the Clean Water Act is sparking legal tensions. This claim comes despite a 2023 Supreme Court ruling in Sackett v. EPA, which narrowed federal protections to wetlands that are “relatively permanent” and have a continuous surface connection to larger waterways. The Army Corps of Engineers argues that Alaska’s unique permafrost conditions create enough physical connections to justify federal oversight, covering nearly all of the region’s wetlands. Environmental attorneys, however, claim the Corps is overreaching and reviving the rejected "significant nexus" test, which expanded the scope of federal power over isolated wetlands. Critics argue this broad interpretation exceeds the limits set by the Supreme Court. Meanwhile, Alaska officials are pushing back, wanting more control over local development permits. The legal debate, focusing on the extent of federal jurisdiction, is expected to escalate, with lawsuits likely to follow.

Biden Administration ‘Walking Thin Line’ in Alaska Waters Claim

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