Legal News for Fri 9/13 - Hogan Lovells Closes Offices, Norfolk Southern Legal Shakeup, Impeachment of Judge Joshua Kindred and TikTok's Upcoming Court Hearing

Minimum Competence

This Day in Legal History: Khrushchev at the Helm

On September 13, 1953, Nikita Khrushchev was appointed General Secretary of the Communist Party of the Soviet Union, marking a pivotal shift in Soviet leadership following the death of Joseph Stalin. Khrushchev's rise to power signaled a departure from the oppressive and brutal regime of Stalin, as he eventually denounced many of Stalin's crimes during his famous "Secret Speech" in 1956. This denouncement was part of Khrushchev’s broader policy of de-Stalinization, which aimed to reduce the terror associated with Stalin’s rule and promote a more moderate, reform-oriented government.

Khrushchev’s leadership saw significant changes both domestically and internationally. He pushed for economic reforms, introduced policies that relaxed censorship, and reduced the use of forced labor. On the global stage, Khrushchev’s foreign policy was marked by intense Cold War tensions, including the Cuban Missile Crisis of 1962, which brought the world to the brink of nuclear war. His eventual mishandling of the crisis and other domestic challenges contributed to his ouster in 1964 by political rivals within the Soviet leadership.

The legal element here is Khrushchev's role in de-Stalinization, which involved dismantling many of Stalin's legal policies of oppression, including the arbitrary imprisonment and execution of political opponents. His reforms reshaped the Soviet legal system by curbing the powers of the secret police and reducing the scale of political purges.

Hogan Lovells is closing its offices in Poland, Australia, and South Africa as part of a strategic shift to focus on key markets like London, New York, California, Texas, and Washington, DC. This move will result in 123 layoffs, including lawyers and support staff. CEO Miguel Zaldivar explained the decision aligns with the firm’s goal of becoming more financially integrated and reaching $3 billion in annual revenue. Hogan Lovells is following a trend of Big Law firms reducing their real estate footprints, with firms like Dechert, Armstrong Teasdale, and A&O Shearman also closing offices globally. Legal recruiter Jeffrey Lowe noted that international offices are particularly costly for U.S. firms, prompting many to reassess their presence in certain markets. The closures reflect a broader effort to free up capital to attract high-priced lateral talent, a trend expected to continue in the coming years.

Hogan Lovells to Close Three Offices in ‘Strategic’ Move (3)

Norfolk Southern Corp. is seeking its seventh legal leader in as many years after firing Chief Legal Officer Nabanita Nag and CEO Alan Shaw due to a consensual relationship that violated company policy. This follows an internal investigation conducted by an outside law firm. Jason Morris, the company’s vice president for law, has been named acting corporate secretary, though it is unclear if he will assume control of the legal department. Norfolk Southern has faced significant legal and regulatory challenges, including the costly East Palestine, Ohio train derailment in 2022, which has led to $2 billion in litigation and remediation expenses.

Nag, who took over as legal chief in 2022, is the latest in a series of legal department leaders to leave Norfolk Southern. Her predecessors left for various reasons, including retirement and relocation due to the company’s headquarters moving from Norfolk, Virginia to Atlanta. Norfolk Southern has reached large settlements related to the Ohio derailment, including $600 million to resolve lawsuits and $310 million for U.S. government claims. The company continues to deal with litigation over the incident, represented by WilmerHale and Dickie McCamey, and faces further scrutiny from investors following the disaster.

Norfolk Southern Law Head’s Ouster Continues Department Turnover

The House has received a letter from the federal judiciary regarding a potential impeachment inquiry into former Alaska District Judge Joshua Kindred, who resigned after being found guilty of sexual misconduct and lying to investigators. The Ninth Circuit's Judicial Committee certified an impeachment inquiry into Kindred in July, citing his creation of a hostile work environment and an inappropriate relationship with a former law clerk. While Kindred resigned, a Senate conviction could bar him from future public office.

Democratic Representative Hank Johnson praised the judiciary for taking the allegations seriously, but it remains unclear if the House will pursue the matter. Legal experts suggest Republicans may be reluctant to proceed, given that Kindred is no longer in office, similar to their stance during Trump’s second impeachment trial. The last federal judge impeached and removed from office was G. Thomas Porteous in 2010.

Meanwhile, scrutiny has increased on Kindred’s past cases, with over 40 potentially involving conflicts of interest. Criminal defense lawyers in Alaska are exploring opportunities to overturn convictions related to Kindred’s misconduct. Additionally, Kindred's former clerk has filed a whistleblower complaint, alleging retaliation by the Alaska U.S. Attorney’s office after she reported the harassment.

Ex-Alaska Judge’s Potential Impeachment Moves to House (2)

TikTok and its parent company ByteDance are facing a pivotal court hearing on Monday that could determine whether the app will be banned in the U.S. by January 19, 2025. The U.S. Court of Appeals for the District of Columbia will hear oral arguments in the legal challenge, which occurs as TikTok remains a key platform for political engagement during the 2024 presidential election.

TikTok argues that the law mandating its sale or banning it violates free speech rights and is a drastic departure from the U.S. tradition of supporting an open internet. U.S. lawmakers passed the law, citing national security concerns over potential Chinese government access to American data. TikTok has claimed that divesting the app is unfeasible, and the case could end up before the Supreme Court. While the Biden administration wants Chinese ownership of TikTok to end, it is not pushing for an outright ban if the app’s ownership issues are resolved. A decision is expected by December 6.

TikTok faces crucial court hearing that could decide fate in US | Reuters

This week’s closing theme is by Clara Wieck-Schumann.

This week’s closing theme honors the extraordinary Clara Schumann, one of the most influential figures in the world of 19th-century classical music, born on this day, September 13, in 1819. A virtuoso pianist, composer, and teacher, Clara Schumann’s legacy extends far beyond her role as the wife of composer Robert Schumann. She was a musical prodigy who gave her first public concert at the age of nine, and over her long career, she toured extensively across Europe, earning widespread acclaim for her impeccable technique and profound musicality.

Clara Schumann was also a gifted composer, though her work was often overshadowed by the social expectations of her time. One of her standout compositions is Scherzo No. 2 in C minor, Op. 14. Written in 1845, this piece exemplifies her command of the piano, featuring a powerful interplay of rhythmic vitality and lyrical expressiveness. The Scherzo No. 2 showcases Clara’s deep understanding of Romantic aesthetics, with its dramatic contrasts and technical brilliance—a hallmark of her compositional style. The piece demands a high level of virtuosity, a reflection of her own skills as one of the greatest pianists of her era.

Despite facing many personal challenges, including the early death of her husband and the pressure to provide for her family, Clara remained dedicated to her craft. She shaped the landscape of European concert life, championing the works of Robert Schumann, Johannes Brahms, and other contemporary composers, while continuing to write and perform her own music.

Clara Schumann’s Scherzo No. 2 is a fitting tribute to her genius—its energetic and complex nature reflects her resilience and innovation in a time when female composers were seldom given their due recognition. As we listen to this remarkable piece, it’s a reminder of her invaluable contributions to classical music, both as a composer and a performer, whose impact still resonates today. On her birthday, it’s only right to celebrate Clara Schumann’s enduring artistry and reflect on her place in music history.

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