Minimum Competence Podcast Por Andrew and Gina Leahey arte de portada

Minimum Competence

Minimum Competence

De: Andrew and Gina Leahey
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 The idea is that this podcast can accompany you on your commute home and will render you minimally competent on the major legal news stories of the day. The transcript is available in the form of a newsletter at www.minimumcomp.com.

www.minimumcomp.comAndrew Leahey Ciencia Política Política y Gobierno
Episodios
  • Legal News for Thurs 5/22 - PowerSchool Hacker Plea, Judge Rejects Vanguard Settlement, Trump Admin Fights DOGE Transparency at SCOTUS

    Legal News for Thurs 5/22 - PowerSchool Hacker Plea, Judge Rejects Vanguard Settlement, Trump Admin Fights DOGE Transparency at SCOTUS
    May 22 2025
    This Day in Legal History: Abraham Lincoln, InventorOn May 22, 1849, Abraham Lincoln was awarded U.S. Patent No. 6,469 for an invention designed to lift boats over shoals and other obstacles in shallow waterways. The device involved a system of bellows attached to the hull of a boat, which could be inflated to lift the vessel over obstructions. Lincoln conceived the idea after witnessing firsthand how flatboats became stranded on sandbars during his travels on the Mississippi River. Though the invention was never manufactured, Lincoln's patent represents a rare intersection of legal, political, and technological history.Lincoln’s detailed model, which he carved himself, is now preserved at the Smithsonian Institution. His application demonstrated a firm grasp of both mechanics and the legal requirements of patent law, including the novelty and utility standards necessary for approval. Lincoln’s interest in patents was not merely personal—he viewed the patent system as a key driver of American innovation and economic growth. In an 1858 lecture, he praised the patent system as adding "the fuel of interest to the fire of genius."This episode in Lincoln’s life underscores the connection between law and invention in the 19th century. The U.S. patent system, formalized under the Patent Act of 1790 and modified several times by Lincoln’s era, provided crucial protections to inventors during a time of rapid industrial development. Lincoln’s engagement with the system as both an inventor and a lawyer reflects the broader legal culture of self-improvement and technological optimism in antebellum America.Matthew Lane, a 19-year-old student at Assumption University in Massachusetts, has agreed to plead guilty to charges stemming from a significant data breach at PowerSchool, a cloud-based education software company. Federal prosecutors allege Lane accessed PowerSchool’s network in September 2024 using stolen contractor credentials, obtaining sensitive data on more than 60 million students and 10 million teachers. This data, including Social Security numbers and addresses, was later used in a $2.85 million bitcoin ransom demand.Lane transferred the stolen data to a server in Ukraine before the extortion attempt, which caused alarm among parents and school districts. The breach, which PowerSchool disclosed in January 2025, was reportedly linked to earlier extortion efforts targeting a telecommunications company, from which Lane and others attempted to extract a $200,000 ransom. The case marks the first public identification of a suspect in the PowerSchool breach, which has impacted numerous school districts.PowerSchool admitted to paying a ransom to prevent public exposure of the data. Lane faces charges including cyber extortion, aggravated identity theft, and unauthorized access to protected computers. If convicted, he will serve at least two years in prison. His attorney has not commented.Massachusetts college student to plead guilty to PowerSchool data breach | ReutersA federal judge in Philadelphia has rejected Vanguard Group’s proposed $40 million settlement with investors who claimed they were hit with unexpected tax bills from its target-date mutual funds. U.S. District Judge John Murphy ruled that the deal provided "no value" to investors because it duplicated benefits already secured through a $135 million settlement Vanguard reached with the Securities and Exchange Commission (SEC) earlier this year.In that SEC settlement, investors were promised compensation without having to pay legal fees or waive future claims. By contrast, the proposed class action settlement would have reduced investor payouts due to more than $13 million in attorneys’ fees. Judge Murphy sided with an objecting class member who argued the SEC accord already gave investors the same benefits, making the class settlement redundant and financially disadvantageous.Both settlements stem from Vanguard’s 2020 move to lower the minimum investment threshold for its lower-cost institutional target-date funds. This triggered a mass migration from higher-cost retail funds, prompting large redemptions that led to capital gains being passed on to remaining investors.Vanguard argued that rejecting the settlement might discourage firms from resolving regulatory and civil actions simultaneously. However, the court emphasized fairness to the class over procedural convenience.US judge rejects Vanguard $40 million mutual fund settlement, cites SEC accord | ReutersThe Trump administration has asked the U.S. Supreme Court to block a lower court order requiring it to provide documents and testimony about the Department of Government Efficiency (DOGE), a White House office linked to Elon Musk’s federal reform initiative. The watchdog group Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit seeking transparency about DOGE’s operations, arguing that it should be subject to the Freedom of Information Act (FOIA)....
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  • Legal News for Weds 5/21 - State AGs Sue Trump Over Tariffs, DOJ Probe into Cuomo, Judge Tosses Treasury's Case Against IRS Worker Union

    Legal News for Weds 5/21 - State AGs Sue Trump Over Tariffs, DOJ Probe into Cuomo, Judge Tosses Treasury's Case Against IRS Worker Union
    May 21 2025
    This Day in Legal History: House of Representatives Passes 19th AmendmentOn this day in legal history, May 21, 1919, the U.S. House of Representatives passed the 19th Amendment to the Constitution, granting women the right to vote. The amendment stated simply: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." After decades of organizing, lobbying, and protest by suffragists—including Susan B. Anthony, Elizabeth Cady Stanton, and Alice Paul—this marked a major legislative victory in the long fight for women's suffrage.The amendment was first introduced in Congress in 1878 but languished for over 40 years before gaining sufficient political traction. The context of World War I played a pivotal role; as women took on new roles in the workforce and public life during the war, their contributions made it politically difficult to deny them voting rights. President Woodrow Wilson, initially lukewarm on the issue, eventually lent his support, which helped sway key votes.Following the House vote on May 21, 1919, the amendment proceeded to the Senate, where it was passed on June 4, 1919. Ratification by the states took just over a year, with Tennessee becoming the decisive 36th state to ratify on August 18, 1920. The 19th Amendment was officially certified on August 26, 1920.This moment was a turning point in constitutional law regarding civil rights and voting equality, setting the stage for later expansions through the Civil Rights Act, the Voting Rights Act, and ongoing debates over voter access and gender equality.Twelve U.S. states, led by Democratic attorneys general from New York, Illinois, and Oregon, are challenging President Donald Trump's recently imposed "Liberation Day" tariffs in federal court. The states argue that Trump misused the International Emergency Economic Powers Act (IEEPA) to justify tariffs on imports from countries with which the U.S. runs trade deficits. They claim the law doesn't authorize tariffs and that a trade deficit does not qualify as a national emergency.The case will be heard by a three-judge panel at the Court of International Trade in Manhattan, which also recently heard a similar lawsuit from small businesses. Oregon’s Attorney General Dan Rayfield said the tariffs were harming consumers and small businesses, estimating an extra $3,800 per year in costs for the average family. The Justice Department contends that the states’ claims are speculative and that only Congress can challenge a president's national emergency declaration under IEEPA.Trump’s tariff program began in February with country-specific measures and escalated to a 10% blanket tariff in April, before being partially rolled back. His administration defends the tariffs as necessary for countering unfair trade practices and reviving U.S. manufacturing. Multiple lawsuits—including ones from California, advocacy groups, businesses, and Native American tribes—are challenging the tariff regime.US states mount court challenge to Trump's tariffs | ReutersThe U.S. Justice Department is investigating former New York Governor Andrew Cuomo, now a leading Democratic candidate for New York City mayor, over Republican allegations that he misled Congress about his handling of the COVID-19 pandemic while in office. The inquiry reportedly stems from a referral by a GOP-led House subcommittee, which cited Cuomo’s closed-door testimony before the Select Subcommittee on the Coronavirus Pandemic.Cuomo's campaign says it was not notified of the probe and denounced the investigation as politically motivated "lawfare" driven by Trump allies. Critics argue the Justice Department is being used to target political opponents, while Trump and his supporters maintain that prior cases against him were politically biased. Cuomo, who resigned in 2021 following a state attorney general report accusing him of sexual misconduct—which he denies—is the presumed frontrunner in the June 24 Democratic mayoral primary.He is set to face incumbent Eric Adams, now running as an independent after facing and being cleared of federal charges. The Justice Department has not publicly confirmed or commented on the Cuomo probe, and his spokesperson insists the former governor testified truthfully and transparently.US Justice Department investigating former New York governor Cuomo, sources say | ReutersA federal judge in Kentucky dismissed a lawsuit by the U.S. Treasury Department that aimed to cancel a labor contract with IRS workers in Covington. Judge Danny Reeves ruled that the Treasury lacked legal standing to bring the suit and granted summary judgment in favor of the National Treasury Employees Union (NTEU) Chapter 73. This marks a legal defeat for the Trump administration’s broader attempt to weaken federal employee union rights through an executive order.The administration had filed similar lawsuits in Kentucky and Texas following Trump’...
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    6 m
  • Legal News for Tues 5/20 - State AGs as AI Policymakers, Trump v. Letitia James, Trump Cutting off Investments in Red States

    Legal News for Tues 5/20 - State AGs as AI Policymakers, Trump v. Letitia James, Trump Cutting off Investments in Red States
    May 20 2025
    This Day in Legal History: Blue Jeans PatentedOn May 20, 1873, the U.S. Patent and Trademark Office granted Patent No. 139,121 to Jacob Davis and Levi Strauss for an innovation that would revolutionize American workwear and fashion: the use of copper rivets to reinforce the stress points on men's work pants. Davis, a tailor from Reno, Nevada, originally developed the concept after customers complained about the durability of their trousers. He lacked the funds to file for a patent on his own, so he partnered with Strauss, a San Francisco dry goods merchant who had been supplying him with fabric. The riveted pants were constructed from denim—a sturdy cotton twill that Strauss already sold—which was tough enough for laborers, miners, and cowboys during the American Westward Expansion.The legal protection granted by the patent secured exclusive rights for Strauss and Davis to produce the reinforced trousers, giving them a significant advantage in the market. This protection enabled Levi Strauss & Co. to expand rapidly and establish itself as a dominant force in durable clothing for manual laborers. The patent also illustrates how intellectual property law can incentivize practical innovation by providing a framework for commercial exclusivity.While the original patent expired in 1890, the riveted jean had by then become an entrenched part of American identity. The evolution of the product—from utilitarian workwear to a global fashion staple—highlights how a simple legal instrument can underpin lasting commercial success. The legal recognition of their invention helped formalize what would become a uniquely American contribution to the world’s wardrobe. Strauss and Davis's patent remains one of the most iconic examples of how intellectual property law intersects with design, utility, and culture.As federal AI regulation lags, state attorneys general (AGs) are stepping into the void by using existing laws—such as consumer protection, privacy, and anti-discrimination statutes—to govern the use of generative AI technologies. Although only California, Colorado, and Utah have passed AI-specific legislation, AGs across other states are issuing formal guidance and taking enforcement actions to address AI misuse. Key concerns include the use of personal data, deepfakes, fraudulent representations, and algorithmic bias in sectors like hiring, healthcare, and lending.California AG Rob Bonta has warned that AI tools causing misleading or discriminatory outcomes may violate state law, especially in sensitive fields like health and employment. Massachusetts AG Joy Campbell cautioned that misrepresenting AI capabilities or using AI-generated content to deceive consumers could breach the state’s Consumer Protection Act. Oregon’s guidance focuses on transparency, privacy, and anti-discrimination concerns, requiring consent for data use and allowing opt-outs from significant AI-based decisions. New Jersey’s AG launched a Civil Rights and Technology Initiative targeting algorithmic bias, noting that even third-party tools can trigger liability under anti-discrimination laws. Texas AG Ken Paxton reached a settlement with an AI health tech firm over potentially misleading marketing, marking the first known AG enforcement action under consumer protection law involving generative AI.A Reuters column by Ashley Taylor of Clayton Friedman and Gene Fishel of Troutman Pepper Locke LLP emphasizes that companies cannot assume regulatory immunity simply because AI tools are new or complex. Liability can arise from disparate impacts alone, even absent intent to discriminate. Firms must carefully audit their AI systems, clarify marketing claims, and ensure fair and secure implementation across jurisdictions. Given the fragmented legal landscape, businesses should involve legal and technical leadership early in AI deployment to reduce risk exposure.State AGs fill the regulatory voidThe long-running feud between Donald Trump and New York Attorney General Letitia James has escalated sharply with a federal investigation now targeting James herself. Trump, having returned to the White House, now has the Justice Department behind him, while James continues to lead Democratic opposition through lawsuits challenging his policies. Both known for their combative styles, the two have clashed over ideology, politics, and Trump's business practices.The new front in their battle involves allegations that James committed mortgage fraud, based on documents where she allegedly misrepresented her primary residence and misstated details about her Brooklyn property. The Justice Department, acting on a referral from a federal housing agency, is investigating the claims through its offices in Virginia and New York. James’s lawyer denies wrongdoing, saying the filings were accurate in context and reflect long-standing property use.James has framed the investigation as retaliation for her successful legal actions against Trump, including a...
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    7 m
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