Legal News for Mon 8/26 - Big Law for Harris, FTC Challenge to Kroger Merger, US Chamber of Commerce Pushes for Retaining 21% and City Auction Rolls On

Minimum Competence

This Day in Legal History: Nineteenth Amendment Adopted

On August 26, 1920, the Nineteenth Amendment to the U.S. Constitution was officially adopted, marking a pivotal moment in American history by granting women the right to vote. The Amendment, which states that the right to vote "shall not be denied or abridged by the United States or by any State on account of sex," was the culmination of decades of activism and struggle by women’s suffrage advocates. Pioneers like Susan B. Anthony, Elizabeth Cady Stanton, and many others fought tirelessly for this fundamental right, organizing rallies, petitions, and civil disobedience.

The Amendment's adoption followed a lengthy ratification process, where Tennessee became the crucial 36th state to ratify the amendment, securing the necessary three-fourths majority. This victory did not come easily; it was the result of a concerted effort by suffragists who faced significant opposition. The Nineteenth Amendment not only expanded the electorate but also symbolized a broader movement toward gender equality in the United States. Its passage empowered women to engage fully in the democratic process and laid the groundwork for future advances in civil rights. The legacy of the Nineteenth Amendment continues to influence social and political movements to this day.

Big Law firms are rallying behind Vice President Kamala Harris by hosting high-dollar fundraising events. Sullivan & Cromwell's Rodge Cohen is organizing a New York lunch featuring Doug Emhoff, with ticket prices reaching up to $100,000. In Washington, Jenner & Block’s Josh Hsu is co-hosting an evening reception where tickets are nearly $7,000.

Since Harris became the Democratic frontrunner, high-profile attorneys have been mobilizing to support her campaign, with several already raising substantial sums. Notably, Mayer Brown partner Phil Recht, a Harris supporter, notes strong momentum in campaign contributions. The host committees for these events include prominent figures from Big Law and the tech industry, such as Skadden's Nina Rose and OpenAI's Johanna Shelton.

The fundraising effort has seen significant engagement, with many top lawyers eager to contribute. For example, Dawn Smalls of Jenner & Block raised $100,000 in just a week, and partners at firms like Gibson Dunn and WilmerHale are actively supporting Harris through events and donations.

Big Law Throwing Kamala Fundraisers with a Six-Figure Ticket Tier

The U.S. Federal Trade Commission (FTC) is set to challenge Kroger's $25 billion merger with rival Albertsons in federal court, arguing that the deal would harm consumers and workers by reducing competition. The FTC's case, part of the Biden administration's broader effort to address rising consumer prices, will focus on how the merger could lead to higher grocery prices and diminish the bargaining power of unionized workers, particularly in states like California and Washington where both chains have significant overlap. This trial marks a significant test for FTC Chair Lina Khan, who has prioritized using antitrust laws to protect workers, a shift from the traditional focus on consumer prices.

Kroger and Albertsons argue that the merger is necessary to compete with large multinational retailers like Walmart, Costco, and Amazon. They propose selling 579 stores to mitigate competition concerns and promise to lower grocery prices by $1 billion post-merger. However, the FTC, supported by several states, contends that the merger would lead to store closures and weakened union leverage. The trial, expected to last around three weeks, will also examine whether the proposed buyer of the divested stores, C&S Wholesale Grocers, can successfully operate them.

This case is significant as it builds on the FTC's recent focus on labor market competition, following other antitrust actions that have challenged the impact of mergers on workers, such as those in the college athletics and publishing industries. The outcome could pave the way for more scrutiny of mergers based on their effects on labor markets.

US FTC's bid to block Kroger-Albertsons merger heads to trial | Reuters

Kroger case tests FTC Chair Khan's bid to protect workers | Reuters

The US Chamber of Commerce, a conservative business organization, is urging Congress to maintain the 21% corporate tax rate and extend key provisions of the 2017 Republican-led tax law. The Chamber argues that these measures will support sustained economic growth, aiming for at least 3% annually.

As Congress prepares for a major tax code overhaul next year, the Chamber is actively lobbying to preserve lower international tax rates set to increase in 2025 and to reinstate certain deductions for research and development, interest expenses, and full asset expensing. While Republicans generally support extending parts of the 2017 law, despite concerns about the growing deficit, Democrats advocate for raising the corporate tax rate to 28% and increasing taxes on the wealthy to cover the law's costs. The University of Pennsylvania’s Wharton School estimates that extending the law would only offset about 4.4% of its projected $4 trillion cost through economic growth.

The US Chamber of Commerce is known for its conservative stance, particularly in advocating for pro-business policies and lower taxes. Historically, the Chamber has supported Republican initiatives and has often opposed regulatory measures that it views as detrimental to business interests.

US Chamber to Ask Congress to Preserve 21% Corporate Tax Rate

Citgo Petroleum, originally founded in 1910 as Cities Service Company, became a significant player in the U.S. refining industry. In 1986, Venezuela's state-owned oil company, PDVSA, purchased a controlling stake in Citgo, integrating it into Venezuela's oil export strategy. Citgo operates as a major U.S. refiner with its headquarters in Houston, Texas.

Currently, Citgo is at the center of a complex legal battle in the U.S. stemming from Venezuela's expropriations and debt defaults. A U.S. federal court officer, Robert Pincus, is overseeing an auction of shares in Citgo’s parent company, PDV Holding, to satisfy up to $21.3 billion in claims. These claims have resulted from international arbitration awards and issues surrounding foreign sovereign immunity, making the case particularly complex.

The auction process, ongoing since 2017, has faced multiple delays due to the complexity of the bids and the unprecedented legal context. The latest extension request, the third this year, would push the deadline to September 16 for Pincus to recommend a winning bid. The leading bidders are CVR Energy, supported by investor Carl Icahn, and an investment group led by Gold Reserve, a mining company. Following the recommendation, there will be a 21-day period for objections before a final sales hearing on November 7.

US court officer requests new extension to select winner of Citgo auction | Reuters

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