Legal News for Fri 8/16 - India Legal Market Opening Up, TikTok Appeals Against US Claims, California Vote-by-mail System is Fine, GSK Zantac and Bayer Cancer Case Updates

Minimum Competence

This Day in Legal History: WWI Spy Convicted

On August 16, 1918, Lothar Witzke became the first German spy convicted by the United States during World War I. Tried by a military commission at Fort Sam Houston, Texas, Witzke was found guilty of espionage for his role in sabotage activities against the U.S., including his alleged involvement in the Black Tom explosion, a major act of sabotage in 1916. His conviction marked a significant moment in the U.S.'s efforts to counter German espionage during the war. Witzke was sentenced to hang, but his fate took a turn when President Woodrow Wilson commuted his sentence on May 27, 1920. The commutation reflected the complexities of wartime justice and international relations.

Later, in 1922, President Calvin Coolidge granted Witzke a pardon, leading to his deportation to Berlin. Witzke's case highlighted the U.S. government's determination to crack down on espionage while also navigating the diplomatic and political nuances of post-war justice.

India's legal market is cautiously opening to foreign law firms under new guidance allowing them to practice international law within the country. However, only a few firms have taken steps to establish a presence, as many remain hesitant due to past challenges and uncertainties about the implementation of these new rules. India’s rapid economic growth and favorable business environment under Prime Minister Narendra Modi make it an attractive prospect for foreign firms, but the memory of previous failed attempts and local opposition leads many to adopt a wait-and-see approach.

Some firms are opting for strategies like the "fly in, fly out" model, running operations from nearby locations like Singapore. Others, like Baker McKenzie and Dentons, are planning to establish offices when permitted, but are currently working through collaborations with local firms. Japan-based TNY Legal and GVA Professional have already entered the Indian market to support their clients' growing needs.

Despite the opportunities, significant hurdles remain, including unclear regulations and potential resistance from the local bar. Implementing legislation is still required, and foreign firms face a complex bureaucracy. The possibility of limits on foreign registrations to protect Indian firms adds to the uncertainty, making the path forward for foreign law firms in India fraught with challenges.

India Sees Foreign Law Firms Take Baby Steps to Set Up Outposts

TikTok is challenging a U.S. law requiring its parent company, China-based ByteDance, to sell its U.S. assets or face a ban, arguing that the U.S. Department of Justice has misrepresented the app's ties to China. TikTok maintains that its data and content moderation decisions for U.S. users are handled within the U.S. and that the law infringes on its free speech rights. The law, signed by President Biden, aims to end Chinese ownership of TikTok due to national security concerns. The case will be heard by a federal appeals court in September, just before the November presidential election.

TikTok disputes US claims on China ties in court appeal | Reuters

The Ninth Circuit Court of Appeals upheld California's vote-by-mail system, ruling that it does not violate the constitutional rights of in-person voters, even if some invalid mailed ballots are occasionally counted. The court rejected the claim that counting these ballots dilutes the votes of in-person voters, emphasizing that such errors do not disproportionately affect any particular group. The decision arose from a lawsuit aiming to decertify California’s 2020 election results, which, if successful, could have favored Donald Trump. The court found that the plaintiffs' "vote dilution" theory was legally unfounded, consistent with rulings from other circuits.

California Vote-By-Mail Upheld in Rebuke of ‘Vote Dilution’ Suit

GSK plans to seek the dismissal of a Zantac-related lawsuit in Florida, where plaintiffs allege the heartburn drug caused prostate cancer. This follows a recent Florida court ruling in GSK's favor, which excluded expert testimony linking ranitidine, Zantac’s active ingredient, to prostate cancer. The ruling aligns with a 2022 federal court decision that dismissed similar cancer-related claims. However, a Delaware court ruling in June allowed over 70,000 lawsuits to proceed, permitting expert testimony that Zantac causes cancer. GSK is appealing the Delaware decision, as the majority of Zantac cases are concentrated there. Concerns over ranitidine's potential to degrade into the carcinogen NDMA led to the FDA pulling Zantac from the market five years ago.

GSK to seek dismissal of Florida case against heartburn drug Zantac | Reuters

Bayer achieved a legal victory as a U.S. appeals court ruled that federal law shields the company from liability in a lawsuit claiming its Roundup weed killer causes cancer. The 3rd U.S. Circuit Court of Appeals in Philadelphia decided that federal regulations, which require uniform pesticide labeling, preempted Pennsylvania state law from mandating a cancer warning on Roundup. This ruling came in response to a lawsuit by David Schaffner, a landscaper diagnosed with non-Hodgkin's lymphoma, who argued that Bayer's Monsanto unit failed to warn consumers about the cancer risk. The decision could lead to a U.S. Supreme Court review due to conflicting rulings from other federal appeals courts, potentially impacting Bayer's broader litigation risk. Bayer, which has settled much of the Roundup litigation for $10.9 billion but still faces tens of thousands of claims, welcomed the ruling, asserting that Roundup and its active ingredient glyphosate are safe.

Bayer wins victory in US legal battle against Roundup cancer claims | Reuters

This week’s closing theme is by Franz Schubert.

This week's closing theme brings us to the world of Franz Schubert, a composer whose music bridges the Classical and Romantic eras with remarkable emotional depth and lyrical beauty. Schubert, born in Vienna in 1797, was a prolific composer despite his tragically short life, leaving behind a vast body of work that continues to resonate with audiences today. Among his numerous compositions, his Piano Quintet in A major, D. 667, known as the "Trout Quintet," and his symphonies are often celebrated, but today we focus on one of his masterpieces in chamber music: his Piano Quintet in F minor, Op. 15.

The first movement, "Allegro con fuoco ma non troppo," showcases Schubert's unique ability to blend intensity with elegance. The title, which translates to "fast, with fire but not too much," perfectly encapsulates the movement’s spirit. It opens with a passionate and fiery theme that immediately captures the listener's attention, setting the stage for a dynamic interplay between the piano and strings. As the movement progresses, Schubert masterfully balances this intensity with moments of lyrical beauty, creating a musical narrative that is both dramatic and profoundly moving.

This piece exemplifies Schubert's gift for melody and his deep understanding of the human experience, qualities that have endeared his music to generations of listeners. As you listen to the "Allegro con fuoco ma non troppo," let yourself be carried by its sweeping phrases and the emotional journey it offers—a true testament to Schubert's genius.

Without further ado, the first movement of Franz Schubert’s Fantasie in C major, Op. 15, popularly known as the Wanderer Fantasy. Enjoy.

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