Minimum Competence - Daily Legal News Podcast
Minimum Competence
Legal News for Wed 1/10 - SEC X Account Falsely Claims Bitcoin ETF Approved, High Mark for Women in Law Firms, Woz vs. YouTube and RICO Applied to Georgia "Cop City" Protestors

Legal News for Wed 1/10 - SEC X Account Falsely Claims Bitcoin ETF Approved, High Mark for Women in Law Firms, Woz vs. YouTube and RICO Applied to Georgia "Cop City" Protestors

SEC's account falsely approving a BTC ETF, a landmark in women's representation in US law firms, Steve Wozniak's lawsuit challenging platform liability, and RICO applied to 'Cop City' protestors.

The Monopoly man and a barrel of oil, pencil sketch

This Day in Legal History: Standard Oil Incorporated 

On this day in legal history, January 10 marks the incorporation of Standard Oil by John D. Rockefeller in 1870. This event set the stage for one of the most significant antitrust legal battles in American history. Standard Oil, under Rockefeller's leadership, quickly grew to dominate the U.S. oil industry, achieving near-monopoly status.

The company's growth was characterized by aggressive strategies, such as undercutting competitors' prices, securing favorable railroad rates, and acquiring rival refineries. By the 1880s, Standard Oil controlled approximately 90% of the U.S. refining capacity, prompting public and legal scrutiny.

Concerns about Standard Oil's monopoly power and business tactics contributed to the development of the Sherman Antitrust Act of 1890, a landmark federal statute in the field of competition law. The Act aimed to prohibit monopolistic practices and promote fair competition.

In 1906, the federal government filed a lawsuit against Standard Oil under the Sherman Act. The case, Standard Oil Co. of New Jersey vs. United States, reached the Supreme Court. The Court's 1911 decision became a cornerstone of antitrust jurisprudence.

The Supreme Court, in a landmark ruling, found Standard Oil guilty of monopolizing the petroleum industry through a series of abusive and anticompetitive actions. The Court ordered the dissolution of Standard Oil into 34 independent companies, including those that would become ExxonMobil, Chevron, and ConocoPhillips.

This case set a significant precedent for antitrust enforcement in the United States. It demonstrated the government's commitment to regulating large corporations and maintaining competitive markets. The ruling was also a pivotal moment in the history of corporate law, shaping the legal landscape for future antitrust cases.

The rise and fall of Standard Oil not only transformed the oil industry but also had a lasting impact on American business practices and legal frameworks. Rockefeller, through this enterprise, became America's first billionaire, illustrating the profound economic impact of the industrial age.

Today, the legacy of the Standard Oil case continues to influence antitrust law and policy, serving as a reminder of the legal system's role in balancing corporate power and public interest.

The US Securities and Exchange Commission (SEC) experienced a significant cybersecurity incident when its social media account was hacked. The compromised account falsely announced the approval of a spot-Bitcoin exchange-traded fund (ETF), which led to a brief surge in Bitcoin's price. This incident has triggered an investigation by US authorities into the breach of one of Wall Street's main regulatory bodies.

Kurt Gottschall, a former SEC regional director, commented on the irony of the situation, noting that the SEC, known for its strict stance on cybersecurity breaches in public companies, is now a victim itself. The hack has also intensified criticism from cryptocurrency advocates, who perceive the SEC's chair, Gary Gensler, as overly stringent on crypto regulations.

The SEC confirmed that the unauthorized access was terminated and clarified that the post about the ETF approval was not made by the SEC or its staff. Joe Benarroch, head of business operations at the involved social media service, stated that they are investigating the root cause of the hack. It was revealed that the SEC's account did not have two-factor authentication enabled, a standard security measure, at the time of the incident.

Republican Senators JD Vance and Thom Tillis have demanded explanations from the SEC regarding this misleading post, seeking a briefing and responses by January 23.

Meanwhile, anticipation for the SEC's decision on several Bitcoin ETF applications is high. The SEC is due to act on these applications, with speculation about possible approval for these products. The approval process involves signing off on exchange filings and the issuers' registration applications, with potential for the ETFs to start trading soon after approval.

This incident underscores the ongoing controversy and speculation surrounding the introduction of spot-backed Bitcoin ETFs, an area where the SEC has historically expressed concerns over investor protection and market manipulation.

SEC’s X Account Hacked to Falsely Say Bitcoin ETF Approved (3)

In 2023, U.S. law firms saw a significant milestone with women associates outnumbering their male counterparts for the first time. According to a survey by the National Association for Law Placement (NALP), 50.3% of associates in U.S. law firms were women last year. This shift reflects the growing gender dynamics in the legal profession, as the number of women in U.S. law schools has been surpassing men for the past eight years, with nearly 56% of current J.D. students being women.

Since NALP began tracking diversity data in 1991, when women comprised just over 38% of law firm associates, there has been a gradual but notable increase in their representation. Nikia Gray, NALP’s executive director, emphasizes that real change is slow and hard, but it does happen. However, the increase in women's representation is not uniform across all levels in law firms. While women made up 27.76% of all partners in 2023, the largest year-over-year increase recorded by NALP, they still represent less than half the percentage of female associates, highlighting a significant gender gap at higher levels.

The survey also indicates improvements in racial diversity within law firms. In 2023, associates of color represented 30.15%, a record increase, and non-white partners increased to 12.1%. Despite these gains, women of color still account for less than 5% of all partners, although Black and Latina women surpassed 1% of partners for the first time in 2023.

However, there's a potential concern for future diversity as the percentage of minority students in summer associate internships dropped in 2023 for the first time since 2017. This decline might signal a slowdown in the diversity shift among associates, considering the role of summer programs as a pipeline to full-time positions in law firms.

Most US law firm associates were women in 2023, survey shows | Reuters

Steve Wozniak, co-founder of Apple Inc., is challenging the limits of Section 230 of the Communications Decency Act in a case against YouTube. This federal law acts as a liability shield for online platforms from lawsuits regarding third-party content. The case, argued before California's Sixth Circuit Court of Appeal, centers on YouTube’s role in a scam involving doctored footage of Wozniak and other tech figures to promote a fake Bitcoin giveaway.

Wozniak's legal team argues that YouTube contributed to the scam's credibility by awarding verification badges, indicated by check marks, to accounts that posted the fraudulent videos. These badges are typically seen as symbols of authenticity. The justices are probing whether these badges, requested by users, constitute YouTube's own content or are simply enhancements of third-party content, which would then be protected under Section 230.

YouTube's attorney, Mark Yohalem, referenced a precedent case, Gentry v. eBay, Inc., to argue that platforms are not liable for labels like “power sellers” given to third-party users, drawing a parallel to YouTube’s verification badges. Yohalem asserts that promoting visibility of third-party content falls under the definition of publishing, and hence, is protected under Section 230.

Wozniak's attorney, Brian Danitz, contends that YouTube's profit from the hoax should exclude it from Section 230’s liability shield. He also seeks to investigate YouTube’s processes for creating targeted ads and verification badges.

The case, Wozniak v. YouTube, highlights a growing debate among federal appellate judges and justices over the expansive interpretations of Section 230, which was originally intended to foster internet growth. This lawsuit also involves the misuse of videos of other celebrities like Elon Musk and Bill Gates in the hoax. The outcome of this case could have significant implications for the liability of online platforms in cases of third-party content misuse.

If you have any interest in learning more about Section 230, we have a separate Max Min episode on just that topic. 

Steve Wozniak Case Cues Test of Internet Liability Shield Limit

The first trial among dozens of activists charged with conspiring to halt the construction of an Atlanta police training center, commonly referred to as "Cop City," is set to commence. Ayla King, a 19-year-old from Worcester, Massachusetts, faces charges under Georgia's Racketeer Influenced and Corrupt Organizations Act (RICO), a state law modeled after the federal law originally intended to combat organized crime.

King is accused of being part of "Defend the Atlanta Forest," a group that has allegedly occupied the site of the proposed $90 million Atlanta Public Safety Training Center. This center, which includes a mock city and emergency vehicle course, is opposed by protesters for reasons including increased police militarization and environmental concerns.

The case is notable as it's the first time Georgia has applied the RICO Act to a protest group, according to Chris Timmons, a law teacher at Georgia State University. He points out that prosecutors are wielding a powerful law that might transform some misdemeanors into more serious charges. If proven that the group's actions extended beyond protest to criminal activity, it could justify the use of the RICO Act.

King, who has been released on a $15,000 bond and pleaded not guilty, is specifically charged with participating in a riot at the construction site. Her trial is separate as she requested a speedy trial, and her outcome won't directly affect the other cases, though it might influence plea deal negotiations.

A gag order has been issued in the case, limiting public statements by defense attorneys and prosecutors. King's attorney argues that there is no evidence linking her to the group that damaged construction equipment.

Christopher Bruce, policy director for the ACLU of Georgia, criticized the broad application of Georgia's RICO Act in this context, stating it was meant for organized crime and is now being used to target government dissenters. The trial is a significant test case for the use of the RICO Act against protest groups and has broader implications for how such laws are applied to social and environmental activism.

First conspiracy trial over Atlanta 'Cop City' protests set to begin | Reuters

Minimum Competence - Daily Legal News Podcast
Minimum Competence
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