This Day in Legal History: Black Tuesday
On October 29, 1929, the United States experienced one of the most catastrophic financial events in its history—Black Tuesday, the climax of the stock market crash that helped trigger the Great Depression. While primarily remembered as an economic crisis, this day also had profound and lasting legal consequences that reshaped American financial regulation and the federal government’s role in the economy.
In the immediate aftermath, the lack of oversight and rampant speculation that had fueled the 1920s bull market came under intense scrutiny. The legal system responded in the 1930s with a suite of landmark legislative reforms designed to stabilize financial markets and restore public confidence. Chief among these were the Securities Act of 1933 and the Securities Exchange Act of 1934, which established mandatory disclosure requirements for public companies and created the Securities and Exchange Commission (SEC) to enforce federal securities laws.
These laws introduced the legal principle that corporations owe a duty of candor to investors and that misleading or fraudulent statements can be subject to civil and criminal penalties. They also laid the foundation for modern financial regulation, including rules governing insider trading, market manipulation, and fiduciary duties of brokers and advisors.
The legal legacy of October 29, 1929, is thus not limited to market losses but includes the birth of a federal regulatory framework that continues to govern securities markets today. It marked a turning point where the federal government took a permanent role in policing Wall Street and protecting investors through statutory and administrative mechanisms.
The U.S. Court of Appeals for the Second Circuit will hear Argentina’s appeal of a $16.1 billion judgment related to its 2012 expropriation of oil company YPF. The judgment, issued by U.S. District Judge Loretta Preska in 2023, awarded $14.39 billion to Petersen Energia Inversora and $1.71 billion to Eton Park Capital Management, former minority shareholders of YPF. They claimed Argentina violated contractual obligations by failing to make a tender offer when it nationalized 51% of YPF from Spanish energy firm Repsol.
Argentina argues the case should not be heard in a U.S. court, citing sovereign immunity, misapplication of Argentine law, and the principle of international comity. It also contends the damages are vastly overstated—amounting to 45% of its 2024 national budget. The litigation has been financially backed by Burford Capital, which could receive a large payout if the appeal fails.
The appeal arrives as President Javier Milei, a libertarian reformer, works to stabilize Argentina’s economy with austerity measures, having recently achieved a rare budget surplus. Meanwhile, Argentina is also separately appealing a court order to hand over YPF shares, an order currently on hold. The U.S. government has not taken a stance on the appeal but opposed the share turnover, citing foreign policy risks.
Argentina to ask US appeals court to overturn $16.1 billion YPF judgment | Reuters
A federal judge ruled that Bilal Essayli was unlawfully appointed as acting U.S. attorney for California’s Central District, which includes Los Angeles. U.S. District Judge J. Michael Seabright found that Essayli’s continued service beyond the 120-day interim period allowed by law was improper since he had neither been nominated by the president nor confirmed by the Senate. This decision disqualifies him from serving in the acting role but allows him to remain as first assistant U.S. attorney.
The ruling does not dismiss three criminal indictments issued during Essayli’s tenure, as they were signed by other prosecutors and no due process violations were found. Still, the judgment raises concerns about leadership stability in the largest federal judicial district in the country, serving roughly 19 million people.
Essayli’s appointment was part of a broader pattern under the Trump administration of bypassing Senate confirmation for key prosecutorial roles. A similar ruling recently invalidated the acting U.S. attorney appointment in Nevada, and another decision in New Jersey blocked Alina Habba, a Trump ally, from participating in prosecutions. These appointments are now under appeal.
Judge disqualifies ‘acting’ US attorney in California | Reuters
The celebrity video platform Cameo filed a trademark infringement lawsuit against OpenAI in a California federal court, accusing it of unlawfully using the name “Cameo” for a new feature in its Sora video generation app. Cameo claims that OpenAI’s use of the term for AI-generated virtual likenesses causes brand confusion and threatens the distinctiveness of its trademark.
OpenAI launched Sora as a standalone app in late September, and its feature—also named “Cameo”—lets users create AI-generated videos that can include virtual celebrities. Cameo argues this directly competes with its own service, where users pay real celebrities for personalized video messages. The company pointed to examples of AI-generated videos featuring public figures like Mark Cuban and Jake Paul, claiming this puts OpenAI in head-to-head competition with their business model.
Cameo said it attempted to resolve the issue privately, but OpenAI declined to change the feature’s name. OpenAI responded that it disagrees with the lawsuit, arguing no one can monopolize a generic term like “cameo.”
The lawsuit seeks financial damages and a court injunction to stop OpenAI from using the name “Cameo.”
OpenAI sued for trademark infringement over Sora’s ‘Cameo’ feature | Reuters
Texas has hired the law firm Keller Postman—which previously secured a $1.4 billion settlement from Meta—to lead a new lawsuit alleging that Tylenol use during pregnancy increases the risk of autism in children. Filed in Panola County, the suit accuses Johnson & Johnson and Kenvue, Tylenol’s current owner, of misleading consumers by marketing the drug to pregnant women despite knowing potential developmental risks tied to its active ingredient, acetaminophen.
Ashley Keller, a senior partner at the firm, said the case will be handled on a contingency basis, meaning Texas pays only if it wins, similar to prior deals with Meta and Google. The firm’s effective hourly rate under that model can reach $3,780, though its total fees are capped at 11% of any recovery. Keller defended the state’s approach, saying the firm invests heavily and shares the litigation risk with Texas.
The lawsuit builds on ongoing national litigation over acetaminophen and childhood developmental disorders, though courts have previously rejected similar claims. A 2024 federal ruling in New York dismissed related cases after expert testimony linking acetaminophen to ADHD was excluded. Texas’ case, however, is distinct because it focuses on state-level claims of deceptive trade practices and fraudulent transfer, alleging J&J unlawfully moved Tylenol liabilities to Kenvue.
Texas Returns to Keller Postman to Link Tylenol to Child Autism
