“Justices Asked To Recuse Fitbit Judge Over Google Ties” —

• “A Silicon Valley-based patent-holding company that lost its infringement case against Fitbit is telling the U.S. Supreme Court that a California federal judge and her husband’s financial ties to Fitbit parent Google are so strong that ‘if these circumstances do not warrant recusal … then nothing does.'”
• “A new petition for certiorari, docketed Tuesday, wants the U.S. Supreme Court to take a look at a ruling out of the Federal Circuit last year that rejected an effort from Cellspin Soft to force the recusal of U.S. District Judge Yvonne Gonzalez Rogers after she rejected Cellspin’s patent case against Fitbit, which was picked up by Google in 2021.”
• “Back in 2022, Judge Rogers granted summary judgment to the handful of companies that remained in these cases, which included Fitbit, Nike, Under Armour, the Fossil Group, Garmin International Inc. and Nikon. The ruling found that the patent-holding company’s allegations were ‘conclusory and lacking substance’ and, ‘ultimately, do not carry evidentiary weight.'”
• “The petition from the patent-holding company focused in large part on Judge Rogers’ husband, Matt Rogers, and his work as an operating partner at the venture capital firm Ajax Strategies, which takes money from Google to operate at least three startups.”
• “‘The venture capitalist spouse has taken $700 million in part from Google, the spouse has five separate publicly-announced strategic partnerships with Google, and the judge herself owns anywhere between $5-$25 million in a specific hedge fund,’ read the petition, pointing to Judge Rogers’ investment in a Vanguard S&P Index fund.”
• “Last year’s Federal Circuit ruling had pointedly avoided looking at the merits of that last argument by pointing out that it was filed way too late and could have been filed before Judge Rogers rejected Cellspin’s case.”

“Courts Soften Stance Against Law Clerks Seeking Political Work” —

• “The federal judiciary is walking back an ethics opinion that told judges to prevent their law clerks from seeking jobs with political groups while still working for the court, instead leaving that decision up to individual judges.”
• “The Judicial Conference Committee on Codes of Conduct in September had said such job searches by law clerks “may run the risk” of associating a judge’s chambers with political activity. In updated opinions released Friday, the committee now says that while it’s “critical” to separate the judiciary from politics, it’s up to individual judges to determine ‘to assess this risk and to impose restrictions or limitations, if any.'”
• Guide to Judiciary Policy, Vol. 2B Last revised (Transmittal 02-087) March 6, 2025:
  • “III. Future Employment with Political Organizations. Canon 4C(4) of the Employees’ Code permits law clerks and staff attorneys to seek future employment opportunities during their judicial employment provided such pursuits are in consultation with their appointing authority. The Employees’ Code does not qualify this permission based on the type of prospective employment. Although seeking and obtaining future employment while clerking is generally acceptable under the ethics rules, prospective employment with a political organization may trigger Canon 5 concerns. The commentary to Canon 5 in the Code of Conduct for United States Judges explains that a political organization is “a political party, a group affiliated with a political party or candidate for public office, or an entity whose principal purpose is to advocate for or against political candidates or parties in connection with elections for public office.”
  • “The Committee has advised that keeping the judicial branch removed from politics and political preferences is critical. See Advisory Opinion No. 92 (‘Political Activities Guidelines for Judicial Employees’). It is necessary, therefore, to safeguard against risks that may potentially associate a judge or chambers with politics. Under some circumstances, a law clerk’s employment discussions with a political organization during a clerkship or judicial employment may pose such a risk. Ultimately, the appointing judge retains discretion to assess this risk and to impose restrictions or limitations, if any. Assessments should be made on a case-by-case basis in full consideration of all the facts, circumstances, and potential risks involved, underscoring the importance that the judge, as the law clerk’s appointing authority, should be completely informed.”

“Bar Bid by Attorney General’s Brother Prompts Lawyers’ Concerns” —

• “Some Washington lawyers are raising concerns over a campaign by the brother of Attorney General Pam Bondi to lead the DC Bar, as the body fields ethics charges against attorneys linked to President Donald Trump.”
• “Brad Bondi, a partner at Paul Hastings, was named in February as a candidate for DC Bar president. Also running for a bar leadership position is Alicia Long, chief deputy for Ed Martin, Trump’s pick to lead the US attorney’s office in Washington. She’s one of two nominees for treasurer. If elected, both would be among the 20 lawyers who sit on the bar’s board of governors.”
• “Current and former bar officials and members said that, if elected, Bondi wouldn’t oversee the disciplinary proceedings, and any other influence he could have over that work would be tempered by other bar leaders or the District of Columbia Court of Appeals. DC Bar elections begin on April 15 and run until June 4.”
• “Concerns about the two attorneys come as Senate Judiciary Committee Democrats on Thursday filed a misconduct complaint with the bar’s disciplinary counsel against Martin, alleging he abused his position while handling Jan. 6 Capitol riot cases.”
• “If elected, Bondi—through his role on the bar’s board of governors—would help recommend members for the Board on Professional Responsibility, a panel that reviews disciplinary findings against Washington attorneys. Final disciplinary decisions are made by the local District of Columbia Court of Appeals, which appoints the members of the professional responsibility board.”
• “‘The disciplinary system operates independently from the D.C. Bar, and we have no control or influence over cases that are investigated or prosecuted by the Office of Disciplinary Counsel,’ Robert Spagnoletti, CEO of the D.C. Bar, said.”
• “The board of governors also approves the bar’s budget, including money set aside for the disciplinary counsel’s office. Any conflict over those funds are taken to the DC Court of Appeals, and former bar officials say they don’t recall that ever happening.”
• “The president also has influence over who chairs the bar’s standing committees, which include panels overseeing the bar’s budget and investments. The treasurer helps oversee the budget, but changes would require approval from a majority of the board of governors.”
• “David Cole, a Georgetown University law professor, said that even though the disciplinary proceedings aren’t run by bar leadership, he’s still concerned that the process could be manipulated as a retaliatory move due to cases against Trump allies. He raised the possibility of charges being filed against Washington lawyers who’ve worked on lawsuits against early Trump administration actions.”
• “Charles Work, who served as one of the bar’s first presidents, said he’s concerned that a person related to a top Trump administration official leading the group could give the impression of partisanship, even if Bondi doesn’t take any overtly partisan actions.”
• “Bondi, a longtime white collar attorney, currently co-chairs Paul Hasting’s investigations and white collar defense practice. He was recently hired by YouTube personality ‘MrBeast’ Jimmy Donaldson and a group of investors for legal advice on a bid to buy TikTok Inc., and has also given advice to top Trump ally and billionaire Elon Musk’s Tesla, Inc. on SEC matters.”