Legal News for Fri 1/3 - Biden Tries to Make Offshore Drilling Bans Permanent, Tesla Shareholders...

This Day in Legal History: Cicero is Born


On January 3, 106 BC, Marcus Tullius Cicero, one of ancient Rome's most influential lawyers, orators, and statesmen, was born in Arpinum, a small town southeast of Rome. Cicero's life and work laid the foundations for modern legal and political thought, intertwining law, philosophy, and rhetoric. As a novus homo (the first in his family to achieve senatorial rank), Cicero rose through the Roman cursus honorum, eventually serving as consul in 63 BC. His tenure is most remembered for his decisive action in quelling the Catiline Conspiracy, a plot to overthrow the Republic.


Cicero’s legal career was marked by his exceptional eloquence and emphasis on justice. His speeches, such as those in defense of Sextus Roscius and against Verres, revealed his dedication to exposing corruption and advocating for fairness. Beyond his courtroom success, Cicero’s philosophical treatises, including De Legibus (On the Laws), explored the nature of justice and the rule of law. His writings profoundly influenced thinkers of the Enlightenment and modern legal systems.


In one of his letters, Cicero wrote to his friend – one of his most famous quotes:“What is morally wrong can never be advantageous, even if it enables you to rule the world.”


This succinct insight captures his belief in the universality of law as a moral and societal cornerstone.


Cicero’s life was not without turmoil. His opposition to Julius Caesar's dictatorship and later to Mark Antony cost him dearly. He was executed in 43 BC during the proscriptions. Cicero endures not only as a towering figure in law and politics but also as one of those ancient philosophers whose works people skim through, extract a handful of pithy quotes, and then relentlessly share at dinner parties or on social media. His knack for universal truths ensures his words still resonate, even as they occasionally overstay their welcome in the mouths of exhausting folks.


President Biden plans to issue an executive order permanently banning new offshore oil and gas development in specific U.S. coastal waters. This move, based on the 1953 Outer Continental Shelf Lands Act, is intended to be difficult for future administrations to reverse and comes as Biden seeks to solidify his environmental legacy in the final weeks of his presidency. The protections aim to safeguard marine ecosystems, protect vulnerable coastal communities, and combat climate change, aligning with calls from environmental groups and congressional Democrats. 


While Biden’s actions will not affect existing leases, the scope of the new protections is expected to include key areas like parts of the Pacific near California and the eastern Gulf of Mexico near Florida. Conservationists have praised the move as a necessary step to protect U.S. waters, while oil industry advocates argue it jeopardizes energy independence. Former President Donald Trump is likely to attempt reversing the order, though previous court rulings suggest such efforts may face significant legal hurdles. Offshore drilling remains a contentious issue, with opposition particularly strong in coastal regions reliant on tourism.


Biden to Ban More Offshore Oil Drilling Before Trump Arrives (1) (https://news.bloomberglaw.com/environ...)


A group of Tesla shareholders is appealing a Delaware Chancery Court decision that voided Elon Musk's $56 billion pay package, which would have been the largest CEO compensation in U.S. history. Filed on December 31, the appeal also challenges Chancellor Kathaleen St. J. McCormick’s $345 million award in attorneys' fees. 


McCormick had ruled that Tesla’s board and Musk breached fiduciary duties to investors when approving the massive compensation plan. Despite shareholder approval votes in 2018 and 2024, the court found the deal unfairly tilted in Musk’s favor. The plaintiffs, including ARK Investment Management LLC and individual investors, argue the appeal is necessary to restore shareholder voting rights and accountability.


Attorneys for the shareholders assert that over 70% of investors supported the pay package in two separate votes, emphasizing the high level of approval. Legal representation for Musk, the board, and opposing shareholders have yet to respond to requests for comment. The appeal seeks to overturn a ruling that has intensified debates about executive compensation and corporate governance.


Elon Musk Pay Deal Decision Appealed to Delaware High Court (1) (https://news.bloomberglaw.com/securit...)


The U.S. Supreme Court's 2025 docket includes pivotal labor and employment cases addressing workplace discrimination, wage law exemptions, and employee benefits. Among the key issues is whether workers from "majority backgrounds," like white or heterosexual individuals, face higher hurdles in proving discrimination cla...