Legal News for Fri 6/6 - SEC Lawsuit Dismissed, OpenAI Appeals NYT Case Data Retention, Trump Pushes to Defund Legal Aid for Poor Americans, and Direct File on GitHub

This Day in Legal History: SEC EstablishedOn this day in legal history, June 6, 1934, the United States Securities and Exchange Commission (SEC) was established as part of the sweeping reforms of the New Deal. The SEC was created by the Securities Exchange Act of 1934 in response to the stock market crash of 1929 and the ensuing Great Depression, which exposed widespread fraud, manipulation, and lack of oversight in the financial markets. Its primary mission was, and remains, to protect investors; maintain fair, orderly, and efficient markets; and facilitate capital formation.President Franklin D. Roosevelt appointed Joseph P. Kennedy, a former stockbroker and businessman, as the SEC’s first chairman. The choice was controversial—Kennedy had profited handsomely from some of the same speculative practices the SEC was meant to prevent—but Roosevelt believed that Kennedy’s insider knowledge would make him an effective regulator.The SEC was empowered to regulate the securities industry, enforce federal securities laws, and oversee the nation’s stock and options exchanges. Among its early duties were requiring public companies to file detailed financial disclosures, registering securities before public offering, and monitoring insider trading. The commission also played a key role in restoring investor confidence in U.S. capital markets during a time of deep financial mistrust.Over time, the SEC expanded its reach, responding to new financial products, trading technologies, and crises. From investigating corporate accounting scandals like Enron and WorldCom, to managing the regulatory fallout of the 2008 financial crisis, the SEC has remained a pivotal force in shaping American financial law. It continues to evolve, now addressing issues such as crypto asset regulation, ESG disclosures, and algorithmic trading.Speaking of the SEC, U.S. District Judge Reggie Walton dismissed a lawsuit challenging the SEC 2020 rule changes that made it more difficult for shareholders to submit proposals at corporate annual meetings. The rules, enacted late in President Trump’s term, raised the ownership thresholds and lengthened holding periods required to file shareholder proposals. They also introduced stricter resubmission requirements for proposals previously rejected by shareholders.The plaintiffs, including the Interfaith Center on Corporate Responsibility, As You Sow, and shareholder advocate James McRitchie, argued the changes disproportionately harmed proposals on environmental, social, and governance (ESG) issues and reduced long-term shareholder value. They claimed the SEC failed to assess the benefits of such proposals before implementing the rules.Judge Walton rejected these claims, ruling that the SEC adequately justified the changes under its mandate to promote efficiency, competition, and capital formation. The SEC, which had defended the rules during both the Trump and Biden administrations, argued that the reforms ensured shareholder proposals had broader relevance and potential for meaningful corporate action. The 2020 vote on the rule changes split along party lines, with Republican commissioners in support. While the SEC declined to comment on the ruling, the plaintiffs expressed disappointment and affirmed their commitment to corporate engagement on environmental and social issues.SEC wins dismissal of lawsuit challenging tighter rules on shareholder proposals | ReutersOpenAI filed an appeal challenging a court order that requires it to indefinitely preserve ChatGPT output data in an ongoing copyright lawsuit brought by The New York Times. OpenAI argues the order conflicts with its user privacy commitments and sets a troubling precedent. The preservation directive was issued last month after The Times requested that all relevant log data be maintained and segregated.OpenAI CEO Sam Altman publicly criticized the order on social media, affirming the company’s stance against actions it sees as compromising user privacy. The appeal, filed on June 3, asks U.S. District Judge Sidney Stein to vacate the preservation requirement.The lawsuit, filed in 2023, accuses OpenAI and Microsoft of using millions of Times articles without permission to train ChatGPT. In April, Judge Stein ruled that The Times had plausibly alleged that OpenAI and Microsoft may have encouraged users to reproduce copyrighted content. The ruling rejected parts of a motion to dismiss the case and allowed several of the Times’ claims to move forward, citing multiple examples of ChatGPT generating material closely resembling Times articles.OpenAI appeals data preservation order in NYT copyright case | ReutersPresident Donald Trump’s 2026 budget proposal includes a plan to eliminate the Legal Services Corporation (LSC), an independent agency that funds civil legal aid for low-income Americans. The proposal seeks $21 million for an "orderly closeout" of the organization, which had requested $2.1 billion to meet growing demand. ...