News

Possible Kavanaugh Witness Won't Testify, His Cozen O'Connor Lawyer Says

Ellis Kim | September 18, 2018

Mark Judge has hired Cozen O’Connor’s Barbara Van Gelder as some senators seek his testimony about an alleged sexual assault that involved the Supreme Court nominee decades ago.

News

After N-Bomb, Emory Law Prof's 1L Students May Choose Whether to Take His Classes

Greg Land | September 18, 2018

Emory Law Professor Paul Zwier agreed to a two-year period during which students may choose whether take his classes and to undergo sensitivity and unconscious bias counseling.

News

Class Action Filed Over Deadly Gas Explosions in Massachusetts

Amanda Bronstad | September 18, 2018

The lawsuit is the first filed after explosions in the Merrimack Valley region that forced thousands to evacuate, injured over 20 and killed one on Sept. 13.

News

Cooper & Kirk Working With Arizona AG in Google Probe

Ellis Kim | September 18, 2018

Cooper & Kirk is working with the state attorney general to investigate allegations a tech company, reported to be Google, is deceiving consumers by tracking and storing their location data.

News

Lawyers for Ex-Skadden Partner Deny He Shared Ukraine Report With US Officials

Christine Simmons | September 18, 2018

Greg Craig's lawyers say their client "never disseminated Skadden’s report" to U.S. officials, and he did not have to register as a foreign agent.

News

Experts See Few Parallels as Skadden's Ukraine Work Comes Under Fire

Christine Simmons | September 18, 2018

The controversy surrounding former partner Gregory Craig is bringing new attention to lawyers and law firms' obligations under the eight-decade-old Foreign Agents Registration Act.

Female Clerks Stand by Kavanaugh Despite Assault Allegation

Tony Mauro | September 18, 2018

“The recent allegation is flatly inconsistent with everything I know of him," one former Kavanaugh clerk, Sarah Pitlyk, says.

News

Confirmation in Turmoil, Kavanaugh and His Accuser Will Testify at Public Hearing

Marcia Coyle | September 17, 2018

The extraordinary public hearing into the claims—brought by Christine Blasey Ford, a research psychologist at Palo Alto University—is scheduled to occur Sept. 24.

Q&A

Lawyers Who Guided Anita Hill Offer Advice to Kavanaugh's Accuser

Marcia Coyle | September 17, 2018

"The brutality of the political arena is merciless," says Georgetown Law's Emma Coleman Jordan, who was on the team advising and guiding Anita Hill in 1991 when she testified against Clarence Thomas at his U.S. Supreme Court confirmation hearing. Jordan and a colleague, Susan Deller Ross, offer insight, as Congress prepares for the possibility of the airing of misconduct claims against Supreme Court nominee Brett Kavanaugh.

News

Musk Hit With Defamation Suit by British Caver He Called 'Pedo Guy' on Twitter

Ross Todd | September 17, 2018

The lawsuit marks the second time this month that Musk's tweeting has resulted in a lawsuit following earlier securities suits based on his tweets about taking Tesla private.

News

Can a Big Law Private Equity Practice Play Matchmaker?

Roy Strom | September 17, 2018

Holland & Knight is taking a page out of an investment banker’s playbook.

News

NY Suit Against OCC Could Delay Regulatory Clarity for Fintech Companies

Caroline Spiezio | September 17, 2018

But New York's Department of Financial Services Superintendent Maria Vullo again filed a lawsuit Friday in the U.S. District Court for the Southern District of New York that could further delay national regulation of fintech companies, lawyers said. DFS previously filed a suit hoping to block the OCC charter, but it was dismissed as premature last December.

News

Multistate Bar Exam Scores Sink to 34-Year Low, Pass Rates Sag

Karen Sloan | September 17, 2018

Upticks in the average MBE scores in July 2017 and 2016 had fueled hopes of a recovery in bar exam pass rates, but the latest figure indicate otherwise.

News

Kavanaugh, Amid Sexual Assault Claim, Reportedly Hires Beth Wilkinson

Ellis Kim | September 17, 2018

Beth Wilkinson has deep experience representing high-profile clients in hot water, and recently commented on her experience as a female trial lawyer.

News

Police Find Body of Berkeley Law Student Who Fell Down Oregon Waterfall

Karen Sloan | September 17, 2018

Equal Justice America, a nonprofit organization that funds fellowships for law students who work in civil legal services, has established a scholarship fund in honor of Brian Lewinstein, who had been missing and presumed dead since August 12.

News

Ex-O'Melveny Partner Bimal Patel Picked for Key Treasury Post

C. Ryan Barber | September 17, 2018

Since May 2017, Patel has served as the deputy assistant secretary of the Treasury for the Financial Stability Oversight Council. He joined the Treasury from O'Melveny's Washington office, where he headed the financial advisory and regulation practice.

News

Proskauer Partner Behind $50M Gender Bias Suit Jumps to Polsinelli

Ryan Lovelace | September 17, 2018

Less than six weeks after settling her lawsuit against Proskauer Rose, Connie Bertram is taking her labor and employment practice elsewhere.

NLRB Begins Long Slog of 'Joint Employer' Rulemaking. Here's What to Know

Erin Mulvaney | September 17, 2018

The proposal to amend the agency's joint-employer standard was expected as Chairman John Ring announced his intent weeks ago to begin rulemaking on how to define relationships between companies, franchises, contractors and others.

News

Debra Katz: Kavanaugh Accuser Is Willing to Testify About Misconduct Claims

Tony Mauro | September 17, 2018

"My client will do whatever is necessary to make sure that the Senate Judiciary Committee has the full story and the full set of allegations to allow them to make a fully informed decision," Debra Katz of Washington's Katz, Marshall & Banks said Monday.

News

Kavanaugh Accuser, Speaking Publicly, Puts New Pressure on Republicans

Marcia Coyle | September 16, 2018

A spokesman for the Senate Judiciary Committee said in a statement Sunday: "It’s disturbing that these uncorroborated allegations from more than 35 years ago, during high school, would surface on the eve of a committee vote after Democrats sat on them since July."

News

Greg Craig Repped by Bill Taylor & Zuckerman Spaeder Amid SDNY Investigation

Ellis Kim | September 15, 2018

The former of counsel at Skadden is facing a federal investigation tied to special counsel Robert Mueller’s probe into Russian interference in the U.S. elections.

Podcast

Paul Clement Is Stoked for Brett Kavanaugh and the Term Ahead

Vanessa Blum | Leigh Jones | September 14, 2018

The Kirkland & Ellis partner reflects on Brett Kavanaugh's confirmation hearings, his judicial philosophy and what to expect in the coming Supreme Court term.

News

#MeToo Whistleblower Lawyer Makes Waves in Washington

Ryan Lovelace | September 14, 2018

It’s been a busy time for Debra Katz, the D.C. attorney identified as representing the letter-writer roiling Brett Kavanaugh's confirmation this week.

Analysis

Blank Rome Case Raises Sticky Questions on Law Firm Mergers

Lizzy McLellan | September 14, 2018

When is a law firm merger not a merger? In demanding millions of dollars from Blank Rome, former Dickstein Shapiro partners may help drum up answers.

News

Without Ed Hochuli, Who Is the Most Recognizable NFL Lawyer-Referee?

Roy Strom | September 14, 2018

The buff-looking former official and Phoenix litigator retired earlier this year. In order to crown a new champion, we must go to the replay booth.

News

Berkeley Law Is Deeply Divided on 'Boalt' Name, Chemerinsky Says

Karen Sloan | September 14, 2018

The University of California, Berkeley School of Law dean discusses the movement to remove references to John Boalt from the law school, and why people on both sides feel so strongly about the issue.

Brett Kavanaugh Controversy Recalls Past Confirmation Tussles

Tony Mauro | September 14, 2018

Brett Kavanaugh on Friday "categorically and unequivocally" denied claims of sexual abuse from his high school years. Other nominees who preceded him in being nominated for the same Supreme Court seat he is expected to occupy have run into other kinds of trouble.

News

Trump Ambassador Pick Faced Sexual Harassment Claims at Former Law Firm

Christine Simmons | September 14, 2018

In seeking confirmation to serve as U.S. ambassador to Romania, Seyfarth Shaw partner Adrian Zuckerman could face questions about decade-old sexual harassment claims related to his time at Lowenstein Sandler.

News

Paul Manafort Flips on Trump as Plea Deal Unveiled

Ellis Kim and C. Ryan Barber| September 14, 2018

The cooperation agreement requires Manafort to participate in interviews, provide documents in his control, testify and agree to delays for his sentencing.

Title IX is Changing. Lawyers Have Opinions.

ALM Staff| September 14, 2018

Delving into the pros and cons, litigators and former administrators are expecting to see changes as a result of these proposals.

News

Merck Asks SCOTUS to Reject 'Unduly High Hurdles' in Federal Pre-emption Cases

Amanda Bronstad | September 13, 2018

On Thursday, Merck urged the Supreme Court to clarify its "clear evidence" holding in Wyeth v. Levine and reverse a 2017 decision that reinstated more than 500 cases over its osteoporosis drug Fosamax.

News

Bill Reshaping 9th Circuit Passes House Committee

Ellis Kim | September 13, 2018

The bill passed 16-5. Previous efforts to reshape the nation's largest circuit have failed.

News

Suit Against Mobile Home Park for Demanding Proof of Legal Residency Revived

Michael Booth | September 13, 2018

In a 2-1 ruling, the U.S. Court of Appeals for the Fourth Circuit majority said the plaintiffs made a sufficient showing that the policy had a "disparate impact" on the park's Latino population.

News

Federal Judicial Misconduct Rules Could Get a Significant Makeover

Tony Mauro | September 13, 2018

Proposed changes in the rules governing judicial misconduct and disability would expand the definition of "cognizable misconduct" that could lead to sanctions against judges.

News

Lawyers Spar Over Trump Tax Return FOIA Suit at DC Circuit

Ellis Kim | September 13, 2018

At least one D.C. Circuit judge appeared skeptical of the DOJ argument that EPIC, the advocacy group seeking Trump's tax returns, hadn’t completed its Freedom of Information Act request.

News

Jeff Sessions, Nodding to Justice Thomas, Takes New Swing at National Injunctions

Mike Scarcella | September 13, 2018

U.S. Attorney General Jeff Sessions: "This kind of judicial activism did not happen a single time in our first 175 years as a nation, but it has become common in recent years. It has happened to the Trump administration 25 times in less than two years."

Event

Learn More: Why GCs Are Coming Together to Help Women Perfect Their Pitch

Law.com Editors| September 13, 2018

Join ALM’s editors for a free call on Monday, Sept. 17 to learn more about “Perfecting Your Pitch”— a training and networking opportunity for women lawyers this fall in New York and San Francisco.

News

Federal Judge to Rule on Midterm Paper Ballots by Monday

R. Robin McDonald | September 13, 2018

U.S. District Judge Amy Totenberg said she faces “a Catch-22” in balancing disturbing testimony from cybersecurity experts that Georgia's election infrastructure is vulnerable to hackers and may already have been compromised against public officials who say that converting to paper ballots would result in a chaotic, error-prone and untrustworthy midterm election.

News

21st Century Fox GC to Return 'Home' to Williams & Connolly Following Disney Deal

Dan Clark | September 13, 2018

Gerson Zweifach will return to his old law firm once the Disney deal closes—likely in the first half of 2019.

News

Valeant, Mylan Go to War Over Katten Disqualification

Scott Graham | September 13, 2018

Valeant's attempt to disqualify a team of Katten Muchin Rosenman patent litigators led to a showdown Wednesday at the Federal Circuit.

Senators Press Kavanaugh Over Kozinski Clerkship, Loyalty, Personal Debt & More

Marcia Coyle | Tony Mauro | September 12, 2018

Brett Kavanaugh responded to more than 1,000 written questions—more than any recent Supreme Court nominee. Here are some highlights from 263 pages of records released late Wednesday.

News

RBG Laments 'Partisan Show' of SCOTUS Confirmation Hearings

Cheryl Miller | September 12, 2018

"I wish I could wave a magic wand and have it go back to the way it was," Justice Ruth Bader Ginsburg said in a conversation with California Justice Goodwin Liu, one of her former law clerks.

News

Manhattan DA Stands By Grand Jury Presentation in Harvey Weinstein Case

Andrew Denney | September 12, 2018

Prosecutors on Wednesday asked a judge to reject the movie mogul's motion to toss rape and sexual assault charges.

Update

Former Dickstein Shapiro Lawyers Sue Blank Rome Seeking $4 Million in Unreturned Capital

Ross Todd | September 12, 2018

The lawsuit, filed in California state court Wednesday, claims that Blank Rome styled its 2016 merger with Dickstein Shapiro as an “asset sale” to avoid paying out capital contributions to departed partners.

News

Jones Day Brings Back Ex-Partner in Detroit After Stint at Health Giant

Roy Strom | September 12, 2018

The Jones Day Detroit connection is alive and well following the global firm's representation of the Motor City in its 2014 bankruptcy.

News

Legal Industry Admits It Has a Substance Abuse Problem, But Recovery Won't Come Easy

Ryan Lovelace | September 12, 2018

A new ABA effort suggests more law firms at least acknowledge substance abuse and mental health problems among lawyers.

News

Abbott and AbbVie 'Low Testosterone' Cases Come to an End Via Settlement

Amanda Bronstad | September 12, 2018

After kicking off with two verdicts awarding over $140 million, the docket of more than 6,000 cases alleging "low testosterone" treatments caused heart attacks and bloodclots comes to an end in a global settlement.

News

Here's What You Need to Know About the Changing Title IX Guidelines

Max Mitchell| September 12, 2018

New rules under federal law are set to follow, after the repeal of Obama-era guidelines for dealing with sexual assault at schools.

News

Gibson Dunn's Ted Olson Registers as Foreign Agent for Saudi Arabia

C. Ryan Barber | September 12, 2018

A three-lawyer Gibson Dunn team discloses their advocacy for Saudi Arabia under the Foreign Agents Registration Act.

News

Are Schools Increasingly Acting as a Minor Judiciary, Holding Quasi-Trials?

Max Mitchell| September 12, 2018

"We're starting to see it develop, right in front of us like a sort of hurricane, where it's becoming a court system on campuses," said Stetson University professor Peter Lake, who previously served as an interim director of Title IX compliance.

News

'Kangaroo Court': Lawyers Weigh in on Betsy DeVos' Proposed Title IX Policies for Handling Sexual Misconduct on Campus

Raychel Lean | September 12, 2018

If implemented, Education Secretary Betsy DeVos' proposed changes to Title IX's campus sexual misconduct policies would reduce the liability of schools when investigating and pursuing cases against alleged perpetrators, who would be considered innocent until proven guilty.

Video

Donald Trump's Tax Returns Get Their Day in the DC Circuit

Mike Scarcella | September 12, 2018

Well, not the returns themselves. Because Trump hasn't released them. But there is a public-records case, set for argument Thursday in the D.C. Circuit, that seeks to force the IRS to disclose the records.

Analysis

There's Been a Rise in Securities Lawsuits Over Cryptocurrencies, and SEC Cases Are Behind It

Amanda Bronstad | September 11, 2018

A Lex Machina report found that securities lawsuits filed over cryptocurrencies or bitcoin have tripled so far this year as SEC chairman Jay Clayton announced a crackdown on that industry.

Commentary

Settlement Should Never Be the Only Option

Jonathan Rauchway and James Henderson| September 11, 2018

When confronted with a significant lawsuit, every company, no matter the size or industry, must make a careful assessment of the risks involved in taking the case to trial.

Diversity Efforts Are Basically Worthless

Vivia Chen | September 11, 2018

That's one of the news flashes from the study by the American Bar Association’s commission on women and the Minority Corporate Counsel Association.

News

Ninth Circuit Deals Blow to Koch Brothers’ Nonprofit

Ellis Kim | September 11, 2018

A conservative nonprofit organization must hand over the names of its top contributors to the California attorney general, a federal appeals court ruled Tuesday in a legal blow for the group’s founders, brothers Charles and David Koch.

News

Cosby Seeks Judge's Recusal, Citing Conflict With Former DA

Lizzy McLellan | September 11, 2018

Bill Cosby wants the judge overseeing his case to recuse because of an alleged personal conflict dating back almost 20 years.

Does 'Googleyness' Disfavor Older Workers? Google Says No

Erin Mulvaney | September 11, 2018

Google is fighting an age-bias case that provides a peek into the hiring practices of the company, where candidates are evaluated on, among other things, their "Googleyness."

News

Trump Defeats 'Incitement' Claims for Campaign Rally Speech

Tony Mauro | September 11, 2018

"Trump’s speech enjoys First Amendment protection, because he did not specifically advocate imminent lawless action," the U.S. Court of Appeals for the Sixth Circuit said Tuesday.

Feds Should Be 'Banging the Drum the Loudest' for Cannabis Industry Banking

C. Ryan Barber | September 11, 2018

John Vardaman, a former DOJ lawyer and now general counsel to the electronic payments company Hypur, argues banking would provide visibility to the nascent multibillion-dollar industry.

News

IVC Filter Trials Forging Ahead, With 3rd Bard Case Starting Next Tuesday

Amanda Bronstad | September 10, 2018

So far, there's no clear victor in trials aimed at resolving 9,000 cases over the medical devices.

Chart

Midlevel Associates in DC Report Less Work Satisfaction Than Peers in Other US Cities

Ben Hancock | September 10, 2018

Washington DC associates are also less likelier than post peers to report that they'll be at the same firm in the next two years, according to ALM Intelligence's 2018 Midlevel Associate Survey.

News

Harvard, MIT Win Appeal in Battle Over Gene Editing Patents

Scott Graham | September 10, 2018

The court upheld that their CRISPR invention, applying the technology to human and animal cells, is patentably distinct from UC's earlier discovery in single-cell organisms.

News

IRS Agent Can't Dodge Invasion of Privacy Claim After Watching Suspect's Wife Use Bathroom

Ross Todd | September 10, 2018

The Ninth Circuit found that IRS agent Jean Noll wasn't entitled to qualified immunity after she followed the wife of a suspect to the restroom and refused to leave while serving a warrant in 2006 during a criminal tax fraud and conspiracy investigation.

News

Former FTC Commissioner, Obama Admin. Adviser Lands at Covington

Ryan Lovelace | September 10, 2018

The firm's newest partner, Terrell McSweeny, is one of the last Obama-era FTC commissioners to leave her post at the agency.

Judge Admonishes Defense, Prosecutors in Case Against Russia Agent

C. Ryan Barber | September 10, 2018

A Washington federal trial judge Monday issued a gag order in the conspiracy case against Maria Butina, saying the defense had "overstepped." But prosecutors didn't escape scrutiny, either.

News

Wachtell Summer Associate's Cause of Death Remains Unclear

Meghan Tribe | September 10, 2018

Leon Cain, a student at Stanford Law School, was found unresponsive in the early morning hours of Aug. 19 in Washington, D.C.

Mandatory Bar Dues Face New Questions After Justices Curtail Union Fees

Marcia Coyle | September 10, 2018

Two Oregon lawyers, citing the high court's "Janus" decision, are asking a federal judge to prohibit the collection of compulsory fees. SCOTUS itself has a case set for the Sept. 24 conference that tees up a bar-dues challenge.

News

Baker Botts Hires Texas Solicitor General, Moves SCOTUS Practice to DC

Brenda Sapino Jeffreys | September 10, 2018

Baker Botts has hired former Texas Solicitor General Scott Keller, who during his tenure argued 11 appeals before the U.S. Supreme Court.

News

Federal Circuit Continues Crackdown on Real Parties at the PTO

Scott Graham | September 10, 2018

For the second time this summer, the appellate court has told the Patent Trial and Appeal Board to reconsider whether business partners or third parties are helping litigants skirt the statute of limitations.

Liberal Law Prof. Akhil Amar: If Not Brett Kavanaugh, Then Who?

Ellis Kim | September 10, 2018

Amar: “If you torpedo Kavanaugh, you’ll likely end up with someone worse—less brilliant, less constitutionally knowledgeable, less studious, less open-minded, less good for America.”

MLB Hits Up Hogan Lovells for Drone Lobbying

C. Ryan Barber | September 10, 2018

“MLB is working with lawmakers and policymakers to develop new policies, procedures and approaches that continue to ensure fan safety,” MLB top in-house lobbyist says.

News

How Lawyers Would Advise the Anonymous NYT Op-Ed Writer (and the White House)

Erin Mulvaney | September 10, 2018

The Trump administration's hunt for the identity of the anonymous NYT op-ed writer raises a host of workplace issues. Should the person lie if he or she is confronted? Are there whistleblower protections?

News

Third Circuit Upholds Life Sentences in Cyberstalking That Ended in Target's Death

Tom McParland | September 07, 2018

A federal appeals court on Friday upheld the convictions of David Matusiewicz and his sister Amy Gonzalez, who were sentenced to life in prison in the nation's first prosecution of cyberstalking resulting in death.

News

Parkland Survivor 'Very Concerned' Kavanaugh 'Would Strike Down Any Assault Weapons Ban'

Ellis Kim | September 07, 2018

The survivor said in Friday's confirmation hearings that "our lives are just as important as any American’s freedom to own a gun.”

News

John Dean, Watergate Whistleblower, Predicts Kavanaugh Will Strengthen Presidential Power

Marcia Coyle | September 07, 2018

Not all the reaction to Dean was friendly. Republican Sen. John Kennedy of Louisiana told Dean, "You did the right thing. I believe you only did it when you were cornered like a rat. It's hard for me to take your testimony seriously."

News

Ex-Trump Campaign Adviser George Papadopoulos Gets 14-Day Jail Term

C. Ryan Barber | September 07, 2018

George Papadopoulos is the first former Trump official to be sentenced to jail for a prosecution arising from Robert Mueller's investigation. "Serving in the United States with pride is all I ever wanted to do," Papadopoulos said in court Friday.

News

Liberal Law Prof. Akhil Amar: If Not Brett Kavanaugh, Then Who?

Ellis Kim | September 07, 2018

The Yale law professor reminded Democrats, who control neither the Senate nor White House, that Trump’s next U.S. Supreme Court pick could be a worse pick than Kavanaugh.

News

Old Problem of Legal Industry Bias Requires New Tools, Study Says

Meghan Tribe | September 07, 2018

Law firms and in-house legal departments are barely moving the needle when it comes to combating gender and racial discrimination, a new report said. But researchers said even implicit bias can be countered.

News

Washington Wrap: Gladiators on the Hill; Covington Moves; Fairfax Gets Busy

Ryan Lovelace | September 07, 2018

In this week's Washington Wrap: Bill Burck and Stefan Passantino weigh in on the Senate drama over Brett Kavanaugh records, plus other D.C. legal news and notes.

Lawyer in Immigrant's Abortion Case Says Kavanaugh Imposed 'Unjustifiable' Hurdle

Marcia Coyle | September 07, 2018

"There were so many barriers placed in front of Jane; the additional hurdle Judge Kavanaugh placed in front of her was unjustifiable," lawyer Rochelle Garza testified Friday.

Fewer Legal Jobs for Second Consecutive Month as US Economy Continues Growth Streak

Scott Flaherty | September 07, 2018

The U.S. government's jobs report for August showed a decline in legal services employment for the second straight month.

News

Big Law Steps Up to Praise Kavanaugh as Confirmation Hearing Winds Down

Tony Mauro | September 07, 2018

The testimony of lawyers who are not necessarily affiliated with advocacy groups has become common in confirmation hearings before the Senate Judiciary Committee.

News

A Lesson in Document Review, Spurred by Sen. Harris’ Comments at Kavanaugh’s Confirmation Hearing

Mark Bauer | Rhys Dipshan | September 07, 2018

Document review experts discuss the process of reviewing a large number of documents, such as the some 42,000 pages of documents dumped the day before the Brett Kavanaugh confirmation hearing began.

News

Stressing Inclusion, Indian Supreme Court Decriminalizes Gay Sex

John Kang | Anna Zhang | September 07, 2018

In a landmark win for LGBT rights in India, a five-judge bench unanimously struck down a colonial-era law that punished gay sex with up to life in prison.

Kavanaugh, Unlike Gorsuch, Stays Mum on Trump's Attacks on Federal Judges

Tony Mauro | September 06, 2018

“I've maintained I'm not going to get within three ZIP codes of a political controversy here,” Kavanaugh said. He would add: “The way we stand up is by deciding cases and controversies independently without fear or favor."

News

Amid Tough Questioning of Kavanaugh, a Peace Offering in the Form of a Book

Tony Mauro | September 06, 2018

“I went home, read the whole thing, and I appreciate it,” Kavanaugh said about the book Sen. Dick Durbin suggested he read.

News

Age-Discrimination Ruling Could Spark 'Extensive' Litigation, Appeals Court Is Warned

Erin Mulvaney | September 06, 2018

The U.S. Court of Appeals for the Seventh Circuit, sitting en banc, is weighing the scope of the federal Age Discrimination in Employment Act. Courts are divided over whether protections reach beyond employees to job applicants.

News

With Move to MoFo, Virginia Lt. Gov. Latest Elected Official to Stay in Private Practice

Scott Flaherty | September 06, 2018

Justin Fairfax continues a tradition of "moonlighting" Virginia lieutenant governors, and joins other politicians who have managed to keep their legal practices alive even while holding public office.

Commentary

The US Supreme Court Isn't as Polarized as You Think

Sheldon Goldman| September 06, 2018

A more nuanced view of the totality of the court’s work is necessary, especially when assessing a term where there were indeed polarizing rulings.

CFPB Suffers Another Appeals Court Loss Over Investigative Authority

C. Ryan Barber | September 06, 2018

"Providing and using public records are not violations of federal law, and the CFPB fails to explain how these activities violate federal consumer law,” the Fifth Circuit said Thursday.

News

Read the Documents: Kavanaugh Emails on Racial Profiling and Affirmative Action

Ellis Kim | September 06, 2018

U.S. Sen. Cory Booker said in a press release that the exchanges showed Kavanaugh’s “concerning views on racial profiling and affirmative action.”

News

Unlike Other Nominees, Kavanaugh Hesitates About Cameras in Supreme Court

Tony Mauro | September 06, 2018

“I know nominees who've sat in this chair in the past have expressed the desire for cameras in the courtroom, only to get to the Supreme Court and really change their positions fairly rapidly,” Kavanaugh testified.

Pressed on Kasowitz, Kavanaugh Denies 'Inappropriate' Contacts on Mueller Probe

Marcia Coyle | September 06, 2018

Sen. Kamala Harris grilled the nominee over any conversations with lawyers at Kasowitz Benson Torres about the Mueller investigation. Kavanaugh testified Thursday: "I don't recall any conversations of that kind with anyone at that law firm," Kavanaugh told Hatch.

US Justice Department Opens New Front Against EEOC

Erin Mulvaney | September 06, 2018

The U.S. Justice Department told the Fifth Circuit that the department disagrees with a part of the guidance from the EEOC that confronts employer consideration of the criminal histories of job applicants. The clash is the latest between the agencies.

News

Cy Pres SCOTUS Case Draws Amicus Attention From US Chamber, DOJ, AGs in 31 States

Amanda Bronstad | September 05, 2018

Amicus briefs from all side are flowing in, in advance of an Oct. 31 U.S. Supreme Court argument weighing administration of cy pres funds in class settlements.

News

Court Requires FDA to Issue Graphic Warning Labels for Cigarette Packages

Ian Lopez | September 05, 2018

The District Court for the District of Massachusetts is requiring the FDA to develop a timeline for issuing labels after years of having “unlawfully delayed” or “unreasonably withheld” adherence to a 2011 law requiring it.

Inside the Kavanaugh Hearing Room, Legal Luminaries and Protests Grab Attention

Ellis Kim | September 05, 2018

The nominee continued to avoid acknowledging most of the protests on Wednesday, looking ahead to directly address the senators.

News

Ex-White House Officials Passantino, Priebus Reunite at Michael Best

Ryan Lovelace | September 05, 2018

Stefan Passantino called joining Milwaukee-based Michael Best & Friedrich a "no-brainer." Could Newt Gingrich, another Dentons alum, be next?

Kavanaugh Touts 'Team of Nine.' Justice Holmes Saw It Differently: 'Nine Scorpions in a Bottle'

Tony Mauro | September 05, 2018

More than any phrase, Brett Kavanaugh repeatedly has said he aspires to be a member on the "team of nine" at the U.S. Supreme Court. But the history of the court, and its current divisions, may make this goal something of a pipe dream.