News

Greenberg IP Team Decamps for Goodwin Procter

Scott Graham | June 18, 2018

The moves boost Goodwin's ITC practice, and come a few weeks after Greenberg hired a new leader to head its ITC group.

News

14 Years Later, Progress Is Elusive for Supreme Court on Partisan Redistricting

Marcia Coyle | June 18, 2018

Justice Elena Kagan offered a path forward on resolving disputes over partisan redistricting, but Chief Justice John Roberts Jr. took a narrow road—calling his colleague's concurring opinion "speculative" and "advisory."

News

Delaware Class Action Folded into Facebook, Cambridge Analytica MDL

Tom McParland | June 18, 2018

A federal judicial panel on Monday added a Delaware class action against Facebook Inc. and Cambridge Analytica to multidistrict litigation in a California federal court.

News

Korean University Backed by Irell Wins $400 Million From Samsung

Scott Graham | June 18, 2018

A team led by partner Jason Sheasby accused the electronics giant of scoffing at a superstar inventor, then profiting from his semiconductor breakthrough.

News

US Justice Dept. Returns to SCOTUS to Challenge Another National Injunction

Marcia Coyle | June 18, 2018

The U.S. Department of Justice wants the Supreme Court to restrict the injunction in a sanctuary cities case to Chicago. Last week, DOJ lawyers told the Seventh Circuit it would turn to the high court if the appeals court did not rule to limit the breadth of the injunction.

News

Government Ethics Office Says Executive Nominees Must Disclose Crypto Holdings

Ross Todd | June 18, 2018

In a legal advisory letter released Monday, the U.S. Office of Government Ethics clarified that virtual currency is “property held ... for investment or the production of income” and therefore must be disclosed by executive branch employees under the Ethics in Government Act.

News

Justices Add Key Cases on Apple’s Antitrust Woes, Asset Forfeiture and Securities Fraud

Tony Mauro | June 18, 2018

U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.

News

Lines Are Drawn in New Appeals Court Case Confronting LGBT Workplace Rights

Erin Mulvaney | June 18, 2018

Major U.S. companies including Microsoft Corp., Airbnb Inc., eBay Inc., and Viacom Inc. are backing the worker. Meanwhile, conservative states lined up against liberal-leaning states, and the U.S. Equal Employment Opportunity Commission threw its support to the employee, Mark Horton, whose dispute is playing out in the U.S. Court of Appeals for the Eighth Circuit.

News

Justices Skirt Conclusive Ruling on Partisan Gerrymandering

Marcia Coyle | June 18, 2018

Chief Justice John Roberts Jr. said about the Wisconsin redistricting case: "It is a case about group political interests, not individual legal rights. But this court is not responsible for vindicating generalized partisan preferences. The court’s constitutionally prescribed role is to vindicate the individual rights of the people appearing before it."

News

Labaton Sucharow Wants State Street Judge Recused After He Hinted at 'Public Corruption'

Amanda Bronstad | June 15, 2018

Labaton Sucharow has moved for a federal judge reviewing its billing records to recuse himself from a securities class action settlement, citing a “serious conflict” raised by statements from the judge, which the firm said implied that the New York law firm was engaged in public corruption.

News

Theranos CEO Elizabeth Holmes Indicted in Alleged Wire Fraud Scheme

Ross Todd | June 15, 2018

The indictment alleges a multimillion-dollar scheme to defraud investors, doctors and patients.

News

DC Law Firms Watch and Wait as Associate Raises Spread

Ryan Lovelace | June 15, 2018

In this week's Washington Wrap: It's about the money.

Profile

At Last: Convict-Turned-Skadden Fellow Set to Join Washington Bar

Scott Flaherty | June 15, 2018

A former nurse who went to law school after a 20-month prison term on drug offenses, Tarra Simmons has finally reached the last step on her path from inmate to practicing lawyer. On Saturday, she'll be sworn in to the Washington State Bar.

News

Chief Justice Roberts Speaks Favorably About Judiciary's New Law Clerk Plan

Marcia Coyle | June 15, 2018

Chief Justice John Roberts Jr. joins Justices Ruth Bader Ginsburg, Elena Kagan, Stephen Breyer and Sonia Sotomayor in supporting the latest effort to bring order and more experienced student applicants to the clerk hiring process.

News

'Dancing Doctor' Sues Medical Board Over License Suspension

Greg Land | June 15, 2018

Dr. Windell Davis-Boute became an internet sensation after YouTube videos of the doctor dancing, rapping and kneading the flesh of anesthetized patients went viral.

News

Mueller's Team, in Court, Defends Case Against Russian Company

C. Ryan Barber | June 15, 2018

The government's defense of the charges came at a hearing as the sides quarrel about the scope of discovery and the extent to which lawyers for a charged Russian entity must restrict access to information they learn from the special counsel's office.

News

Bill Cosby Turns to Pa. Lawyer Who Defended Sex Crimes, Child Porn Cases

Lizzy McLellan | June 15, 2018

Among his past cases, West Chester attorney Joseph P. Green represented a former Debevoise associate who was convicted of child sexual abuse.

News

Judge Orders Paul Manafort to Jail in Wake of Witness Tampering Claims

Ellis Kim | June 15, 2018

U.S. District Judge Amy Berman Jackson of the District of Columbia told Manafort that he “abused the trust placed in you six months ago.”

Analysis

3 Takeaways From SEC CorpFin Director's Big Crypto Speech

Ben Hancock | June 14, 2018

SEC Division of Corporate Finance Director William Hinman's remarks at the Yahoo Finance All Markets Summit offered some of the clearance indication to date of how the regulator analyzes initial coin offerings.

News

Justice Dept., Threatening Supreme Court Action, Imposes Deadline in Sanctuary Cities Case

Marcia Coyle | June 14, 2018

The U.S. Justice Department told the Seventh Circuit that it would ask the U.S. Supreme Court to stay a nationwide injunction if the appeals court doesn't rule by June 18. The appeals court, responding to Main Justice, refused to budge. The court said it was awaiting the Supreme Court's decision in Trump v. Hawaii, which raises issues about the propriety of nationwide injunctions.

Analysis

Supreme Court Justices Continue to Shed Stock Holdings, New Disclosures Show

Tony Mauro | Marcia Coyle | June 14, 2018

Chief Justice John Roberts Jr. and Justices Samuel Alito Jr. and Stephen Breyer each reported selling stock holdings, according to the latest financial disclosure forms, released Thursday. Other stock sales reported in the forms also help explain justices' recusal behavior in cases before the Supreme Court.

News

Antitrust Vet Richard Parker Leaves O'Melveny for Gibson Dunn

Ryan Lovelace | June 14, 2018

The move comes days after the antitrust group at O'Melveny scored a mammoth M&A win for AT&T.

News

Federal Appeals Court Rejects Insurers' Claims for Millions in ACA Payments

Kristen Rasmussen | June 14, 2018

In an opinion likely to have far-reaching implications for similar pending litigation, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit on Thursday ruled that the federal government does not owe Moda Health Plan Inc. nor Land of Lincoln Mutual Health Insurance Co. about $200 million and about $76 million, respectively, under the ACA risk corridors program.

News

New Bill Would Protect Law Licenses of Student Loan Defaulters

Karen Sloan | June 14, 2018

A bipartisan effort would prohibit states from revoking professional licenses from people who default on their federal student loans, which would help protect lawyers struggling with education debt.

Rare Alliance Between Class Action Plaintiffs, US Chamber Prevails at Supreme Court

Tony Mauro | June 14, 2018

The U.S. Supreme Court's ruling Thursday was a boost to class action plaintiffs in dispute over vitamin C. Foreign law deserves "respectful consideration," Justice Ruth Bader Ginsburg wrote, but it doesn't decide this class action.

Analysis

John Roberts, Hypotheticals & More: 4 Takeaways From Minnesota Voter-Apparel Ruling

Marcia Coyle | June 14, 2018

U.S. Supreme Court Chief Justice John Roberts Jr., leading the court in striking down Minnesota's ban on political apparel in the voting booth, showed again he is the justice steering the court through challenges under the First Amendment and making these rulings a crucial part of his legacy.

News

Alex Kozinski Pays Tribute to Late Colleague Stephen Reinhardt

Tony Mauro| June 14, 2018

From his essay, posted to the Concurring Opinions blog, it appears retired judge Alex Kozinski and Stephen Reinhardt kept up their friendship of more than three decades until Reinhardt died.

News

PTAB Chief Accusing Former Employer of Sexual Orientation, Disability Bias

Scott Graham | June 13, 2018

Chief Judge David Ruschke alleges he was laid off from Medtronic's in-house department for pretextual reasons in 2015.

News

State AGs Lose Ground in Emissions Cases Against Volkswagen

Amanda Bronstad | June 13, 2018

Volkswagen has scored a critical court victory in its battle against several state attorneys general who are still pursuing billions of dollars over its emissions scandal.

News

Steptoe & Johnson Lawyer Moves In-House as Vote.org's First GC

Caroline Spiezio | June 13, 2018

Steptoe & Johnson litigator Sarah Jackel has come aboard to help the online voter registration nonprofit navigate state laws to help citizens sign up to vote digitally.

News

Watching ‘Making a Murderer’ at the US Supreme Court

Tony Mauro | June 13, 2018

"This is an unbelievably important case,” says Wilmer Hale's Seth Waxman, who wrote the petition on Brendan Dassey’s behalf. The petition had been on the justices' Thursday conference list but was later rescheduled.

News

On Stage at Cravath: 'Fast Times at Ruth Bader Ginsburg High'

Meghan Tribe | June 13, 2018

In its annual musical production for CLE credit, the New York American Inn of Court is tackling the life and work of U.S. Supreme Court Justice Ruth Bader Ginsburg.

CSX, Hauled to Court Over Physical Abilities Tests, Settles Claims for $3.2M

Erin Mulvaney | June 13, 2018

The EEOC alleged the freight rail company's physical abilities tests discriminated against female applicants for various posts. The company did not admit liability.

News

McCabe’s FOIA Lawsuit a Likely Precursor of More Litigation

Ellis Kim | June 13, 2018

An attorney for the former FBI deputy director had pledged to file a lawsuit after McCabe was fired nearly a day before retiring.

News

Senate Committee Questions Judiciary's Anti-Harassment Efforts After Kozinski Scandal

Ross Todd | June 13, 2018

"The judicial branch has a problem," said Sen. Charles Grassley at the beginning of Wednesday's Senate judiciary hearing. "They have to deal with it or Congress will have to do it for the courts."

News

George Mason's Todd Zywicki Emerges as a Leading Pick for CFPB Director

C. Ryan Barber | June 13, 2018

The Trump administration is nearing a crucial deadline with the CFPB nomination. The acting director, Mick Mulvaney, can stay until June 22, or longer if the White House has formally announced a nominee. The White House is reportedly considering several potential nominees.

Update

McDermott to Drop Michael Cohen as Client: Sources

Ryan Lovelace | Colby Hamilton | June 13, 2018

Cohen may soon be fighting multiple legal challenges without his high-powered lawyers from McDermott, Will & Emery at his side.

News

AT&T Judge Richard Leon Wasn't Mocking Trump! Exclamation Points Are His Mark!

Ellis Kim | June 13, 2018

Anyone who's ever had occasion to read a ruling from U.S. District Judge Richard Leon has probably run into an exclamation point somewhere along the line.

News

UnitedLex and LeClairRyan Announce Innovative New Law Venture

Miriam Rozen | June 13, 2018

LeClairRyan has become the first law firm to sign on to what UnitedLex Corp. hopes will be a pioneering alliance between Big Law and New Law. The company's CEO expects that law firms could see their profits per partner rise up to 15 percent a year if they join the newly formed ULX Partners.

News

READ THE DECISION: Judge OKs AT&T-Time Warner's $85B Merger

Ellis Kim | June 12, 2018

Read U.S. District Judge Richard Leon's decision here.

News

Meet Orrick's Brian Moran, Trump's Pick for Seattle US Attorney

Cheryl Miller| June 12, 2018

Moran's publicly filed financial disclosure, released Tuesday, reveals counsel income and a top-name client list of household U.S. companies.

News

Gorsuch, Embracing Originalism, Mustered No Support in Solo Dissent

Marcia Coyle | June 12, 2018

"The contracts clause categorically prohibits states from passing 'any ... law impairing the obligation of contracts,'" Justice Neil Gorsuch wrote in a solo dissent in the case Sveen v. Melin. The framers, Gorsuch said, "were absolute. They took the view that treating existing contracts as 'inviolable' would benefit society by ensuring that all persons could count on the ability to enforce promises lawfully made to them."

News

Seasoned Women Lawyers Gaining Leverage in Salary Talks

Miriam Rozen | June 12, 2018

“It’s a perfect storm in a good way,” said Kent Zimmermann, a principal at legal consulting firm the Zeughauser Group, about the current landscape for female lawyers seeking pay raises.

News

Squire Patton Boggs Resolves China Intellectual Property Disputes Over Its Name

Anna Zhang | June 12, 2018

Four years after a company commandeered official use of the firm's name in China, the U.S. firm said it is now in full ownership of all trademarks and domain names in the country.

3 Takeaways From Once-Secret Justice Department Memos on Foreign-Agent Lobbying

C. Ryan Barber | June 12, 2018

“In general, I would say this is not quite the Rosetta Stone for interpreting DOJ’s position on FARA that some might have hoped for,” says Covington & Burling's Robert Kelner, an election and political law expert. “The opinions cover a lot of ground but they do it in some cases at a fairly high level of generality."

News

Two Munger Tolles Associates Are Heading to SCOTUS for Clerkships

Tony Mauro | June 12, 2018

Celia Choy and Dahlia Mignouna, both Yale Law School graduates, will continue in their practice in the firm's 12-lawyer Washington, D.C., office until they head to the court in the summer of 2019 to clerk for Justice Stephen Breyer. More than half of the lawyers in Munger's office here are women, and a third are racial or ethnic minorities.

News

These Companies and Trade Groups Spent Millions Lobbying on Net Neutrality

MP McQueen | June 11, 2018

As the Federal Communications Commission considered repealing net neutrality under new FCC chairman Ajit Pai last year, telecom and tech companies, internet service providers and consumer and open-internet advocacy groups poured millions of dollars into lobbying the commission and members of Congress, spending that continued into the first quarter of 2018. Here are some law firms that benefited.

News

Cravath Sets New High in Associate Salary Race

Meghan Tribe | June 11, 2018

The new associate salary scale set by Milbank, Tweed, Hadley & McCloy last week has been surpassed by Cravath, Swaine & Moore. The firm has agreed to pay $5,000 and $10,000 more for its midlevel and senior associates.

News

Nothing 'Sinister' in Forced Arbitration, Proskauer Lawyer Tells EEOC Task Force

Erin Mulvaney | June 11, 2018

“Bad facts make bad law,” Proskauer Rose partner Kathleen McKenna told an EEOC task force studying sexual harassment in the workplace. “A rise in voices suggests arbitration and resolution with nondisclosure agreements are acts of secrecy with sinister connotations. Respectfully, these conclusions, generally, are incorrect.”

News

Mississippi Judge Calls Out Judiciary's 'Well Documented' Lack of Diversity

Ellis Kim | June 11, 2018

U.S. District Judge Carlton Reeves’ order said the federal judiciary’s failure to reflect the public it serves is well documented.

Unanimous US Supreme Court Bars 'Stacked' Class Actions

Marcia Coyle | June 11, 2018

“We hold that American Pipe does not permit a plaintiff who waits out the statute of limitations to piggyback on an earlier, timely filed class action,” Ginsburg wrote for the court Monday in "China Agritech v. Resh." The U.S. Chamber of Commerce, the Washington Legal Foundation and others supported China Agritech in amicus briefs.

News

Supreme Court Likes Minnesota's Life Beneficiary Designation Law

Allison Bell | June 11, 2018

The justices ruled 8-1 that Minnesota's law has only a minimal impact on insurance contracts.

Two Surprise Supreme Court Orders Show Why Recusals Matter

Tony Mauro | June 11, 2018

Two U.S. Supreme Court orders on Monday—one involving Justice Anthony Kennedy and the other Chief Justice John Roberts Jr.—show why recusals matter.

Conversation

Government Lawyers Can't Agree on Limit of ITC Jurisdiction

Scott Graham | June 11, 2018

The DOJ told the Federal Circuit on Friday that the ITC must butt out of import disputes involving the Food, Drug and Cosmetic Act. An ITC lawyer tried to strike a compromise.

News

Judge in Reality Winner Leak Prosecution Warns Lawyers to Not Talk About the Case

R. Robin McDonald | June 11, 2018

Less than 24 hours after a billboard supporting Reality Winner debuted in Augusta, U.S. District Chief Judge Randal Hall issued an order warning lawyers for both sides that he will hold them in contempt if they speak publicly about the case.

News

Not Just Corporate: Law Firms Too Are Struggling With GDPR Compliance

Rhys Dipshan | June 11, 2018

A survey by Wolters Kluwer found that less than half of law firms are fully prepared to meet the GDPR’s requirements.

Q&A

Ben Crump Champions the Wrongfully Convicted in New TV Show

Angela Morris| June 11, 2018

The civil rights lawyer is know nationally for representing families of unarmed black people killed by police, like Michael Brown and Stephon Clark. In his newest role, he's the host of “Evidence of Innocence."

News

In a First, ABA Yanks Accreditation from Struggling Law School

Karen Sloan | June 11, 2018

The school in Phoenix has failed to remedy issues with its admission practices and its education program, the ABA has determined.

Best Practices

How to Execute a Legal Project

Lean Adviser Legal| June 11, 2018

Establish what's critical, and then focus on that, applying the appropriate resources to every necessary task.

Justices, Sharply Divided, Say Ohio's Voter Registration Purges Are Lawful

Marcia Coyle | Tony Mauro | June 11, 2018

"The dissents have a policy disagreement, not just with Ohio, but with Congress. But this case presents a question of statutory interpretation, not a question of policy," Justice Samuel Alito Jr. wrote for the 5-4 majority. In dissent, Justice Sonia Sotomayor wrote: "Communities that are disproportionately affected by unnecessarily harsh registration laws should not tolerate efforts to marginalize their influence in the political process."

Slideshow

10 Cities with Legal Tech Scenes to Watch

Ian Lopez | June 11, 2018

Who said there's only one hub of innovation? These international cities are spawning their own legal technology scenes.

News

New Study Finds Most Law Firms Mum on Mandatory Arbitration for Summer Associates

Meghan Tribe | June 11, 2018

At least five notable firms will require their 2019 summer associate classes to agree to mandatory arbitration provisions, according to a new survey released Monday by students from the nation's top law schools. Nearly half of firms surveyed remained silent about whether they would ask their young talent to assent to such obligations.

News

7th Circuit Strips Jones Day's $307K Legal-Fee Award in EEOC Case

Erin Mulvaney | June 08, 2018

"The EEOC’s theory was not that fruitless. Precedent may not have favored it, but the fee statute does not punish a civil rights litigant for pursuing a novel, even if ambitious, theory," Seventh Circuit Chief Justice Diane Wood wrote Friday. Jones Day's Eric Dreiband was chief counsel for CVS in the litigation.

News

Greenberg Traurig Lands IP Partner From Fried Frank

Dan Packel | June 08, 2018

IP litigator Scott Doyle will head the firm's International Trade Commission practice. For the last three years, he was at the helm of Fried Frank's IP litigation practice.

News

Harriet Miers' Nonprofit Client Hit With Discovery Abuse Sanctions

Miriam Rozen | June 08, 2018

The Locke Lord partner and former U.S. Supreme Court nominee is caught up in a dispute involving a Christian charity based in Texas.

News

Sotomayor Says She's Optimistic About New Law Clerk Hiring Plan

Erin Mulvaney | June 08, 2018

Sotomayor, speaking at the American Constitution Society's national convention in Washington, said she will pay attention to those law schools and judges who follow the hiring plan and will “react accordingly to those who do not.” She is the latest justice to offer support for a law clerk hiring plan that was announced this year.

News

Senior EPA Attorney Resigns, Named GC of Oklahoma Workers' Comp Commission

Dan Clark | June 08, 2018

Sarah Greenwalt, the top attorney for EPA Administrator Scott Pruitt, has announced that she's returning to Oklahoma state government.

News

UPDATE: Mueller Hits Paul Manafort With Obstruction Charge: Read the Document

Ellis Kim | June 08, 2018

The special counsel has added obstruction of justice to the list of charges the former Trump campaign chairman faces.

News

Sally Yates Kicks Off ACS Convention: 'This Is Not a Time To Be Passive'

Ryan Lovelace | June 08, 2018

In this week's Washington Wrap: The American Constitution Society revs up the base, Big Law partners on the move, and the LSC gets a new director.

Meet the Justice Department Team That Won't Defend the Affordable Care Act

Mike Scarcella | Tony Mauro | June 08, 2018

Three career U.S. Justice Department lawyers withdrew their names on a brief the government filed in Texas abandoning the defense of the Affordable Care Act. So who are the DOJ lawyers pressing the government's claims? Meet the legal team.

News

Attorney Must Pay $103,000 After Flinging Hot Pasta During Restaurant Fight

Robert Storace | June 08, 2018

A jury found against former New Jersey attorney James Sweeney, accused of throwing hot pasta and sauce on a woman, who claimed she then fell and hit her head.

Q&A

Marijuana Lawyering in Massachusetts: Perspective From Foley Hoag's Kevin Conroy

Cheryl Miller | June 07, 2018

"Despite the delays [in] licensing, we are still the first state on the East Coast that will be dispensing adult-use product and our regulatory structure is comprehensive," said Kevin Conroy, co-chair of Foley Hoag's marijuana group.

News

Lead Plaintiff in State Street Overbilling Probe Hires Own Counsel but Stays in Case

Amanda Bronstad | June 07, 2018

The executive director over an Arkansas pension fund has retained outside counsel but insisted he could continue to serve as lead plaintiff in settlements…

News

Federal Circuit Will Decide Appeals of Partial PTAB Decisions

Scott Graham | June 07, 2018

The Federal Circuit found that Supreme Court's SAS Institute decision is not an obstacle to it taking up IPRs that the PTAB only partially ruled on—at least if neither party objects.

Investors Sue Private Cryptocurrency Over $17M Initial Offering

Charles Toutant | June 07, 2018

Although the developers depicted the Latium initial coin offering as a sale of "utility-based tokens," it was subject to the Securities Act of 1933 because investors were promised that the tokens would be worth more than the price they paid, according to the suit.

News

Ripple Labs Hit With New California Class Action Claiming Its XRP Tokens Are Securities

Ross Todd | June 07, 2018

The suit, brought under the California Corporations Code on behalf of a proposed class of California purchasers, seems designed to avoid the fate of a previously filed suit against Ripple which was removed to federal court this week.

News

Norton Rose Fulbright Rebuilds Cybersecurity Group With New Practice Leaders

Miriam Rozen | June 07, 2018

Five months after watching the leaders of its cybersecurity and data protection team decamp for Cooley, Norton Rose Fulbright has raided two other Am Law 100 firms to restock its privacy practice.

Mick Mulvaney’s CFPB Drops Case Against Mortgage Lender PHH Corp.

C. Ryan Barber | June 07, 2018

The dismissal comes fives months after a Washington federal appeals court upheld the CFPB’s power structure as constitutional but tossed the penalty against New Jersey-based PHH, sending the case back to the bureau for further action.

News

DOJ Civil Chief, 3 Former SCOTUS Clerks Among Latest Trump Court Picks

Ellis Kim | June 07, 2018

The president's 15th round of judicial nominations also included a slate of Big Law lawyers.

CVS, Best Buy End Job-Applicant Personality Tests Amid EEOC Probe

Erin Mulvaney | June 07, 2018

The use of personality tests ballooned over the last decade, as companies tried to find efficient ways to hire workers by using algorithms to predict how a worker will perform.

News

Judge Grapples With Democrats' Standing in Trump Emolument Lawsuit

Ellis Kim | June 07, 2018

The lawmakers claim President Donald Trump, who as president has not divested from his business empire, has denied members of Congress their individual rights to vote on each emolument.

Commentary

As SCOTUS Abandons Workers, States, Cities Must Fill Void

Joanna Pearl| June 07, 2018

Now more than ever, states and cities must play a role in fighting for the rights of workers and ensuring the most vulnerable populations have access to those protections.

News

Lawyers in Stormy Daniels Case Battle Over Attorney-Client Privilege

Ryan Lovelace | June 07, 2018

A former lawyer for the porn actress, Keith Davidson, claims Michael Avenatti "can't use attorney-client privilege as a sword and shield.” Avenatti says it's Davidson who doesn't understand the law.

Analysis

The Rise of the 'Crypto Czar,' the Fall of a 'Blockchain Evangelist'

DEBORAH MESHULAM, BENJAMIN KLEIN AND RICHARD KELLEY| June 07, 2018

The cryptocurrency enforcement landscape continues to evolve with several important developments this past week, including the appointment of a “Crypto…

Alito, Gorsuch Rulings This Term Worked Against DOJ in Latest Sanctuary City Fight

Marcia Coyle | June 07, 2018

Three U.S. Supreme Court decisions—two about immigration and the other about gambling, written by Justice Samuel Alito Jr.—were significant in U.S. District Judge Michael Baylson's ruling this week against the Justice Department.

News

US to Lift Export Ban on China's ZTE, Embed 'Compliance Coordinators'

Sue Reisinger | June 07, 2018

The U.S. Department of Commerce is cracking down on ZTE in some unprecedented ways.

News

Defending For-Profit Law School Suits, ABA Pushes for Multidistrict Litigation

Karen Sloan | June 07, 2018

Moving the three lawsuits filed last month by InfiLaw Corp. and its schools into MDL would prevent inconsistent rulings pertaining to law school accreditation, the American Bar Association asserts.

Should Your Firm Match Milbank?

Hugh A. Simons| June 07, 2018

A cold-hearted look at market data and dynamics suggests firms would do well to approach the incipient round of salary increases extremely thoughtfully

Breaking Streak, SCOTUS Appoints Advocate Outside Ranks of Former Clerks

Tony Mauro | June 07, 2018

The court recently announced that Atlanta solo Amy Weil was “invited to brief and argue” as amicus curiae in favor of an appeals court decision that neither side supports anymore.

Live Coverage

J&J 'Rigged Tests' on Whether Baby Powder Was Laced With Asbestos, Lanier Tells Jury

Amanda Bronstad | June 06, 2018

Johnson & Johnson “rigged the tests” to avoid conceding that its baby powder contained asbestos, causing 22 women to get ovarian cancer, plaintiffs lawyer Mark Lanier told a St. Louis jury in opening statements on Wednesday in the most high-volume talcum powder trial to date.

News

Cisco Urges Federal Circuit to Double Down on 'Oracle v. Google'

Scott Graham | June 06, 2018

During Wednesday's appellate showdown with rival Arista Networks, the networking giant repeatedly invoked the court's controversial copyrightability case.

11th Circuit Erases FTC Ruling That Ordered ‘Sweeping’ Data Security Program

C. Ryan Barber | June 06, 2018

"The cease and desist order contains no prohibitions. It does not instruct LabMD to stop committing a specific act or practice. Rather, it commands LabMD to overhaul and replace its data-security program to meet an indeterminable standard of reasonableness. This command is unenforceable,” the appeals court said.

News

In Sheppard Mullin Fee Case, California Justices Question Undisclosed Conflict

Ross Todd | June 06, 2018

Justice Ming Chin asked "when you find out that you’re representing two parties in a litigation … isn’t there a duty to give notice rather than hiding it under all this complexity?"

News

Federal Panel Says Ga. Injunction Not Warranted Despite Racial Gerrymandering Evidence

R. Robin McDonald | June 06, 2018

The panel verbally brawled in concurring opinions over the credibility of state witnesses.

Commentary

How Cannabis Banking Is a Matter of Public Safety

Seth A. Goldberg| June 06, 2018

The rescission of the Cole Priorities has stifled that progress. Consequently, the risks to public safety of a multibillion-dollar cash industry and opaque maneuvers to transfer cannabis are omnipresent in the cannabis industry.

Call for Nominations: Winning Litigators 2018

Pearl Wu| June 06, 2018

The National Law Journal is seeking nominations for its annual special section "Winning Litigators"

News

Federal Judge Sides With Philadelphia in 'Sanctuary City' Funding Battle

P.J. D'Annunzio | June 06, 2018

The U.S. government cannot withhold funding from Philadelphia based on the city's immigration policies, a federal judge ruled in a decision that rebuked the hard-line stance of President Donald Trump's administration as "unconstitutional."

News

Third Circuit Nominee Downplays Political Past in Hearing

Ellis Kim | June 06, 2018

Nominee David Porter also declined to directly answer whether Brown v. Board of Education was “correctly decided.”

News

Bruising Primary Drives Wedge Between UC Irvine Law Prof Candidates

Karen Sloan | June 06, 2018

Katie Porter and David Min, both law professors at the University of California, Irvine, entered the race for a congressional seat within days of each other, but the heated campaign created fissures in their relationship.

Commentary

It’s Time to Stop Executing People With Severe Mental Illness

John D. Bessler| June 06, 2018

The law has long been clear: people with severe mental illnesses should not face execution.