Pro Tip from FTC Privacy Enforcer: Don't Make Life Hard for Us

C. Ryan Barber | October 03, 2018

Some lawyers, FTC privacy attorney Jamie Hine says, “just don’t make life easy.” He continues: “That’s just a strategy. It’s not worth it, I have to be honest."

News

New Injunction Sought by Georgia Voters to Improve Ballot Security by Midterm Election

R. Robin McDonald | October 03, 2018

The motion for a preliminary injunction comes two weeks after the federal judge refused to issue an injunction forcing the state to junk its computer voting machines that have been in use since 2002 in favor of paper ballots.

News

Another Mistrial Declared in J&J Talcum Powder Case

Amanda Bronstad | October 03, 2018

Another jury in Los Angeles deadlocked on whether Johnson & Johnson's baby powder caused mesothelioma.

News

3 Former Kavanaugh Clerks Want Thorough FBI Investigation

Ellis Kim | October 03, 2018

Three former Brett Kavanaugh clerks, who previously backed their former boss’ nomination to the U.S. Supreme Court, told Senate Judiciary committee lawmakers Monday they’re “deeply troubled” by the accusations against Kavanaugh.

News

US Justice Dept. Warns of Age Bias ‘Loophole’ in SCOTUS Case

Erin Mulvaney | October 02, 2018

The justices were asked to resolve whether a small government agency should be exempt from age discrimination laws.

News

Tyco and 3M Ask for MDL Treatment in Dozens of Firefighting Foam Lawsuits

Amanda Bronstad | October 02, 2018

The lawsuits come on the heels of a $670.7 million settlement with DuPont and Chemours Co. last year involving an MDL over a related chemical that has been linked to cancer and hypertension in pregnant women and other illnesses.

News

Law Firm Partner, a Kavanaugh Classmate, Questions Yale Accuser's Claim

C. Ryan Barber | October 02, 2018

As Brett Kavanaugh's years at Yale have come under greater scrutiny, a Bartlit Beck lawyer in Denver and former classmate of the nominee reached out to the Senate Judiciary Committee to raise his doubts about an accuser's claims of sexual misconduct.

News

Kavanaugh May Face Recusal Dilemmas If He's Confirmed

Tony Mauro | October 02, 2018

Entities that Brett Kavanaugh has attacked. Organizations that opposed Kavanaugh’s nomination. Issues Kavanaugh has expressed opinions about. There are a host of areas that could pose recusal problems if the nominee is confirmed.

Q&A

If Confirmed, Will Kavanaugh Take the Supreme Court ‘Express Train’ to the Right?

Tony Mauro | October 02, 2018

In a conversation after the Senate hearing for Supreme Court nominee Brett Kavanaugh, Kate Shaw, a professor at Yeshiva University Benjamin N. Cardozo School of Law offered her insights with The National Law Journal about the court’s future.

Ex-Novak Druce Associate Sues Polsinelli in Standoff Over Fees

Ryan Lovelace | October 02, 2018

Dueling lawsuits in Washington and Texas pit former associate Jose Antonio Arochi against a quartet of Polsinelli partners, including former name partners at Novak Druce.

News

Kavanaugh Won't Teach at Harvard, After Students Protest

Karen Sloan | October 01, 2018

Embattled U.S. Supreme Court nominee Brett Kavanaugh told the school on Monday that he won't teach his two-week course, The Supreme Court Since 2005, in January as scheduled.

Analysis

Labor Department Filing Reveals Big Sidley Payday in Basketball Dispute

Brian Baxter | October 01, 2018

The firm received $3.43 million from the National Basketball Players Association last year after representing its former executive director in a settlement with the high-profile labor union.

News

Lawsuit Over Disclosure of Gun Owners' Personal Info Clears Hurdle

Dan M. Clark | October 01, 2018

Their complaint against Putnam County included claims that the county was violating their right to privacy afforded by the 14th Amendment and their right to armed self-defense under the Second Amendment.

News

Amid CFIUS Reforms, Wiley Rein Adds DOJ National Security Veteran

Ryan Lovelace | October 01, 2018

Richard Sofield spent the last decade overseeing the Justice Department's participation in the Committee on Foreign Investment in the United States.

Commentary

Will the Supreme Court Further Limit Access to Justice?

Arthur Bryant| October 01, 2018

Four cases now pending ask the court to immunize corporations even more.

News

Harvard Law School Rocked by Kavanaugh Turmoil

Karen Sloan | October 01, 2018

Many Harvard Law students want the school to back an investigation into U.S. Supreme Court nominee Brett Kavanaugh, who has taught there for a decade. They say the administration has been silent about their concerns.

News

Sidley Austin Snags Private Equity Rainmakers From Akin Gump

Christine Simmons | October 01, 2018

The departing Akin Gump partners, Adam Weinstein and Tony Feuerstein, have advised on deals totaling tens of billions of dollars in value over the last five years.

News

Justices Thomas and Ginsburg Now Flank Roberts on 8-Justice Bench

Marcia Coyle | October 01, 2018

Inside the courtroom, there was no sense of the confirmation drama continuing to unfold across the street as the U.S. Senate awaited an FBI report on sexual assault allegations against Supreme Court nominee Brett Kavanaugh.

Analysis

SCOTUS: Six Cases to Watch This Term

Marcia Coyle | Tony Mauro | October 01, 2018

The new term may lack the blockbusters seen in recent terms, but there's plenty to spotlight.

Change Looms at the U.S. Supreme Court

Marcia Coyle | October 01, 2018

The curtain opens today on the new term. But the full U.S. Senate has yet to vote on Justice Kennedy's would-be successor, Judge Brett Kavanaugh.

News

Cosby Loses Bid in Supreme Court to Stop California Defamation Case

Tony Mauro | October 01, 2018

The case Cosby v. Dickinson challenged a California decision that said a defamation lawsuit brought against Cosby and his onetime lawyer Martin Singer of Lavely & Singer could go forward.

News

Koh Is All In on Certification of Qualcomm Antitrust Class

Scott Graham | September 30, 2018

The California district court judge found "substantial" and "compelling evidence" for certifying a class of as many as 240 million people and organizations that bought cellphones in the U.S. over the past seven years.

News

From 'He Is Innocent' to 'She Was Authentic,' Kavanaugh Hearings Divide Attorneys

Christine Simmons | September 30, 2018

Litigators, naturally inclined to assess witness credibility, found plenty to analyze. And with televisions tuned in to the spectacle at firms across the country, one law firm leader said "billions of dollars" in billable hours were probably lost.

Update

Congressional Democrats' Emoluments Suit Against Trump Clears Standing Hurdle

Ellis Kim | September 28, 2018

The U.S. Constitution provides that Congress must give its consent before the president can accept an emolument from a foreign state, U.S. District Judge Emmet Sullivan observed.

News

Apple, Wilmer Knock Out $506 Million Patent Judgment

Scott Graham | September 28, 2018

The Federal Circuit says no reasonable jury could have found the tech giant infringed a semiconductor patent developed at the University of Wisconsin.

News

Senators to Ford: Cui Bono? Bromwich to Senate: It's Pro Bono

Ryan Lovelace | September 28, 2018

In this week's Washington Wrap: Brett Kavanaugh's accuser and her lawyers face the Senate Judiciary Committee, plus a roundup of law firm news around town.

Podcast

Beyond the Buzzwords: Getting Real About Law Firm Innovation

Leigh Jones | Vanessa Blum | September 28, 2018

Law.com senior reporter Karen Sloan talks with Michele DeStefano, author of  “Legal Upheaval: A Guide to Creativity, Collaboration, and Innovation in Law," about the ways that law firms need to evolve, and how they can get there.

News

Kavanaugh Classmate Mark Judge Willing to Cooperate With FBI, His Lawyer Says

Ellis Kim | September 28, 2018

“If the FBI or any law enforcement agency requests Mr. Judge’s cooperation, he will answer any and all questions posed to him,” said Barbara "Biz" Van Gelder, an attorney for Mark Judge, a former classmate and friend of U.S. Supreme Court nominee Brett Kavanaugh.

News

Sullivan & Cromwell Partner Apologizes for 'Rot in Hell' Tweet After Kavanaugh Hearings

Christine Simmons | September 28, 2018

Prominent M&A partner Frank Aquila deleted his Twitter account after telling White House Press Secretary Sarah Sanders she should "Rot in Hell You B!tch" for defending Sen. Lindsey Graham.

News

Key Republican Wants FBI Inquiry Into Kavanaugh Sexual Assault Claims Before Final Vote

Marcia Coyle | September 28, 2018

"This is ripping the country apart," Arizona Sen. Jeff Flake, a Republican, said Friday afternoon. "We ought to do what we can to make sure we do all due diligence with a nomination this important."

News

Kavanaugh Dismissed Polygraphs as Unreliable, but He's Said They Can Be Useful

Erin Mulvaney | September 28, 2018

“Of course those are not admissible in federal court but I'll do whatever the committee wants," the Supreme Court nominee said Thursday. A 2016 ruling he wrote in the D.C. Circuit presents a more nuanced view of how these tests are used.

October 2018 Issue

National Law Journal| September 28, 2018

October 2018

News

Read the ABA's Letter Calling for FBI Investigation of Kavanaugh

Leigh Jones | September 28, 2018

During his testimony Thursday regarding Christine Blasey Ford's allegations of sexual assault, Brett Kavanaugh repeatedly pointed to his "well qualified" endorsement by the ABA for a position on the U.S. Supreme Court.

News

Outbursts, Defiance and Deflection: The Kavanaugh Hearing, and What's Next

Marcia Coyle | Ellis Kim | September 27, 2018

The Senate Judiciary Committee's still scheduled to vote Friday on Brett Kavanaugh's nomination, and he's already hired four law clerks for the upcoming U.S. Supreme Court term.

News

Munger Tolles Brings Back Ex-Corporate Partner to Bolster DC Base

Xiumei Dong | September 27, 2018

Brett Rodda has returned to the firm to bolster its first outpost on the East Coast.

News

Latham Bulks Up Cartel Defense Group With Former DOJ Official

Scott Flaherty | September 27, 2018

Elizabeth Prewitt will bolster Latham's cross-border antitrust expertise, the firm said.

Why Civil Litigation is Misunderstood

Stephen C. Yeazell| September 27, 2018

I’ve been teaching first-year law students about civil procedure for more than 40 years. But for about half of that time I didn’t fully understand…

News

Supreme Court Takes Oracle Copyright Case, but Not the One You Think

Scott Graham | September 27, 2018

Nope, not Oracle v. Google. Instead the high court will use Rimini Street v. Oracle to resolve a circuit split over nontaxable costs in copyright cases.

News

Kavanaugh Angrily Calls Sexual Assault Claims a 'Political Hit'

Marcia Coyle | September 27, 2018

"You may defeat me in the final vote but you'll never get to me to quit," Kavanaugh said Thursday.

Commentary

Want to Avoid CFTC Enforcement Actions? Here's How.

Elizabeth Davis, Joseph Facciponti and Brian Walsh| September 27, 2018

More than $45 million in recent awards should remind businesses to proactively look within and implement effective whistleblower programs to protect themselves from potential enforcement actions.

Washington's FARA Frenzy Spurs New Legal Business

Ryan Lovelace | September 27, 2018

The FARA feeding frenzy had already been building in recent years, but it gained traction in the months since Manafort's indictment last fall.

Editor's Letter

The Curtain Opens on a New SCOTUS Term

Lisa Helem | September 27, 2018

NLJ editor in chief Lisa Helem details the contents of the October issue, starting with what to expect at SCOTUS without a key swing vote.

News

Law Professors, for the Most Part, Give Ford Testimony High Marks on Twitter

Karen Sloan | September 27, 2018

Law professors took to Twitter Thursday to critique Christine Blasey Ford's testimony and the performance of members of the Senate Judiciary Committee. Let's just say committee chairman Chuck Grassley is lucky this was an ungraded exercise.

News

Arizona Lawyer, Pinch-Hitting in Kavanaugh Hearing, Plays Prosecutor and Defense

Ellis Kim | September 27, 2018

Arizona prosecutor Rachel Mitchell’s performance has divided attorneys following along on social media, with some calling her questions standard, while others said she’s acting like a defense attorney for Republicans.

News

'Uproarious Laughter' Haunts Ford From Alleged Kavanaugh Attack

Marcia Coyle | September 27, 2018

Christine Blasey Ford testified Thursday she is "100 percent certain" Brett Kavanaugh, the Trump administration's nominee to the Supreme Court, sexually assaulted her at a house during their teenage years.

News

More Bad News for Bill Cosby: Law Firm Sues for More Than $282K in Legal Fees

Lizzy McLellan | September 27, 2018

Schnader Harrison Segal & Lewis claims Cosby began failing to pay his bills to the firm last August.

News

Federal Judge Who Dated Kavanaugh Defends Character, Dismisses Anonymous Tip

Ellis Kim | September 27, 2018

In a twist in the saga over sexual misconduct allegations against U.S. Supreme Court nominee Brett Kavanaugh, U.S. District Judge Dabney Friedrich of the District of Columbia denies an anonymous tip suggesting she was abused by the judge in the late 1990s.

News

Ruth Bader Ginsburg, Lauding #MeToo, Spurns 'Boys Will Be Boys'

Mike Scarcella | September 27, 2018

"#MeToo was also an example of women coming together in numbers. Women nowadays are not silent about bad behavior," Justice Ruth Bader Ginsburg said Wednesday in remarks at Georgetown University Law Center.

News

IP at the Supreme Court: A Quiet—but Possibly Busy—Year

Scott Graham | September 26, 2018

Teasing out the America Invents Act continues to be a focus. But don't be surprised if trademark and copyright figure prominently in the mix.

News

DLA Piper Adds Ambassador to Argentina as Special Adviser

Dan Packel | September 26, 2018

Noah Mamet has a relationship with the firm that goes back to his days as a Democratic Party operative in Washington, D.C.

Analysis

Cosby Defense Dilemma: Vowed Appeal Could Lengthen Prison Time

Lizzy McLellan | September 26, 2018

Bill Cosby's lawyers may grapple with competing strategies when it comes to limiting his sentence on the one hand, and his promised appeal on the other.

News

Read Christine Blasey Ford's Prepared Statement for Kavanaugh Hearing

Marcia Coyle | September 26, 2018

"My motivation in coming forward was to provide the facts about how Mr. Kavanaugh’s actions have damaged my life," Christine Blasey Ford said in her prepared statement in advance of Thursday's hearing over her sexual assault claims against Brett Kavanaugh.

News

All Sides Dig In as Politics Heat Up Ahead of Kavanaugh Hearing

Ellis Kim | September 26, 2018

A third accuser has come forward, a Senate Democrat has filed a long shot lawsuit to block any vote, and Kavanaugh’s attorney has hit the cable news circuit.

Analysis

This Judge in Deadlocked Talc Trial Tried Everything to Get a Verdict, Transcripts Show

Amanda Bronstad | September 26, 2018

At times against the objections of the lawyers, particularly for the defense, Los Angeles Superior Court Judge Margaret Oldendorf interviewed jurors, reiterated jury instructions, ordered more oral arguments and replaced a juror with an alternate.

News

Justice Dept., in DC Circuit, Denies 'Undue Burden' on Immigrant Girls Seeking Abortions

Marcia Coyle | September 26, 2018

An earlier ruling from Brett Kavanaugh against a pregnant immigrant teenager became a flashpoint for his views on the lawfulness of the right to an abortion.

News

Winging It No Longer, Law Firms Bring in the Diversity Professionals

Meghan Tribe | September 26, 2018

With prominent partners leaving to start their own inclusion-focused ventures, and more law firms adding chief diversity officers to their management ranks, advancing diversity is becoming serious business.

News

Feds Lose Out on Bid to Boot Orrick From Defense in Fitbit Trade Secrets Case

Ross Todd | September 26, 2018

A federal judge found that Orrick had obtained three rounds of waivers from its client's co-defendants, whom the firm had previously represented, signing off on Orrick's continued involvement in the case.

News

Suit Over Fatal Police Shooting in Mississippi Rightly Dismissed, Fifth Circuit Rules

Michael Booth | September 26, 2018

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit said it saw no reason to disturb a 2017 ruling by U.S. District Judge Sharion Aycock of the Northern District of Mississippi to dismiss on summary judgment the lawsuit, filed by the family of Antwun "Ronnie" Shumpert Sr.

News

Read the Doc: Kavanaugh’s Written Testimony Released Ahead of Hearing

Ellis Kim | September 26, 2018

Kavanaugh again denies an accusation by California professor Christine Blasey Ford that he sexually assaulted her at a party in their high school years. The two are set to testify before the Senate Judiciary Committee Thursday.

News

#MeToo Comes to Washington, Landing Lawyers in the Spotlight

Ryan Lovelace | September 26, 2018

Even before the Brett Kavanaugh crisis, a new era of sex-related scandals has been keeping D.C.-area lawyers busy, both veterans and relative newcomers alike.

News

Meet Rachel Mitchell, the Arizona Prosecutor Who Will Question Kavanaugh, Blasey Ford

Ellis Kim and C. Ryan Barber| September 26, 2018

The outside-the-Beltway veteran sex-crimes prosecutor will pinch-hit for Republican senators on Thursday.

News

Days Before Trial, Cadwalader and Redskins Owner Settle $22M Malpractice Case

Christine Simmons | September 26, 2018

The settlement avoids what would have been an extraordinarily high-profile trial for a legal malpractice suit.

News

Read the Evidence: Kavanaugh's 1982 Calendar, Ford's 4 Declarations

Mike Scarcella | September 26, 2018

Lawyers for Brett Kavanaugh and Christine Blasey Ford have submitted evidentiary documents they intend to use at Thursday's hearing—pages from Kavanaugh's 1982 summer calendar, and four declarations supporting Ford's claims that Kavanaugh sexually assaulted her at a high school party.

Q&A

Q&A: Litigator James Brochin on Swapping Firms, Backing Kavanaugh

Christine Simmons | September 25, 2018

Brochin, a friend and onetime housemate of Brett Kavanaugh, went from Paul Weiss to his own solo law firm to Steptoe & Johnson in less than a year. He said accusations against Kavanaugh are "completely inconsistent with the person I know."

News

'This Is Not a Criminal Trial,' Ford's Lawyer Tells Judiciary Republicans

Erin Mulvaney | September 25, 2018

There's a wide divide between a public hearing showcasing Ford’s claims and Kavanaugh’s denial and an investigation into sensitive matters such as sexual assault allegations.

News

As Capital Pours In, a Litigation Funding Icon Changes Its Strategy

Roy Strom | September 25, 2018

Howard Shams is readying Parabellum Capital for a day when litigation finance becomes “commoditized.”

News

Ex-Cushman & Wakefield Executive Sues Firm Over Race, Gender Claims

Erin Mulvaney | September 25, 2018

“The evidence we have points to an environment where white men are favored by their male colleagues in senior management, significantly limiting the advancement of women, and particularly women of color,” a lawyer for the former Cushman & Wakefield executive, Nicole Urquhart-Bradley, said.

News

Bill Cosby Sentenced to 3 to 10 Years in State Prison

Lizzy McLellan | September 25, 2018

Cosby, whose request for bail was rejected, was led from the courtroom in handcuffs after his sentencing Tuesday.

Commentary

Ouch, Babe. Big Law Associate Sues Ex-Fiancee Over $100K Engagement Ring

Jenna Greene | September 25, 2018

Troutman Sanders lawyer Ryan Strasser says the 4-carat diamond ring was a conditional gift that must be returned if the marriage failed to occur.

News

3 Things Kavanaugh Didn't Want to Talk About in Fox News Interview

Tony Mauro | Marcia Coyle | September 24, 2018

"I just want an opportunity, a fair process where I can defend my integrity," said Kavanaugh, responding to a question about where he thought the claims from the women were coming from.

News

Video Game Companies in Copyright Battle Royale

Scott Graham | September 24, 2018

Sidley and Quinn Emanuel square off in a high-stakes fight that could make new law on the look and feel of games.

News

Colorado Lawyer Represents Second Kavanaugh Accuser

Ellis Kim | September 24, 2018

John Clune of Hutchinson Black and Cook is representing Deborah Ramirez, Kavanaugh’s former Yale classmate.

News

Jenner & Block Practice Leader Jumps to Davis Wright Tremaine

Ryan Lovelace | September 24, 2018

Nancy Libin was the Justice Department's chief privacy and civil liberties officer during the Obama administration before chairing the data privacy and cybersecurity practice at Jenner & Block.

Brett Kavanaugh Strikes Back: 'Character Assassination Will Not Succeed'

Tony Mauro | September 24, 2018

"These are smears, pure and simple. And they debase our public discourse," Kavanaugh said in a letter Monday to the Senate Judiciary Committee. He says he has no intent to withdraw from the confirmation process.

News

Yale Law Students Protest Kavanaugh on Campus and in Washington

Karen Sloan | September 24, 2018

More than 100 Yale law students traveled to Washington Monday to meet with senators and show support for Kavanaugh accuser Christine Blasey Ford.

News

Prosecutors Seek Maximum Sentence for Bill Cosby

Lizzy McLellan | September 24, 2018

“Mr. Cosby is not dangerous," his lawyer told a Pennsylvania judge on Monday. Prosecutors said Cosby had shown "no remorse" before or after his sexual assault conviction.

Nearly 2,000 Female Lawyers Voice Support for Christine Blasey Ford

Tony Mauro | September 24, 2018

Mothers in the legal profession from Big Law and other firms, government agencies and higher ed joined en masse to support the Kavanaugh accuser.

Awaiting a Ninth Justice, Supreme Court Tinkers With Its Docket

Tony Mauro | September 24, 2018

Though the court does not explain why it reschedules or delays the consideration of pending petitions, it may be that the prospect of an eight-member court in the short or long term led the justices to shelve cases.

Infographic

Data Snapshot: Is Big Law Making Progress On Gender Diversity?

Nicholas Bruch, Director, ALM Intelligence | Ben Hancock | September 24, 2018

There may have been some change in the representation of women at major law firms over the past five years, but it has been slow going.

News

Veteran Prosecutor Michael Bromwich Joins Kavanaugh Accuser's Legal Team

Marcia Coyle | Tony Mauro | September 22, 2018

Bromwich announced his resignation from Robbins, Russell, Englert, Orseck, Untereiner & Sauber to join Christine Blasey Ford's legal team.

News

Ford Agrees to Testify on Alleged Sexual Assault by Kavanaugh

Marcia Coyle | September 22, 2018

The agreement came after an intense and short period of negotiation between Senate Judiciary Chairman Chuck Grassley and Christine Blasey Ford’s legal team.

News

Lawyer Who Claimed Clarence Thomas Groped Her Reflects on Personal Toll

Marcia Coyle | September 22, 2018

"There was a lot of talk about believing women, about the progress we’ve made, but when the stakes are high enough, we’re still willing to ignore their voices or shout them down," Moira Smith says in an op-ed.

News

Ginsburg Discusses Litigation as Driver of Policy Change in Columbia Law Panel

Andrew Denney | September 21, 2018

In the decades since U.S. Supreme Court Justice Ruth Bader Ginsburg was a litigator fighting for equal rights for women, the field of interested parties has grown on both sides of the political spectrum, which often means a larger stack of amicus briefs for the high court to sift through.

News

US Commerce Secretary Ordered to Sit for Deposition in Census Immigration Status Question Suit

Colby Hamilton | September 21, 2018

U.S. District Judge Jesse Furman ruled that Ross' "intent and credibility are directly at issue in these cases."

News

Jeff Sessions' Rules for Immigration Courts ‘Unprecedented,’ Union Head Says

Ellis Kim | September 21, 2018

Judge Ashley Tabaddor, the president of the National Association of Immigration Judges, said new rules from U.S. Attorney General Jeff Sessions compromise the integrity of the nation's immigration courts.

News

PTO Gives Iancu More Control Over PTAB Precedents

Scott Graham | September 21, 2018

The agency is aiming to create more precedential opinions while steering away from the practice of "stacking" its judicial panels.

News

Ad Makers, Online Gamblers See Dollar Signs in Kavanaugh Fight

Ryan Lovelace | September 21, 2018

In this week's Washington Wrap: Sure, the battle over Brett Kavanaugh is a bruising, divisive test of the nation's soul and its leaders' wills. But some may find a silver lining.

News

Yale Law Faculty Ask Senate to Pause Kavanaugh Confirmation

Karen Sloan | September 21, 2018

Nearly 50 faculty members want the Senate Judiciary Committee to allow time for investigators to weigh allegations that the U.S. Supreme Court nominee attempted to rape a high school acquaintance.

News

Kavanaugh Supporters Ramp Up Public Relations Push Ahead of Hearing

Erin Mulvaney | September 21, 2018

Female supporters, speaking together in Washington, deflected questions about whether they think Christine Blasey Ford's claims—if true—would disqualify Kavanaugh from serving on the U.S. Supreme Court.

News

Amid Kavanaugh Clash, Law Profs Say Appearance Has No Place in Clerkship Recruiting

Karen Sloan | September 21, 2018

If Yale Law professor Amy Chua and Jed Rubenfeld really did counsel students that U.S. Supreme Court nominee Brett Kavanaugh prefers female clerks with conventional good looks, then the professors failed in their role to look out for students' best interests, academics said.

News

9th Circuit Takes Up Class Certification Appeal in Microsoft Gender Discrimination Case

Ross Todd | September 21, 2018

The court will review a decision from June by a federal judge in Seattle who found there were no uniform policies or job descriptions that tied together the thousands of women working in technical positions at Microsoft across multiple states who were part of the proposed class.

Conservative Activist Ed Whelan Apologizes for Tweets About Kavanaugh Accuser

Mike Scarcella | September 21, 2018

Ed Whelan went on a Twitter storm Thursday to attack the credibility of Christine Blasey Ford, who accuses Brett Kavanaugh of sexually assaulting her during the 1980s. Whelan, a former Scalia clerk and Harvard law grad, apologized Friday for "an appalling and inexcusable mistake of judgment."

Commentary

Does Risk of Racial Bias Make a Death Sentence Unconstitutional?

Gerald Kogan| September 20, 2018

'Jones v. Oklahoma' presents a key chance for the U.S. Supreme Court to address racism in the criminal justice system and in application of Oklahoma’s death penalty.

News

Senate Lawyers Navigate Complexities of Kavanaugh Sexual Assault Hearing

Marcia Coyle | C. Ryan Barber | Ellis Kim | September 20, 2018

Teams of congressional lawyers are working behind the scenes on the contours of a hearing where California professor Christine Blasey Ford would confront U.S. Supreme Court nominee Brett Kavanaugh.

News

In Case of First Impression, Appeals Court Says Court, Not Arbitrator, Decides Class Arbitration

Amanda Bronstad | September 20, 2018

The panel rejected the argument of Public Counsel, which represented two plaintiffs seeking arbitration of their Miami class action against JPay, that the question was merely procedural in nature.

News

Judge in Cosby Case Will Stay Put as Sentencing Nears

Lizzy McLellan | September 20, 2018

Judge Steven T. O'Neill said Cosby's motion seeking his recusal was untimely and meritless.

News

Judge Trims 'DC Rates' in Pittsburgh Employment Case, but Lawyers Still Land More Than $2.2M in Fees

Max Mitchell | September 20, 2018

Attorneys from Washington, D.C., may not have secured all of the fees they were seeking, but they are still set to receive more than $2 million for handling a series of employment lawsuits in the U.S. District Court for the Western District of Pennsylvania.

News

ABA Guidance Details Obligations After Hurricanes, Other Disasters

Scott Flaherty | September 20, 2018

The bar association's standing committee on ethics and professional responsibility published a formal ethics opinion related to disasters such as hurricanes, tornadoes, flooding and fires, reminding lawyers of their specific ethical obligations when severe weather hits.

Commentary

Law Profs Say the Stupidest Things: A Guide to Recent Controversies

Karen Sloan | September 20, 2018

Some academic types just can't avoid controversy, whether through a misguided Halloween costume, racially charged language in the classroom, or a pattern of throwing bombs that shake up students and fellow faculty members.

News

SEC Halts $345M Ponzi-Like Scheme That Bilked Pro Athletes, Advisors

Melanie Waddell| September 20, 2018

The scheme involved consumer debt portfolios, the SEC said.