News

Full US Appeals Court Will Look at Scope of Federal Age-Discrimination Law

Erin Mulvaney | June 22, 2018

The U.S. Court of Appeals for the Seventh Circuit, sitting en banc, will take up Dale Kleber’s case against CareFusion Corp. The longtime attorney sued the company after he wasn’t hired for a senior counsel position that included a seven-year experience cap.

News

Kagan Gives UVA Prof Shoutout for Provoking 'Good and Hard Thinking'

Marcia Coyle | June 22, 2018

“As I hope readers of today’s decision will agree when they read all the opinions in this case, including a concurrence and a dissent, Professor Bamzai provoked some good and hard thinking on all sides,” Justice Elena Kagan said Friday.

News

Arbitration Agreements Don't Get Rubber Stamp, Even After 'Epic Systems'

Erin Mulvaney | June 22, 2018

“There is a bit of a push, pull that you will continue to see,” says Michael Phillips of McGuireWoods. “The Supreme Court is knocking down obstacles and other judges are not as enthusiastic from a policy point of view. That dynamic won’t end anytime soon.”

Analysis

In Wake of SCOTUS 'Carpenter' Decision, Koh Looks Prescient on Cell Tower Data

Ross Todd | June 22, 2018

In a case over government access to historical cell tower location data, Koh issued a July 2015 decision raising the bar for law enforcement agencies asking to collect the type of cell-tower data routinely used to track criminal suspects’ whereabouts.

News

California Ballot Initiative May Bring GDPR Stateside

Gabrielle Orum Hernández | June 22, 2018

A new proposed ballot initiative wants to bring a strict data privacy law to California, but some of California’s largest tech companies are against it.

Podcast

'Every Case Is a Possibility': Winston's Abbe Lowell on a Career Defending Powerful Clients

Vanessa Blum | Leigh Jones | June 22, 2018

"In litigation and trials, a lawyer’s job is really to quiet the noise, to uncover the core of what the facts are, and to make sure the jury doesn’t get sidetracked by things which aren’t really the case."

News

Justices, in Nod to Privacy, Restrict Police Power to Obtain Mobile Phone Data

Tony Mauro | Marcia Coyle | June 22, 2018

The 5-4 decision in Carpenter v. United States marks a win for privacy interests in the ongoing tug-of-war over data privacy in the digital age. Chief Justice John Roberts Jr. wrote the majority opinion.

News

US Justice Dept. Resists Broad 'Special Prosecutor' in Arpaio's Contempt Appeal

Mike Scarcella | June 22, 2018

"The separation-of-powers concern would be particularly severe if the special prosecutor were able to challenge the validity of the pardon itself," Justice Department lawyers said in their court filing in the Ninth Circuit. The government is backing Arpaio's bid to vacate his criminal contempt conviction.

News

From the Bench to the Hot Seat: A Look at 6 Judges Who Faced Legal Trouble

Raychel Lean | June 21, 2018

When the federal grand jury Wednesday indicted West Virginia Supreme Court of Appeals Justice Allen Loughry, the judge became the latest jurist to find himself facing criminal or ethics charges.

Commentary

Return Immigrant Kids to Their Parents: Their Health Depends on It

Yael Cannon| June 21, 2018

As a law professor who collaborates with doctors through a growing movement of medical-legal partnerships to help people living in poverty, I have seen firsthand how laws and policies can impact the life trajectory of a child.

News

NY Federal Judge Strikes at CFPB in Case Targeting Lit Funder to 9/11 and NFL Concussion Claimants

Colby Hamilton | June 21, 2018

In a partial win for the defendants in the case, U.S. District Senior Judge Loretta Preska pulled from the dissents in a recent en banc ruling by the D.C. Circuit to find the consumer watchdog organization was unconstitutionally constructed.

News

Lawyer in Kansas AG Race Defends Candidacy After Wonder Woman Controversy

Ryan Lovelace | June 21, 2018

Sarah Swain said she's still running to be the state's attorney general after her poster of Wonder Woman lassoing a police officer helped cost her the support of her party.

News

Dropbox Hits Back at Synchronoss in Cloud Storage Patent Brawl

Ross Todd | June 21, 2018

Dropbox's three-patent offensive comes in the wake of Synchronoss' own three-year-old three-patent suit, which is pending in Oakland federal court.

News

Reality Winner Reaches Plea Deal With Government Over Leaked Document

R. Robin McDonald | June 21, 2018

The mother of U.S. Air Force veteran Reality Winner says her daughter intends to enter a guilty plea next week after more than a year in jail without bond.

News

A Kennedy Concurrence Fuels Speculation on Chevron’s Future—And His

Tony Mauro | June 21, 2018

Justice Anthony Kennedy sharply criticized the Chevron doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court.

News

Dallas Law Firm Registers the Nation's 10 Millionth Patent at the USPTO

John Council | June 21, 2018

For some perspective, Raytheon’s patent comes 228 years after the country’s first patent was issued on July 31, 1790, to Samuel Hopkins for a process for making potash, an ingredient used in fertilizer.

In a Contest of Dictionaries, Justices Decide Meaning of 'Money'

Marcia Coyle | June 21, 2018

“Stock isn’t money; stock is stock,” intoned Justice Neil Gorsuch in his summary from the bench of his majority opinion in Wisconsin Central v. United States.

News

READ: Justice Department Goes to Court on Family Separation Crisis

Ellis Kim | June 21, 2018

President Donald Trump issued an executive order Wednesday in an effort to stem the continued public outcry over the separation of families at the United States’ southwest border. The order directs Attorney General Jeff Sessions to “promptly” ask the U.S. District Court for the Central District of California to modify the 1997 settlement agreement.

News

5th Circuit Issues Order to Kill DOL Fiduciary Rule

Melanie Waddell| June 21, 2018

U.S. District Court for the 5th Circuit cited groups’ objections on “multiple grounds” to Labor’s fiduciary rule.

News

SEC's Jay Clayton Raises Fresh Concern About SCOTUS Ruling on Disgorgement

C. Ryan Barber | June 21, 2018

“I think the SEC should be in the business of getting money back for investors who are subject to that kind of fraud—a Ponzi scheme and whatnot. A possible way to do that is to give us restitution authority in those circumstances,” Clayton told members of a U.S. House committee on Thursday.

News

Data Shows Female Lawyers Are Moving Up Faster in #MeToo Era

Miriam Rozen | June 21, 2018

Statistics show that since allegations against disgraced film producer Harvey Weinstein surfaced last year and subsequently launched the #MeToo movement, women have ascended into Big Law's partnership ranks at a faster pace than before.

Supreme Court's Internet Sales Tax Ruling Is Billion-Dollar Boon for States

Tony Mauro | Marcia Coyle | June 21, 2018

The U.S. Supreme Court says states are allowed to collect sales taxes from online retailers that don’t have a have a physical presence in their borders. By a 5-4 vote in the case South Dakota v. Wayfair, the majority overturned the court's 1992 decision in Quill v. North Dakota, which had affirmed the “physical presence” test for state sales-and-use tax collections.

US Supreme Court Says SEC In-House Judges Are More Than 'Mere Employees'

Tony Mauro | June 21, 2018

But the court does not address DOJ's request about the power of the president to fire officers of the United States. "No court has addressed that question, and we ordinarily await 'thorough lower court opinions to guide our analysis of the merits,'" Justice Kagan wrote.

Analysis

What Happens When a Cryptocurrency Becomes a Security? Major Disruption

Rhys Dipshan | June 21, 2018

A class action lawsuit alleging that Ripple Lab’s XRP Cryptocurrency violates securities laws poses existential and potentially far reaching effects for a still-evolving market.

News

Meet Dolly Gee, the Judge Who Will Consider DOJ's Request on Family Detentions

Ellis Kim | June 20, 2018

All eyes are on Judge Dolly Maizie Gee, the Los Angeles-based federal judge who will consider the Justice Department’s request to modify the Flores consent decree.

News

Southern Poverty Law Center Pays $3.4M to Resolve Defamation Case

Scott Flaherty | June 20, 2018

Notching a win for Kirkland & Ellis expatriates now at litigation boutique Clare Locke, a well-known civil rights group also agreed to apologize for a report that listed a Muslim activist as an anti-Islamic extremist.

News

Federal Circuit Zeros Out Coke Zero Trademark Win

R. Robin McDonald | June 20, 2018

The Federal Circuit gave new impetus to a long-running battle between Atlanta's The Coca-Cola Co. and rival Royal Crown Cola/Dr. Pepper Snapple over the use of the word Zero in no-calorie sports and soft drinks.

FTC's Limited Data-Privacy Power Makes Chair Joe Simons 'Nervous'

C. Ryan Barber | June 20, 2018

So, what's the agency planning on that front? Self-reflection at the FTC, and other highlights from the agency's new leader.

News

Judge Appoints Special Master in Flint Water Contamination Case

Amanda Bronstad | June 20, 2018

A federal judge in Michigan has refused to remove lead attorneys in the Flint water contamination case but plans to bring in a special master to review their fees and expenses.

Commentary

National Variations Further Fragment GDPR

Jan Dhont and Lauren Cuyvers| June 20, 2018

As long as the legal landscape is unfolding, supervisory authorities will hold off from the kinds of “true” enforcement action possible only under settled legal frameworks.

News

Merck CEO Ken Frazier Stresses Need for 'Moral Leadership,' Decries 'Hyperpartisanship'

Max Mitchell | June 20, 2018

The former Drinker Biddle & Reath attorney said he received numerous "off-the-record" calls from prominent business leaders and politicians expressing support when he resigned from President Donald Trump's business advisory council.

News

This Reed Smith Partner Knows All About Yodeling, Especially for Young Stars

Miriam Rozen | June 20, 2018

News of an emerging talent “spreads like wildfire” these days, said the leader of Reed Smith's entertainment practice, who is advising an 11-year-old yodeler, the music industry's latest sensation.

Expert Opinion

Yes, Counselor, You’ll Retire Someday. Avoid These Financial Pitfalls Now.

Justin Peacock| June 20, 2018

As a lawyer, you like to think about what’s next. You spend your career climbing the ladder from first-year associate to income partner to equity partner. But have you spent enough time thinking about life after the law?

'In Chambers' Supreme Court Opinions Get Rare Nod in Gerrymandering Ruling

Tony Mauro | June 20, 2018

The court's website lists only three chambers opinions since 2014. "You used to get six, eight, 10 a term at one point," said Ira Matetsky, a partner at Ganfer & Shore in New York and an aficionado of the court's "in chambers" opinions.

News

Here's How Litigators are Pushing Back Against Trump's Border Policy

Jenna Greene | June 20, 2018

As everyone from the U.S. Chamber of Commerce to the ACLU recoils at the separation of migrant children from their parents, the legal community is eager to fight.

News

DC Circuit Sides With Pharma Company in Battle With FTC Over GC's Documents

Katheryn Tucker | June 19, 2018

Judge Brett Kavanaugh took a dispute that involved more than 10,000 documents and dispatched it in a simple seven page order affirming the U.S. District Court for the District of Columbia in holding that a company does not have to surrender certain requested files to the Federal Trade Commission.

Commentary

Why This GC of a $25B Company Has Migrated Work Away From the Largest, Most Elite Firms

Bill Deckelman| June 19, 2018

DXC Technology general counsel Bill Deckelman reacts to the GC Thought Leaders Experiment findings on performance of the largest, most pedigreed firms and what he has found from moving work away from those firms.

News

How a Fee Inquiry Led to Hints of Public Corruption That Have Labaton Fighting

Amanda Bronstad | June 19, 2018

What began as a judge's inquiry into a $75 million attorney fee has morphed into hints of public corruption, with one of the top securities plaintiffs firms in the nation on the defensive.

Why the Treasury Department's Top Lawyer Sold Off His Bitcoin Holdings

C. Ryan Barber | June 19, 2018

Brent McIntosh, a former Sullivan & Cromwell partner who was confirmed as Treasury's general counsel in August, reported two sales of Bitcoin in December, according to records on file at the U.S. Office of Government Ethics.

News

Judge Appoints Leadership in Intel Security Flaw Cases

Amanda Bronstad | June 19, 2018

A federal judge in Oregon has appointed 11 lawyers to lead more than 40 class actions brought over alleged security flaws in Intel Corp.’s microprocessor chips.

News

Sorry, Securities Lawyers, There Won't Be a SCOTUS Ruling on These Fraud Claims

Marcia Coyle | June 19, 2018

The justices, who had granted review in March 2017, dismissed Leidos v. Indiana Public Retirement System on Monday after the parties notified the court they had agreed to settle their dispute. The case attracted widespread amicus attention, including a brief from the U.S. Department of Justice.

News

White-Collar Duo With Fantasy Sports Ties Leaves Dentons for Arent Fox

Roy Strom | June 19, 2018

A former leader of Dentons' U.S. white-collar practice also brings to Arent Fox a bustling business in advising fantasy sports companies, one that could become more lucrative after a recent U.S. Supreme Court ruling.

News

Canadian Producer Claims Disney/Pixar's 'Inside Out' Ripped Off His Student Film

Ross Todd | June 19, 2018

Damon Pourshian, the Toronto-based creative director of the production company Deviate, has sued Pixar and Disney, claiming that their 2015 hit animated feature "Inside Out" infringed his copyrighted 2000 student film of the same name.

News

Raytheon Is Owner of Landmark 10 Millionth Patent From USPTO

Dan Clark | June 19, 2018

Tanuja Garde, the vice president for intellectual property and licensing at Raytheon, said the landmark patent has both defense and commercial purposes.

News

In a First, Yale and Stanford Law Journals Team Up for #MeToo Project

Karen Sloan | June 19, 2018

The two schools fast-tracked a joint symposium in a bid to help activists, lawmakers and scholars better understand the multifaceted nature of sexual harassment.

News

USC Brings In Top-Tier Legal Team to Handle Gynecologist Scandal

Jenna Greene| June 19, 2018

Facing at least 20 lawsuits alleging sexual abuse, the University of Southern California and its board of directors have retained lawyers from Quinn Emanuel Urquhart & Sullivan.

News

State AGs, ex-U.S. Attorneys to Sessions: Stop Separating Families at the Border

Ellis Kim | June 19, 2018

Two letters, one signed by state attorneys general and one from former U.S. attorneys, urged the Trump administration to pull back from its policy Tuesday.

News

4 Things Government Buyers Want In Their E-Discovery Tech

Gabrielle Orum Hernández | June 19, 2018

A set of recent government agency e-discovery contracts reveals a couple of key lessons about what government groups are looking for in an e-discovery match.

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.

Proskauer Adds SEC Vet to Corporate Practice in DC

Ryan Lovelace | June 18, 2018

New partner Karen Garnett was most recently associate director of the SEC's corporation finance division.

Critics Blast Kraninger as Unqualified for CFPB Job

David Baumann| June 18, 2018

Credit union and banking trade groups are more supportive on the possiblity of Trump's choice.

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.