Courts Litigation

UPS truck with driver

NY Judge Blasts UPS for 'Non-Compliance' Culture

By Andrew Denney |

In a ruling that could expose the shipper to steep penalties, a judge faulted UPS for turning a blind eye to illegal cigarette shipments until it was faced with legal action.

A large crowd rallies in front of the U.S. Capitol to denounce President Donald Trump’s travel ban order.

Web of Litigation Grows Around Trump Travel Ban


As Hawaii prepares for a hearing Wednesday, the Trump administration looks to capitalize on an early win in Virginia.

American Bar Association office in Washington, D.C. June 23, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Blind Law School Applicant Loses High Court Case, But Vows Continued Fight

By Marcia Coyle |

The U.S. Supreme Court on Monday declined to hear a legally blind man's challenge to what he claims is the discriminatory logic-games portion of the Law School Admission Test. His lawyer said the legal fight will continue.

Daniel Gallagher.

Mylan Taps Ex-SEC Commissioner as Top Lawyer

By Kristen Rasmussen |

EpiPen maker Mylan N.V. announced Tuesday that Daniel Gallagher has been appointed chief legal officer, effective April 17. Gallagher served as a commissioner of the U.S. Securities and Exchange Commission from late 2011 to late 2015. He previously held various staff roles at the agency, including as counsel to two commissioners.

Makan Delrahim listens to testimony during the confirmation hearing of judge Neil Gorsuch to replace the late Antonin Scalia at the U.S. Supreme Court.  March 20, 2017.

What to Know About Makan Delrahim, Trump's Antitrust Division Pick

By C. Ryan Barber |

Makan Delrahim, a former top lobbyist for tech and health care companies who now serves as a deputy White House counsel, is the Trump administration's pick to lead the U.S. Justice Department's Antitrust Division, a key post that would put him, and his front-office staff, in the spotlight of in-house legal departments looking to win approval for mergers and acquisitions.

DC Court Upholds $1.2B Award Against Venezuela for Seizing Gold Mine

By Cogan Schneier |

The ruling issued March 25 upholds an arbitration panel's award entered for Canadian company Crystallex.

U.S. Supreme Court building.

Supreme Court May Preserve EDTX Grip on Patent Cases

By Tony Mauro |

During arguments Monday in the closely watched TC Heartland v. Kraft Foods Group Brands, several justices seemed resistant to shaking up the status quo, which allows broad latitude in where patent cases may be filed.

U.S. Supreme Court building

Patent Lawyers, Anticipating a Shake-Up, Warily Watch SCOTUS

By Scott Graham |

The U.S. Supreme Court is being asked to reassert a previous interpretation of the rules, which limited patent suits to the districts where companies are incorporated.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Justice Gorsuch? Judge Awaits Vote as Democrats Strategize

By Marcia Coyle and Tony Mauro |

U.S. Supreme Court nominee Judge Neil Gorsuch emerged unscathed from two very long days of questioning by the Senate Judiciary Committee but his biggest hurdle may be yet to come.

<b>INVESTIGATED:</b> An inspector general report in 2006 found that Amtrak failed to take steps to limit legal costs and review work performed by outside counsel. The carrier adopted a series of reforms.

Gibson Seizes Win as Railroad Regulation Dispute Reaches End of the Line

By Cogan Schneier |

After six years of litigation and a trip to the U.S. Supreme Court, a federal judge on Thursday struck down a 2008 railway regulation.

Jon Corzine

PwC Settles Midtrial in MF Global Accounting Malpractice Case

By Mark Hamblett |

The multibillion-dollar fight between the bankruptcy administrator for MF Global and PricewaterhouseCoopers has been settled midtrial.

Sullivan & Cromwell partner Jay Clayton testifies before the Senate Committee on Banking, Housing, and Urban Affairs during his confirmation hearing to become the next Chairman of the U.S. Securities and Exchange Commission in Washington.  March 23, 2017.

Jay Clayton, SEC Chair Nominee, Grilled Over Wall Street Ties

By C. Ryan Barber |

Fending off questions about his lucrative law practice and potential conflicts of interest, Jay Clayton, the Sullivan & Cromwell partner who was nominated to lead the U.S. Securities and Exchange Commission, on Thursday defended his private sector experience as an asset and said he was "committed to showing no favoritism to anyone in this position."

Donald Trump speaking at CPAC in Washington D.C. on February 10, 2011.

Fourth Circuit Expedites Travel Ban Case, Sets May 8 Hearing

By Cogan Schneier |

The U.S. Court of Appeals for the Fourth Circuit agreed Thursday to expedite a challenge to President Donald Trump’s travel ban executive order, setting oral arguments in the case for May 8 at the court in Richmond.

ZTE Corp. Pleads Guilty to Violating Iran Trade Sanctions

By Sue Reisinger |

Chinese telecom giant ZTE Corp. pleaded guilty Wednesday to illegally shipping communications and surveillance equipment to Iran in violation of U.S. export controls, and agreed to pay record penalties that could reach $1.2 billion.


Lawyers Sound Off on First-in-a-Decade Class Action Changes

By Amanda Bronstad |

Here's what plaintiffs lawyers, public interest groups, class action critics and claim administrators have to say about proposed amendments that would crack down on serial objectors and promote modern means of communicating with class members.

R. Alexander Acosta testifies before the Senate Committee on Health, Education, Labor & Pensions during his confirmation hearing to become the next Secretary of Labor at the U.S. Department of Labor.  March 22, 2017.

Labor Secretary Nominee Acosta Says He'll Follow Trump on Fiduciary Rule

By Melanie Waddell |

R. Alexander Acosta, President Donald Trump's nominee to be secretary of the U.S. Labor Department, said Wednesday he would follow the president's Feb. 3 executive order directing the agency to review its fiduciary rule.

Regulators Seek Rare Lifetime Ban for Two Bankers

By Sue Reisinger |

The Federal Reserve Board wants to ban from banking for life two former managing directors of JPMorgan Securities in Hong Kong in connection with violations of bribery and other anti-corruption laws.

Donald Trump speaking at CPAC in Washington D.C. on February 10, 2011.

Thapar Is First to Be Tapped by Trump for Circuit Judgeship

By Cogan Schneier |

President Donald Trump announced Tuesday that he nominated his first circuit judge, tapping Judge Amul Thapar, of the U.S. District Court for the Eastern District of Kentucky, to sit on the U.S. Court of Appeals for the Sixth Circuit.

HERSHEY, PA - DECEMBER 15, 2016: President-Elect Donald Trump waves to the crowd as he arrives on stage to deliver a speech at a Thank You tour held at the Giant Center.

Trump Comments Highlight Need for a Plan When Clients Go Rogue

By Cogan Schneier |

Attorneys said there's little they can do when it comes to controlling what a client says publicly, but they still have a plan to handle the ensuing controversy.

U.S. Supreme Court building in Washington, D.C.

Gorsuch's Hearing Will Be Memorable. As So Many Others Were.

By Marcia Coyle and Tony Mauro |

What memories will Neil Gorsuch's confirmation hearing make? Time will tell. Here are highlights—and lowlights—from the 10 most recent Supreme Court confirmation hearings.

Consumer Financial Protection Bureau building in Washington, D.C.

Trump's Justice Department Abandons Defense of CFPB

By C. Ryan Barber |

The U.S. Justice Department argued Friday that the Consumer Financial Protection Bureau should be stripped of its independence, a reversal of an earlier stance that the president only had the power to remove the Obama-era agency's director for cause, not at will.

Jones Day's Munich office

VW Defends Jones Day After German Prosecutors' Raid

By Brian Baxter |

Jones Day, a firm with close ties to the current U.S. president, saw its offices in Germany raided Wednesday by local prosecutors investigating its client, Volkswagen AG, as part of a probe into an emissions software scandal at the auto giant.

National Labor Relations Board in Washington, D.C.

Dozens of Companies Await SCOTUS Ruling on Workplace Class-Action Bans

By Marcia Coyle |

Dozens of companies in retail, banking, health care and technology await the U.S. Supreme Court's answer to whether workplace arbitration agreements that ban class actions violate federal labor law.

Supreme Court nominee Judge Neil Gorsuch meets with Senator Chuck Schumer (D-NY) at the Capitol on Tuesday, February 7, 2017.

In Speech Notes, Neil Gorsuch Painted a Dark Picture of Litigation

By Tony Mauro |

New documents provided to the Senate Judiciary Committee include the notes Gorsuch prepared for a speech at the annual dove hunt hosted by Colorado billionaire Phil Anschutz.

Michael Kaufman.

Loyola Chicago Names Michael Kaufman as Dean

By Karen Sloan |

The expert in education law and securities regulation will start the job immediately.

U.S. Labor Department in Washington, D.C.

Business Groups Want Texas Court to Freeze Fiduciary Rule

By Melanie Waddell |

The U.S. Chamber of Commerce and industry groups are urging a Texas federal judge to block an Obama-era retirement advice rule pending an appeal and as federal regulators consider halting implementation of the rule for 60 days.

Neal Katyal of Hogan Lovells. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Hogan Lovells Publishes Docs Online in Hawaii’s Trump Travel Ban Challenge

By Ian Lopez |

Hogan Lovells’ Neal Katyal, counsel to Hawaii in the case, says “We want everyone to be able to read our work.”

SEC Hits Another Marijuana Company Over Alleged Sham Earnings

By C. Ryan Barber |

The nascent legalized marijuana industry has never been easy for regulators, forcing difficult decisions over how to enforce federal laws in states that have cleared cannabis for medical and—in some cases—recreational use. But the U.S. Securities and Exchange Commission has a decidedly simpler calculation: If a marijuana company misleads investors, it's as ripe an enforcement target as another firm.

U.S. District Court Judge Beth Labson Freeman, Northern District of California

Silicon Valley Judge Freeman Developing Brand Name for IP Trials

By Scott Graham |

Those who have watched U.S. District Judge Beth Labson Freeman say she is a quick study who's willing to dive into complicated subject matter.

U.S. Capitol.

Why Lit Funders Didn't Lobby to Stop Class Action Bill

By Ben Hancock |

The bill approved Thursday by the House of Representatives would mandate disclosure of third-party financing in class actions. The industry was nowhere to be seen.

Neal Katyal of Hogan Lovells.

At Hogan, Trump Travel Ban Led to Dash Against the Clock

By Cogan Schneier |

A team of lawyers led by partner Neal Katyal spent nearly 36 hours working with the Hawaii attorney general to meet a filing deadline in preparation for a hearing on Trump's travel ban.

U.S. Securities and Exchange Commission building in Washington, D.C.

Jay Clayton, SEC Chair Nominee, Pulled in $7M From Sullivan & Cromwell Last Year

By C. Ryan Barber |

Benefitting from a client roster that includes big banks, British Airways and Volkswagen AG, longtime Sullivan & Cromwell partner Jay Clayton raked in $7.6 million in the year leading up to his nomination to lead the U.S. Securities and Exchange Commission.

Matthew Moore of Latham & Watkins.

Financial Institutions Bank Another Win Over Intellectual Ventures at Federal Circuit

By Scott Graham |

The court found three patents cover ineligible subject matter and the fourth is not clearly owned.

Sherri Simpson.

Meet the Florida Lawyer Trying to Block Trump U Settlement

By Amanda Bronstad |

A Fort Lauderdale bankruptcy attorney who appeared in political ads opposing Donald Trump wants the right to opt out of the settlement deal.

Johnson & Johnson's baby powder.

J&J Wins Jury Trial, Ends String of Losses in Talc Cases

By Amanda Bronstad |

New Jersey-based Johnson & Johnson scored a defense win on Friday as a jury in Missouri found its baby powder did not cause a Tennessee woman’s ovarian cancer.

Apple headquarters at 1 Infinite Loop in Cupertino

Apple Snuffs Out NPE Patents That Almost Cost Company $533M

By Scott Graham |

The U.S. Court of Appeals for the Federal Circuit on Wednesday rejected three mobile payment patents that led an Eastern District of Texas jury to hit Apple with a $533 million verdict in 2015.

Trump Turns to Scalia to Narrow Protected US Waters

By Marcia Coyle |

Search online for the U.S. Supreme Court's 2006 decision in Rapanos v. United States and various descriptions will pop up—including "quagmire" and "first official mess of the Roberts era." The case, and the late Justice Antonin Scalia's plurality opinion in particular, is central to President Donald Trump's push to rein in one of the most consequential regulations ever issued under the Clean Water Act.

password cracking

When Lawyers Become Hackers

By Gabrielle Orum Hernández |

A look at how attorneys might find “ethical hacking” useful in the e-discovery process.

Federal Trade Commission

Judge Refuses Fee Award to State AGs in Antitrust Case

By C. Ryan Barber |

Nearly a year after striking down Staples Inc.'s proposed takeover of Office Depot, a federal judge in Washington refused Tuesday to award $175,000 in legal fees to the Pennsylvania and District of Columbia attorneys general for their role in challenging the office supply chains' $6.3 billion deal.

Call for Nominations: Washington D.C. Litigation Departments of the Year

The National Law Journal is accepting nominations for our 2017 Washington D.C. Litigation Department of the Year contest.

National Labor Relations Board in Washington, D.C.

Companies, Regulators to Face Off Over NLRB's New 'Joint-Employer' Standard

By Mike Scarcella |

A Washington appeals court next week will take up a major business dispute over the circumstances in which two companies, working together, are "joint employers" whose business ties extend federal labor-law protections to all the employees.

Brownstein Hyatt Farber Schreck and Simpson Thacher & Bartlett are fighting over space on the 11th floor of 1155 F St.

Brownstein, Looking to Grow in D.C., Sues Simpson Thacher, JAMS Over Real Estate

By Katelyn Polantz |

As it seeks extra space for its downtown Washington, D.C., office, Brownstein Hyatt Farber Schreck is suing Simpson Thacher & Bartlett, its landlord, and the arbitration company JAMS Inc., a new tenant, over a subleased part of its building at 1155 F St. NW.

Consumer Financial Protection Bureau building in Washington, D.C.

In Trump Era, Law Firms Prepare for Less Work, and Hiring, From CFPB

By C. Ryan Barber |

A confluence of events, including Donald Trump's surprise victory, has shaken not only the Consumer Financial Protection Bureau and its cadre of lawyers but also the law firm practice groups that built up around enforcement actions and investigations tied to the agency. Law firm interest in CFPB lawyers is expected to wane in the Trump administration and practice groups rooted in the agency could be forced to pivot, focusing more time on other federal and state regulators, according to more than a dozen interviews with law firm partners and recruiters.

Justice Sonia Sotomayor.

Supreme Court Limits Patent Liability for Component Makers in Global Supply Chain

By Scott Graham |

A unanimous court reversed the U.S. Court of Appeals for the Federal Circuit, ruling that shipping a single component cannot trigger a provision of the Patent Act that applies extraterritorially.

John Roberts, Jr.

John Roberts, in Border-Shooting Case, Raises Specter of Drone Killings

By Marcia Coyle |

U.S. Supreme Court arguments Tuesday over the cross-border shooting of a Mexican teenager by a federal border officer moved deeper into uncharted legal territory when Chief Justice John Roberts Jr. raised the specter of drone shootings.

Supreme Court nominee Judge Neil Gorsuch walks down the hallway inside the Russell Senate Office Building on Wednesday, February 8, 2017.

Neil Gorsuch's 'Law’s Irony' Makes High Court Appearance

By Marcia Coyle |

U.S. Supreme Court nominee Neil Gorsuch's thinking on deference to federal agencies and the ever-increasing number of federal criminal statutes could make an appearance next week in the U.S. Supreme Court. The National Association of Criminal Defense Lawyers, in an amicus brief, quoted some of Gorsuch's remarks in his speech "Law's Irony," where he questioned whether the scope of U.S. criminal statutes had stretched too far.

CFPB Barred, For Now, From Naming Company Under Investigation

By C. Ryan Barber |

Another financial-sector company is fighting to keep its name secret as it challenges the power of the Consumer Financial Protection Bureau to bring an enforcement action. The company, identified only as "John Doe" in a Washington federal trial court, offers pension advance products that allow consumers to receive a lump-sum payment in exchange for a portion, or all, of their future pension. A judge Friday temporarily blocked the consumer agency from revealing any identifying information about the company.

Supreme Court nominee Judge Neil Gorsuch, left, walks down the hallway inside the Russell Senate Office Building to meet with Senator Jeff Flake (R-AZ) on Wednesday, February 8, 2017.

Neil Gorsuch Once Decried the Ever-Increasing Number of Criminal Laws

By Sue Reisinger |

Neil Gorsuch, standing before an audience of conservative lawyers in Washington several years ago, decried the thousands of federal criminal statutes on the books. "And the spigot keeps pouring, with hundreds of new statutory crimes inked every few years," Gorsuch, now President Trump's Supreme Court nominee, said then. Gorsuch's confirmation would bring some comfort to the white-collar defense bar and business advocates.

Richard Cordray.

CFPB Wins New Chance to Defend Single-Director Power Structure

By C. Ryan Barber |

The full U.S. Court of Appeals for the D.C. Circuit will take a fresh look at a ruling that struck down the Consumer Financial Protection Bureau's structure as unconstitutional, setting the stage for a legal fight that carries significant implications for the future of the agency in the Trump administration.

Federal Judge Orinda Evans.

Judge OKs Libel Suit Against CNN Over Investigative Report

By R. Robin McDonald |

A libel case against CNN stemming from the cable network’s investigation of children’s deaths at a Florida hospital will go forward, after an Atlanta federal judge found that the hospital’s former CEO has presented enough evidence at this early stage of the case to suggest that CNN “was acting recklessly with regard to the accuracy of its reporting.”

Supreme Court nominee Judge Neil Gorsuch meets with Senator Heidi Heitkamp (D-ND) at the Hart Senate Office Building on Wednesday, February 8, 2017.

What Should the Senate #AskGorsuch?


We canvassed prominent lawyers for what questions they would like to see asked during Neil Gorsuch's confirmation hearing. Their responses touch on politics, precedent, same-sex marriage, ethics and the court’s shrinking caseload.

U.S. Patent & Trademark Office.

Berkeley Suffers 'Knockout Blow' in Gene-Editing Patent Fight With MIT

By P.J. D'Annunzio |

The U.S. Patent and Trademark Office found MIT's patents are distinct from Berkeley's before tossing the California university's interference claim.

U.S. Supreme Court nominee Judge Neil Gorsuch

What to Expect From Neil Gorsuch on IP, Patents and Trade Secrets

By Scott Graham |

Though Gorsuch's views on patents are mostly unknown, the Tenth Circuit judge has had plenty to say in other areas of intellectual property. And attorneys see signs that he might scale back some procedures created by the America Invents Act.

SEC Charges Chinese Investors Over $56M Insider-Trading Windfall

By P.J. D'Annunzio |

The U.S. Securities and Exchange Commission announced charges Friday against a Chinese investment manager and five brokerage account holders for allegedly reaping $56 million from insider trades in advance of the 2016 Comcast-DreamWorks merger.

U.S. Court of Appeals for the Federal Circuit in Washington D.C.

Judge Backs Health Insurer in $200M ACA Payment Suit

By Allison Bell |

A judge on the U.S. Court of Federal Claims on Thursday backed efforts by Moda Health Plan Inc. to collect about $200 million in Affordable Care Act risk corridors program payments from the United States. Health insurers contend

Paul Clement of Kirkland & Ellis

Appeals Court Stays Injunction in Sanofi-Amgen Patent Fight

By Scott Graham |

The U.S. Court of Appeals for the Federal Circuit hit pause Wednesday on a Delaware judge's order that would block sales of Sanofi's cholesterol drug Praluent.

Erich Andersen.

Microsoft Offers 'Umbrella' to Customers Sued Over Azure Cloud Innovations

By Scott Graham |

Microsoft Corp. has announced it will make 10,000 patents available to customers who face lawsuits over innovations that run on Azure, Microsoft's cloud computing platform, and will expand its indemnification program.

Blocking Anthem-Cigna Merger, Judge Says Internal Discord Didn't Help Deal

By C. Ryan Barber |

A federal judge in Washington on Wednesday blocked Anthem Inc.'s proposed $54 billion acquisition of Cigna Corp., handing antitrust enforcers a second win in two months against a major merger in the health insurance sector.

U.S. Labor Department headquarters in Washington, D.C.

DOL's Retirement-Savings Rule Survives Another Court Challenge

By Melanie Waddell |

A Texas federal trial judge on Wednesday upheld the Obama administration's sweeping new rules for the retirement-advice industry, rejecting a challenge from the U.S. Chamber of Commerce and other groups that said the regulations were unduly burdensome.

Donald Trump

Trump's 2-for-1 Regulatory Slashing Spurs New Lawsuit

By C. Ryan Barber |

Consumer, labor and environmental advocates on Wednesday rolled out a broad challenge to President Donald Trump's executive order directing federal agencies to cut two regulations for every new one adopted. The lawsuit in Washington federal district court alleges the order will do more harm than good, requiring the rollback of rules that have a net benefit for society in spite of their compliance costs.

U.S. Centers for Disease Control and Prevention headquarters.

CDC Quarantine Rule Imposes New Duties on Airlines

By Kristen Rasmussen |

U.S. regulators are moving ahead with a new rule that imposes new burdens on airlines and their staffs to identify and report to federal authorities passengers who are ill and subject to quarantine, a response to the Ebola outbreak in 2014.

Keir Gumbs of Covington & Burling

Google Alerts, Blogs and Deep Dives: Keeping Up with Deregulation

By C. Ryan Barber |

The early days of the Trump administration have come as a gift horse for opponents of the Dodd-Frank Act, the 2010 financial reform law the president and Congress are moving swiftly to shred. The flurry of activity has Covington & Burling's Keir Gumbs in Washington feeling more like a news reporter than a Big Law partner. Still, Gumbs and other lawyers are telling clients not to rest easy.

The Internet of Things Means a Big Dilemma for Big Law Discovery

By Ian Lopez |

While devices like Apple’s Siri and facial recognition technology used for security access may simplify and even expedite many of the tasks encompassing our daily lives, they pose considerable dilemmas, ranging from the ethical to privacy, ownership, and litigation.

Ivo Labar, right, and James Wagstaffe, left, of Kerr & Wagstaffe leave the U.S. District Court for the Northern District of California.

Former Bio-Rad GC Asks Jury for $35 Million in Damages

By David Ruiz |

In closing arguments attorney James Wagstaffe asked the jury to award his client, former Bio-Rad Laboratories Inc. general counsel Sanford Wadler, $8.29 million in past and future compensatory damages for alleged wrongful termination.

Protesters rally in front of John F. Kennedy International Airport in New York, Sunday, Jan. 29, 2017. President Donald Trump's immigration order sowed more chaos and outrage across the country Sunday, with travelers detained at airports, panicked families searching for relatives and protesters registering opposition to the sweeping measure that was blocked by several federal courts..

Why Companies From Apple to Zynga Oppose Trump’s Travel Ban

By Sue Reisinger |

Some 128 U.S. companies, led by tech giants Apple Inc., Google Inc. and Microsoft Corp., have joined a friend-of-the-court brief filed Sunday in the U.S. Court of Appeals for the Ninth Circuit saying the Trump travel ban “makes it more difficult and expensive for U.S. companies to recruit, hire, and retain some of the world’s best employees."

U.S. District Judge James Robart of the Western District of Washington

Why You Saw Seattle Judge Announce Travel Ban Ruling on Television

By Tony Mauro |

A televised hearing Feb. 3 allowed viewers to watch Seattle U.S. District Judge James Robart announce his decision to halt President Donald Trump’s immigrant travel ban.

Data Privacy Tops List of Health Care GC Worries

By Sue Reisinger |

Seventy-five percent of respondents cited data security as the issue they were most worried about in Consero Group's 2017 Survey of Healthcare General Counsel. An explosion of high-tech “has outpaced everyone's comfort level,” said Norton Healthcare general counsel Robert Azar.

Consumer Financial Protection Bureau building in Washington, D.C.

Court Won't Let CFPB Proponents Into Case to Defend Agency

By C. Ryan Barber |

A federal appeals court on Thursday refused to allow Democratic state attorneys general and other proponents of the Consumer Financial Protection Board to intervene in a case to protect the agency's independence.

President Donald Trump’s Supreme Court Nominee Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit, addressing media during a meeting with Senator Chuck Grassley (R-IA), on February 1, 2017.

Gorsuch's Criticism of Agency Deference Has Support Among Justices

By Marcia Coyle |

Judge Neil Gorsuch would find sympathetic colleagues on the U.S. Supreme Court in his dislike—shared by the business community—of the deference that courts give to how agencies interpret their statutes. Even so, the Republican-led Congress is moving to put the brakes on that decades-old legal doctrine.

Judge David Sentelle of the U.S. Court of Appeals for the District of Columbia Circuit (2013)

CFPB Faces Skeptical DC Circuit Judge in Test Over Subpoena Power

By C. Ryan Barber |

The Consumer Financial Protection Bureau's push to investigate a leading accreditor in the for-profit college industry hit a roadblock in a federal appeals court Thursday, where a judge expressed concern that the agency had taken its subpoena authority too far.

President Donald Trump’s Supreme Court Nominee Judge Neil Gorsuch of the U.S. Court of Appeals for the Tenth Circuit, addressing media during a meeting with Senator Chuck Grassley (R-IA), on February 1, 2017.

Gorsuch Is the 'Instant-Replay Official' to Roberts the Baseball Umpire

By C. Ryan Barber |

During his 2005 confirmation hearing, Chief Justice John Roberts Jr. likened his role to that of a baseball umpire. Five years later, Judge Neil Gorsuch, weighing a labor dispute, deployed a different sports analogy. He chose football. "Our job is something like the role of the instant-replay booth in football: the call on the field presumptively stands and we may overturn it only if we can fairly say that no reasonable mind could, looking at the facts again, stand by that call."

Judge Neil Gorsuch.

Gorsuch, in First Ruling, Wouldn't Cut a Break for an Undocumented Immigrant

By C. Ryan Barber |

In his first ruling as a federal appeals judge, Neil Gorsuch weighed the merits of a nearly five-year prison sentence imposed on an undocumented immigrant who'd once been deported. Gorsuch, just two months into his tenure on the U.S. Court of Appeals for the Tenth Circuit, wasn't swayed. Gorsuch's long record as a federal appeals judge will come under increasing scrutiny as the U.S. Senate weighs his nomination—announced Tuesday—to the U.S. Supreme Court.

Judge Neil Gorsuch.

Trump Chooses Neil Gorsuch, Ivy League Conservative, for Supreme Court

By Tony Mauro |

In choosing Neil Gorsuch for the U.S. Supreme Court, President Trump opted for a candidate with traditional credentials shared by most modern-day justices. A Colorado native with a degree from Harvard Law School, Gorsuch clerked for Justice Byron White and Anthony Kennedy on the Supreme Court. "In our legal order, it is for Congress and not the courts to write new laws. It is the role of judges to apply, not alter, the work of the people’s representatives," Gorsuch said at the White House.

U.S. District Judge Sue Robinson of Delaware

Federal Circuit Again Asked to Limit Relitigation of PTAB Issues

By Scott Graham |

Illumina Inc. initially lost its request to limit invalidity challenges in district court that were already considered by the U.S. Patent Trial and Appeal Board.

Thomas Hardiman, left, and Maryanne Trump Barry, right.

Trump's Sister, 'High' on Hardiman for SCOTUS, Doesn't Always Agree With Him

By Marcia Coyle and Tony Mauro |

Donald Trump's sister, federal appeals Judge Maryanne Trump Barry, might be "high" on her colleague Thomas Hardiman as a potential U.S. Supreme Court justice. But Barry and Hardiman are hardly ideological soulmates. By no means an exhaustive search, here are some highlights from cases in which Hardiman and Barry found common ground—and from those disputes where they didn't see eye to eye.

Judge Diane S. Sykes of the U.S. Court of Appeals for the Seventh Circuit.

Diane Sykes Once Questioned Pence's 'Evolving' Refugee Policy

By Marcia Coyle |

Federal appeals Judge Diane Sykes, one of President Donald Trump's potential U.S. Supreme Court nominees, had a chance a few months ago to think about Syrian refugees. The outcome of a dispute—over funding from Indiana to a private nonprofit resettlement agency—didn't turn out well for then-Gov. Mike Pence, now vice president. The three-judge panel upheld a preliminary injunction blocking Indiana's move to restrict funding.

Antonin Scalia.

Trump Sets Prime-Time Supreme Court Announcement

By Marcia Coyle |

Trying to suss out how closely President Donald Trump's potential U.S. Supreme Court nominees are to the late Justice Antonin Scalia is not, of course, an exact science. Three recent reports, however, attempt to do just that—weighing the "Scalia-ness" of the next high-court nominee. Trump said he will announce his pick Tuesday night.

Andrew Puzder.

5 Trump Administration Labor Moves You May Have Missed

By Rebekah Mintzer |

The first week of President Donald Trump's administration brought new developments in the labor and employer space, including the postponement again of DOL Secretary Puzder's confirmation hearing; temporary appointments at EEOC and the National Labor Relations Board, and a missing website for Wells Fargo employees at the Department of Labor.

Daveed Diggs, Okieriete Onaodowan, Anthony Ramos, and Lin-Manuel Miranda

SEC: Investors Duped in 'Hamilton' Ticket Ponzi Scheme

By R. Robin McDonald |

New Yorker Joseph Meli and Connecticut resident Steven Simmons raised an estimated $81 million with claims they would buy blocks of tickets to "Hamilton" and resell them at a profit, according to federal law enforcement officials.

CFPB director Richard Cordray.

Top Democrats, Advocacy Groups Join Defense of CFPB in DC Circuit

By C. Ryan Barber |

Citing the Trump administration's threat to the Consumer Financial Protection Bureau, a coalition of consumer advocacy groups and the top Democrats on the U.S. Senate and House banking committees on Thursday moved to defend the agency and its leadership. U.S. Sen. Sherrod Brown of Ohio and Rep. Maxine Waters of California, moving to intervene in a federal appeals court case, said the Trump administration cannot be counted on to defend the independence of the agency's single-director structure.

Trump International Hotel in Washington, D.C.

Suit Accuses Trump Organization of Stiffing Contractor for Work on DC Hotel

By Ross Todd |

An electrical contractor claims that it was underpaid by more than $2 million for rush work it did on the Trump International Hotel to prepare for an early opening.

Kara Farnandez Stoll.

Court of Appeals Injunction Dries Out Water Balloon Patent Fight

By Scott Graham |

The patent spat involves two competing devices that can fill multiple water balloons at a time.

Use of 'Edible' Sparks Foodie Trademark Spat

By Samantha Joseph |

Edible Arrangements is seeking damages and an injunction barring registration of a trademark belonging to Edible Commerce Consulting.

Maura Healey, left, and Eric Schneiderman, right.

Democratic State AGs Push to Protect CFPB From Trump

By C. Ryan Barber |

More than a dozen Democratic state attorneys general on Monday stepped into a fight to preserve the Consumer Financial Protection Bureau as the agency prepares for potential peril under President Donald Trump's administration.

Trump International Hotel in Washington, D.C.

Liberal Lawyers Huddle Up in Hunt for Trump Conflicts

By C. Ryan Barber and Tony Mauro |

Two days after the inauguration, liberal lawyers huddled in downtown Washington to issue a call to action to scour President Donald Trump's web of businesses for any conflicts of interest that could provide fodder for a lawsuit.

Judge John Bates of the U.S. District Court for the District of Columbia.

D.C. Judge, Citing 'Serious Concerns,' Blocks Aetna's $37B Merger With Humana

By C. Ryan Barber |

A federal judge in Washington on Monday blocked Aetna Inc.'s proposed $37 billion acquisition of Humana Inc., punctuating an era of antitrust enforcement under the Obama administration that broke up proposed mergers in a host of industries.

On Inauguration Day, Suit Alleges Police Abuses at Anti-Trump Protest

By C. Ryan Barber |

A lawyer who was providing legal support to Inauguration Day protesters in Washington sued police Friday over claims the authorities responded disproportionately with mass arrests, pepper spray and batons in response to the unrest that swept across downtown.

Uber Pays $20M to Settle Claims It Took Drivers for a Ride

By C. Ryan Barber |

Uber on Thursday agreed to pay $20 million to resolve federal allegations that the online ride-hailing service duped drivers about vehicle financing and inflated how much money they could earn at the company. Uber did not admit or deny wrongdoing in the Federal Trade Commission case.

U.S. Supreme Court building.

Nonlawyer Judges? SCOTUS Doesn't Seem to Mind

By Tony Mauro |

A judge who is in a position to throw someone in jail has to be a lawyer, right? Well no, and the U.S. Supreme Court on Tuesday allowed this anomaly of American justice to persist.

Noel J. Francisco of Jones Day

Jones Day Partner May Be Next for Trump Administration Post

By Tony Mauro |

Appellate litigator Noel Francisco is departing Jones Day amid rumors that he could soon be tapped for a role in the solicitor general's office.

Chief Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit (2014)

Garland's Back on the DC Circuit Bench as a Former SCOTUS Nominee

By C. Ryan Barber |

Nearly a year after his ill-fated Supreme Court nomination was announced, Merrick Garland returned to a Washington federal appeals bench Wednesday without any public fanfare—no ceremonial welcome back or condolences from lawyers.

Donald Trump, left, and John Roberts Jr., right.

The 'Nightmare for Conservatives' Who Will Swear In Trump

By Marcia Coyle |

"Nightmare." "Absolute disaster." "Looked like a dummy." President-elect Donald Trump has lobbed these insults and more at Chief Justice John Roberts Jr.—personal attacks about him, and positions he took in ruling on signature Obama administration cases. On Friday, Roberts will deliver the oath of office to Trump in front of an expected crowd of hundreds of thousands of spectators on the National Mall. Here's a look back at some of Trump's comments about Roberts.

U.S. District Judge Sue Robinson of Delaware

Clement, Joseffer to Battle Over Biologic Drug Injunction

By Scott Graham |

The two attorneys are representing Sanofi and Amgen in an appeal involving patents for a LDL cholesterol drug.

Harold Kim of the U.S. Chamber of Commerce's Institute for Legal Reform

Tort Reformers Target Missouri Laws That They Claim Led to Gargantuan Verdicts

By Amanda Bronstad |

Missouri is now the No. 1 target of tort reformers, who this month outlined the most ambitious effort in the country at dismantling laws they claim have led to gargantuan verdicts, including a trio of double-digit awards last year against Johnson & Johnson over its baby powder.

U.S. Supreme Court building in Washington, D.C.

Supreme Court Will Choose Forum for Water-Rule Fight

By Marcia Coyle |

The U.S. Supreme Court on Friday agreed to decide where a major challenge over an Obama administration clean-water rule should be waged—in a federal appellate court or the federal district courts. The justices agreed to hear claims from national companies, 29 states and agriculture-related groups that argued the litigation should take place in federal district courts and not in a federal appellate court.

National Labor Relations Board in Washington, D.C.

Justices Will Decide Legality of Class Action Bans in Employment Contracts

By Marcia Coyle |

An unusual confluence of petitions from employers, employees and the government successfully urged the U.S. Supreme Court to decide whether workplace arbitration agreements banning class actions violate federal labor laws. The justices agreed on Friday to take up the dispute.

U.S. Securities and Exchange Commission building

US Appeals Court Dodges Scope of Dodd-Frank Whistleblower Protection

By C. Ryan Barber |

A federal appeals court on Friday dodged a question that has divided two other circuits: Does a whistleblower need to bring a tip directly to regulators to be protected under the Dodd-Frank Act?

U.S. Capitol building in Washington, D.C.

Court Turns Down Obamacare Enrollees' Move to Join Health Care Suit

By Mike Scarcella |

A federal appeals court on Thursday refused to allow two participants in the Affordable Care Act the chance to intervene in a case to defend cost-sharing insurance provisions that U.S. House Republicans challenged as unlawful.

Supreme Court Associate Justice Antonin Scalia’s Bench Chair and the Bench in front of his seat draped in black following his death on February 13, 2016.

How a New Supreme Court Justice Could Hit the Ground Running—or Not

By Tony Mauro |

By tradition, Donald Trump's nominee wouldn't vote on cases argued before their tenure began—but that's not an ironclad rule, court experts say.

Demonstrators celebrate the court's ruling for the ACA in King v. Burwell. June 25, 2015.

Federal Court Keeps Insurance Carrier's ACA Claim Alive

By Allison Bell |

A federal judge at the U.S. Court of Federal Claims does not think she can give immediate help to an Oregon-based health insurer that's seeking more than $21 million in payments from a troubled Affordable Care Act program, but she does think she can rule on whether the program owes the insurer money.

CFPB director Richard Cordray.

'John Doe' Company Fights to Remain Anonymous in CFPB Investigation

By C. Ryan Barber |

The Consumer Financial Protection Bureau is facing a new test to the scope of the agency's power, as a "John Doe" company heads to court to block the public disclosure of its name while fighting an investigation into its core business practices.

Ninth Circuit Court of Appeals.. September 2015. Photo by Mike Scarcella/THE NATIONAL LAW JOURNAL.

Big Law Associate Takes on Supreme Court Veteran Over NCAA Race-Bias Claims

By Marcia Coyle |

A Morrison & Foerster associate who recently completed a U.S. Supreme Court clerkship will argue Wednesday against former solicitor general Seth Waxman in a major race discrimination case that involves the National Collegiate Athletic Association.

Darrell Issa

New Names Surface for PTO Director

By Scott Graham |

The list includes a former chief judge for the U.S. Court of Appeals for the Federal Circuit who once called the office a "death squad" for property rights.

Jerrold Ganzfried.

Leaving Big Law, a Holland & Knight Appellate Lawyer Flies Solo

By Marcia Coyle |

After spending the last nearly 30 years in Big Law and six years before that in the U.S. solicitor general's office, appellate lawyer Jerrold Ganzfried is going solo with little concern about the weather ahead.

Wells Fargo.

Wells Fargo Reaches $35M Racial-Bias Settlement With Advisors

By Janet Levaux |

A $35.5 million settlement between Wells Fargo & Co. and a group of African-American brokers is set to go before a Chicago federal judge on Jan. 24. The plaintiffs alleged in the complaint, filed in 2013 in the U.S. District Court for the Northern District of Illinois, that Wells Fargo "substantially" underpaid African-American financial advisors in management and executive positions.

Chief Justice John G. Roberts Jr. (2009)

The Gaps That Led Chief Justice Roberts to Miss a Stock Conflict

By Tony Mauro |

Chief Justice John Roberts Jr. realized he needed to step aside from ruling on Life Technologies v. Promega nearly a month after oral argument. Here's why conflict checks at the nation's highest court are an imperfect process.

U.S. District Judge Sue Robinson of Delaware

Judge Kicks FDA-Approved Drug Off the Market in Patent Dispute

By Scott Graham |

U.S. District Judge Sue Robinson included a 30-day stay on her order to give affected parties a change to seek an expedited review.

Paul Smith.

Jenner's Paul Smith on Leaving Big Law, and What's Next

By Marcia Coyle |

Jenner & Block's Paul Smith said he had been thinking for some time about teaching in a more serious way and writing about his more than 30 years as an appellate lawyer. That opportunity has arrived—and after the election, he said, "it felt like the right thing to do." Smith talks with the NLJ's Marcia Coyle on the decision to leave Big Law, and what's next.

Thomas Perez.

Tom Perez Touts 'Historic' Fiduciary Rule in Exit Memo

By Melanie Waddell |

U.S. Labor Secretary Thomas Perez on Thursday touted in an exit memo workplace policies put into place during his tenure, including the fiduciary and overtime pay rules—both of which are under assault—and urged the incoming Trump administration and new Congress to support other initiatives championed by the Obama administration.

U.S. Securities and Exchange Commission building

Securities Defense Bar Praises Trump SEC Pick

By Christine Simmons |

In the hours after Donald Trump tapped Sullivan & Cromwell dealmaker Jay Clayton to lead the SEC, securities litigators and others said he could usher in a new era for the agency.

U.S. District Judge James Boasberg on Wednesday included photos of a waterfall and a

SEC Should Have Gone 'Chasing Waterfalls,' D.C. Judge Says

By C. Ryan Barber |

The R&B trio TLC warned against "chasing waterfalls" in the group's hit 1990s song. The U.S. Securities and Exchange Commission, a Washington judge says, took too literally that "immortal admonition." U.S District Judge James Boasberg's ruling, in a dispute over the distribution of settlement funds, features, yes, a waterfall. He instructed the agency to go talk with the IRS before presenting the plan to the court again.

Roman Martinez of Latham & Watkins. (August 29, 2013.)

An Assistant SG Rejoins Latham After Three-Year Stint

By Marcia Coyle |

Latham & Watkins' Supreme Court and appellate practice will welcome back Roman Martinez, a former associate there who spent the last three years as an assistant to the solicitor general at the U.S. Justice Department. Martinez, a Latham associate from 2010 to 2013, rejoins as a partner in the appellate practice.

DC Circuit Now Has Two Ill-Fated Supreme Court Nominees

By Marcia Coyle |

If there is one judge who might understand Merrick Garland's disappointment, at the expiration of his U.S. Supreme Court nomination on Tuesday, it is perhaps one of his colleagues on the federal appeals bench in Washington: Senior Judge Douglas Ginsburg.

U.S. Supreme Court building in Washington, D.C.

Wachtell's George Conway a Potential Trump Pick for Solicitor General


Wachtell, Lipton, Rosen & Katz litigation partner George T. Conway III is being considered to serve as U.S. solicitor general in President-elect Donald Trump's administration, according to media reports. Conway's represented major corporate clients at Wachtell, where he's been a partner since 1994, and argued one case in the Supreme Court. On his thinking about presidential power: "In a case involving his private conduct, a president should be treated like any private citizen," Conway wrote in a 1994 op-ed challenging Bill Clinton's push to evade litigation of sexual misconduct claims. "The rule of law requires no more—and no less." Conway is married to Kellyanne Conway, who's set to become counselor to Donald Trump.