Mammoth litigation over a pillar of the Obama administration’s climate-change policy goes before the full U.S. Court of Appeals for the D.C. Circuit today. And depending on your point of view, the so-called Clean Power Plan is either a “blunderbuss” and “power grab,” or a classic “exercise in cooperative federalism.”
A Securities and Exchange Commission accountant said Thursday that he does not expect regulators to issue guidance specifying when a relationship crosses the line and compromises the review of a company’s books.
More than a dozen objectors have urged a federal judge to reject Volkswagen’s $14.7 billion emissions settlement next month—most of them criticizing a potential $324 million in fees lead plaintiffs attorneys said they might pursue.
Tipsters who only disclose corporate misconduct internally or to a federal agency other than the U.S. Securities and Exchange Commission are still entitled to broad anti-retaliation protections, a commission lawyer told a federal appeals court Wednesday.
Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit criticizes the National Labor Relations Board for its "too-often cavalier and enabling approach" to racially and sexually demeaning misconduct by employees on strike. "It is 2016, and 'boys will be boys' should be just as forbidden on the picket line as it is on the assembly line," Millett writes.
The two cases that involve the online classifieds company Backpage.com feature very different legal questions. But they both carry potentially significant implications for internet content providers in particular and, more largely, for the digital economy.
Sean McKessy, the former head of the U.S. Securities and Exchange Commission's Office of the Whistleblower, has joined the whistleblower law firm Phillips & Cohen as a partner in its Washington office.
Backpage.com, the nation's second-largest online classified ad website, on Tuesday asked the U.S. Supreme Court to block a congressional subpoena that demands business information about how the company polices third-party content. Lawyers for Backpage, represented by Davis Wright Tremaine and Akin Gump Strauss Hauer & Feld, contend the U.S. Senate subpoena, if enforced, chills First Amendment rights.
The federal judge overseeing the case in Texas against the U.S. Labor Department's fiduciary rule on Wednesday denied considering all but two of the eight amicus briefs filed in the court, allowing only submissions from the Financial Planning Coalition and the American Association for Justice.
The Commodity Futures Trading Commission wants the power to punish companies for retaliating against whistleblowers, a move that would align the agency's stance with the stronger position taken by the U.S. Securities and Exchange Commission. On Tuesday, citing the inconsistency between the agencies, the CFTC proposed discarding its earlier position to instead take a tougher approach toward retaliation.
Weeks before the U.S. Justice Department sued to block Aetna's multibillion-dollar acquisition of Humana, Aetna's chief executive had a stern warning to regulators: The company would leave Affordable Care Act exchanges if the deal is blocked. That happened this week. But the insurance giant's move might not help its defense in the blockbuster antitrust case in Washington, antitrust lawyers say.
Federal regulators have barred the billionaire investor Steven Cohen from managing commodity hedge funds until 2018, in a settlement that comes on the heels of a similar agreement with the U.S. Securities and Exchange Commission.
The desire to make someone answer — and pay — for mass killings has become a grim postscript in many recent tragedies. At a hearing Tuesday that referenced Sandy Hook, Columbine, Aurora and other mass shootings, a federal judge tackled the legal questions that make such suits an uphill climb.
A Washington federal judge said Friday she hopes to rule by the end of January on Anthem Inc.'s proposed $54 billion acquisition of Cigna Corp., casting aside the health insurance companies' request for a decision by the end of the year. Both sides in the case have acknowledged contentiousness between Anthem and Cigna. "It is, as I said at the beginning, a bizarre situation that we're doing all of this for the benefit of a merger that may not be desired," U.S. District Judge Amy Berman Jackson said Friday.
The U.S. Court of Appeals for the Ninth Circuit has revived a Southern California qui tam action that takes issue with one-sided billing reviews designed to catch errors that would entitle insurers to larger payments but not to detect misinformation favoring the government.
Federal securities regulators reach a $265,000 settlement with an Atlanta-based building products distributor that unlawfully required outgoing employees to waive their right to a whistleblower bounty.
A federal judge in Washington on Wednesday set a December trial for Aetna Inc.'s proposed $37 billion acquisition of Humana Inc., a scheduling decision that effectively denied the two insurance companies' requests for a resolution by the end of the year.
A federal district judge in Washington on Friday gave up presiding over both of the U.S. Justice Department's blockbuster health-insurance antitrust cases, pushing review of Anthem Inc.'s proposed $54 billion acquisition of Cigna Corp. to another judge. U.S. District Judge Amy Berman Jackson was randomly assigned to the case. Bates will preside over the Aetna-Humana deal.
With the two largest acquisitions ever proposed in the health insurance industry hanging in the balance, federal antitrust enforcers cautioned against rushing the cases and proposed late Tuesday that the first trial begin no earlier than Feb. 17.
A California couple that ran one of the first CrossFit programs for more than a decade has asked a federal judge to sanction the fitness company and its lawyers for filing a frivolous trademark infringement suit.
In separate cases involving disputed disability claims, an appeals court has reversed an ex-Kirkland & Ellis partner’s disability suit victory, while Squire Patton Boggs stands accused of denying disability benefits to a former associate.
A federal agency that's locked in a fight with a corporation over the interpretation of a statute might want to avoid the Ninth Circuit and head into the decidedly more "deferential" Sixth Circuit. That's according to the recent findings of a comprehensive study of the 1978 U.S. Supreme Court decision Chevron U.S.A. v. Natural Resources Defense Council.
The U.S. Department of Labor, in finalizing its fiduciary rule, "has sought to transform the financial services and insurance industries, stepping far beyond its authority" under the Employee Retirement Income Security Act and the IRS code that governs individual retirement accounts, the U.S. Chamber of Commerce said in its latest court papers in a case in Texas.
After nearly two decades at Kaye Scholer, longtime employment and civil rights attorney Kerry Scanlon has moved to McDermott Will & Emery to head the firm's U.S. labor and employment litigation practice—bringing three other Kaye Scholer attorneys with him.
The U.S. Department of Labor plans to "push out guidance fairly shortly" to address questions about compliance with Labor’s fiduciary rule, Timothy Hauser, chief operating officer of DOL's Employee Benefits Security Administration, said Monday.
The U.S. Justice Department has until late August to decide whether to appeal a nationwide injunction blocking a new labor rule that requires greater disclosure of discussions between employers and lawyers who try to counter union-organizing campaigns. Before then, the government must respond to the complaint, a Texas federal judge ruled Thursday in rejecting a request for more time.
The U.S. Supreme Court's 2015 term will of course most be remembered for the passing of Justice Antonin Scalia, whose untimely death promises to affect the court for years to come—and on everything from high-profile questions of constitutional law to how the court reads statutes and what the court decides. It appears that several decisions this term would have come out differently had Justice Scalia lived to see the end of June. In some areas, however, Justice Scalia's absence appears not to have altered the outcomes, even when the court was closely divided on critical issues.
An activist investment firm has agreed to pay a record-setting $11 million penalty to settle charges connected to Halliburton Co.'s abandoned bid to acquire rival oilfield-services provider Baker Hughes Inc., the U.S. Justice Department said Tuesday.
Sean McKessy, the first leader of the U.S. Securities and Exchange Commission's whistleblower program, is stepping down this month, the agency said Friday. The SEC's whistleblower office, since its creation in 2011 under the Dodd-Frank Act, has doled out more than $85 million to 32 whistleblowers, who can receive between 10 and 30 percent of sanctions that exceed $1 million.
The U.S. Justice Department is weighing whether to appeal a Texas judge's decision this week to put a nationwide freeze on the Labor Department's "persuader" rule, a regulation designed to give workers more information about discussions between employers and the lawyers who help them resist union-organizing campaigns.