University of Chicago Law School has tapped its own criminal justice scholar and law and economics professor, Thomas Miles, to be the next dean.
University of Chicago Law School has tapped its own criminal justice scholar and law and economics professor, Thomas Miles, to be the next dean.
Volkswagen A.G.'s emissions scandal has sent the German company's stock tumbling, but shareholders looking to recover their losses have a difficult road ahead in court.
An apologetic Volkswagen executive on Thursday tried to assure members of Congress that the German automaker will take full responsibility for its effort to cheat U.S. emissions standards for diesel cars. Jones Day will manage "all the investigations in terms of who did what, when how and why and what we need to do,” Michael Horn, president and chief executive of Volkswagen Group of America, said.
The state of Michigan will pay $1.9 million in legal fees to lawyers who successfully challenged the state's ban on same-sex marriage. It is the single largest payout to date by a state in the federal court marriage cases. Mary Bonauto of Gay & Lesbian Advocates & Defenders in Boston, who argued for the challengers in the Supreme Court, will receive $278,845.
Next time you use the word habeas—as in habeas corpus, the great writ—don’t use italics. The Latin word has become so common in English usage that it doesn’t need slanted letters, according to the latest edition of the U.S. Solicitor General’s style manual.
The Roberts Court’s dislike of class actions and its loyalty—sometimes divided—to arbitration have levied knock-out blows to consumers and small businesses. But a counterpunch may be on the way.
The Kentucky Supreme Court has sided with the nation’s largest tort reform groups seeking to uphold a general rule that companies sued over products that meet government regulatory standards shouldn’t be subjected to punitive damages.
Federal Trade Commission chairwoman Edith Ramirez on Wednesday pushed back against a Senate bill that would harmonize the U.S. Justice Department's and FTC's overlapping antitrust authority. "In my view the bill is unnecessary and would remove authority the commission has used successfully for over 100 years to promote competition and advance consumer welfare," Ramirez told a Senate Judiciary subcommittee.
The U.S. Supreme Court on Tuesday considered how much flexibility prosecutors should have to bring charges for an extortion conspiracy when the person paying the bribe is in on the scheme.
King & Spalding associate Ethan Davis made his high court debut on Tuesday—a rare feat for a law firm associate. Davis argued for a former Baltimore police officer charged in an extortion conspiracy. "The intensity of it was something that you can’t prepare for," he said.
Justice Antonin Scalia has long relished punctuating his dissents with withering criticisms of the court's majority, but he outdid himself last term. "His dissents are a lot like those of Felix Frankfurter, who was on the wrong side of history on many issues," said high court scholar Melvin Urofsky, who's written a new book called Dissent and the Supreme Court.
The closely watched "one person one vote" election law case Evenwel v. Abbott is set to be argued before the U.S. Supreme Court on Nov. 30, according to an apparently inadvertent post on the court's website.
There were no missing pages in the 76-page "orders" list as there were a year ago. There was no rapid hunt through those pages by reporters scanning for a long-anticipated, high-profile issue of the year as there was with same-sex marriage. What a difference a year can make in the U.S. Supreme Court.
The U.S. Supreme Court announced Monday a series of policy changes that respond to public complaints about secret changes to the justices' decisions, hiring "line-standers" for high-profile oral arguments and "link rot" in the court's rulings.
BP PLC has agreed to pay $20 billion in fines—the largest in U.S. history—for the Deepwater Horizon disaster spill and cleanup of 3.1 million barrels of oil that spilled into the Gulf of Mexico and onto the shores of coastal states, the U.S. Justice Department announced Monday.
Ken Feinberg is no stranger to difficult, emotionally charged tasks. Over the past 15 years the federal government has enlisted him to oversee the victim compensation funds set up after the 9/11 terrorist attacks, BP's Deep Horizon oil spill in the Gulf of Mexico and the General Motors' faulty-ignition-switch settlement. Feinberg, who turns 70 this month, was appointed this summer as special master to oversee the implementation of the Multiemployer Pension Reform Act of 2014.
With the future of affirmative action, union's agency shop fees, and the counting of one person, one vote in redistricting in the balance, the Roberts Court's conservative majority may return to dominate major rulings in the new term. But will it be conservative with a small or a big "c"?
Devious minds are devising ways to purloin private data and are figuring out how to best use it to their financial and, in some cases, political advantage. Here are some ways to keep at least a step or two ahead of the hackers.
A plan to combat cyber extortion includes establishing relationships with law enforcement.
"Smart" devices — from phones to drones — leave parties in the supply chain vulnerable to lawsuits.
Professional criminals know where the valuable information is, and they know who's vulnerable. Do you?
A Boston federal judge has blocked plaintiffs suing Philip Morris USA from arguing that the company should have provided e-cigarettes to consumers as a safer alternative to tobacco cigarettes.
The U.S. Securities and Exchange Commission on Friday asked the full D.C. Circuit to hear the agency's "conflict minerals rule." A panel earlier ruled in part against the commission. Read the commission's petition here.
Texas wants the U.S. Supreme Court to review an order that forces the state to pay more than $1 million in legal fees to groups that challenged the state’s redistricting plans.
Volkswagen’s legal problems jumped into overdrive this week. More than 175 class actions in 32 states have been filed over an emissions scandal that erupted last month.
The U.S. Supreme Court on Thursday added 13 new cases to its argument docket for the term that begins Oct. 5, including a new employee-speech case and a test of the application of U.S. anti-racketeering law overseas. The orders list brings the number of cases that will be argued in the coming term to 48, and more will be added in the weeks ahead.
A bipartisan group of senators on Thursday plans to unveil a new criminal justice reform bill that would reduce mandatory minimum sentences for certain drug felonies, enhance prisoner rehabilitation programs and largely ban solitary confinement of juveniles, according to a Senate summary obtained by The National Law Journal.
The justices have agreed to decide 34 cases thus far. After their long conference earlier this week, they were expected to add a number of cases to their decision docket after culling through more than a thousand petitions filed throughout the summer months. Some court observers predict conservative victories in the new term's major cases. But the key question is: "How big will the wins be?"
After a headline-making June and a long summer recess, the U.S. Supreme Court returns to the bench on Oct. 5 for a bracing reminder that not all its cases will rock the world.
Massachusetts’ largest hospital has agreed to pay $2.3 million to settle federal allegations that it violated the Controlled Substances Act.
The House Ethics Committee's chairman and its ranking member said on Monday that they will not dismiss an investigation into Rep. Blake Farenthold, R-Texas, and will wait for the outcome of the sexual harassment lawsuit filed against him before deciding whether he violated House rules or federal law.
Doug Kendall, writing for the NLJ in 2008: "No presidential administration in history has been better positioned to get top-flight judges onto the federal bench. With a president and vice president who are both experts in constitutional law, an already distinguished team of legal advisers, and a highly favorable environment on Capitol Hill, this should be, in the immortal words of George Tenet, a slam dunk for the Obama administration."
Speaker of the House John Boehner, R-Ohio, on Sept. 25 announced his resignation and intent to retire from Congress at the end of October. Plus more in this week's column.
The high number of plaintiffs attorneys appointed to steer multidistrict litigation and the repeated use of the same firms are drawing criticism from lawyers competing for those posts and from the judiciary involved in several prominent MDL cases this year.
Energy corporations conducting business in Brazil should prepare for DOJ and SEC scrutiny.
Study found 200 percent increase in nonpracticing-entity lawsuits during the first half of 2015.
The Republic of Guinea must face allegations in a U.S. court that it failed to pay the law firm Dentons more than $10 million in legal fees, a federal district judge in Washington ruled last week.
Significant challenges that involve abortion, solitary confinement, insider trading and other contentious questions await the justices' decisions on whether to add them to the new term of the U.S. Supreme Court.
We're witnessing uneasy times in the energy sector.
The district court's decision marked "a novel, substantial, and unwarranted expansion in the crime-fraud exception" to attorney-client privilege, the traders' lawyer, Jeffrey Wall of Sullivan & Cromwell, wrote in court papers. The Justice Department counters that the attorney-client privilege wasn't meant to shield clients who lie to counsel to conceal alleged criminal activity. The government opposes the traders' request to hold a secret oral argument, set for next month in the U.S. Court of Appeals for the Fourth Circuit.
House Speaker John Boehner, R-Ohio, on Friday announced his resignation and intent to retire from Congress at the end of October. Over five years, Boehner struggled to control his fractious caucus even as he led his party's opposition to much of President Barack Obama's legislative agenda, including to the Affordable Care Act.
A federal appeals court has found that two famous versions of the Batmobile were protected under the copyright for the original Batman comic strip held by DC Comics.
Significant challenges that involve abortion, solitary confinement, insider trading and other contentious questions await the justices’ decisions on whether to add them to the new term of the U.S. Supreme Court.
As the U.S. Supreme Court begins to tackle new cases that could become landmarks in the October 2015 term, C-SPAN, in cooperation with the National Constitution Center, launches a new series that examines in depth 12 older landmark cases that helped to shape the meaning of the Constitution.
Bring a scorecard to the U.S. Supreme Court oral arguments set for Oct. 7. With six lawyers arguing in three cases that involve three defendants and two separate issues, you’ll need something to keep things straight.
The word "pope," as in leader of the Roman Catholic Church, was mentioned in 11 cases during oral arguments in the last 60 years—the most recent in 2011 and the oldest in 1959, according to the NLJ's review of SCOTUS Search, a database of transcripts.
Leslie Caldwell, the assistant attorney general for the U.S. Justice Department's Criminal Division, spoke at length Tuesday about the Justice Department's new prosecution guidelines that address cooperation credit and a new focus on individual accountability.
The parent company of extramarital site AshleyMadison.com said it plans to get lawsuits filed in the wake of its recent security breach tossed out by arguing that the plaintiffs have improperly used “Doe” pseudonyms and that their claims belong in arbitration.
Chubby Checker is suing a men's fashion company over cufflinks named after him. Also: a paralegal who forged signatures to save himself time at work may face time in jail.
Often a nonissue in presidential campaigns, the U.S. Supreme Court has emerged as a political flashpoint, with candidates from both parties attacking justices and pledging to use "litmus tests" to ensure ideological discipline in their future nominees.
On at least one measure of influence, veteran U.S. Supreme Court advocates and their firms appear to have the advantage over newcomers to the court: the language in their briefs appears more often in high court opinions.
Justice Elena Kagan recently revealed some "killer instincts" in a conversation at Harvard Law School that touched on the U.S. Supreme Court's 2011 decision about violent video games. In preparation for Brown v. Entertainment Merchants Association, Kagan said, "Justice [Stephen] Breyer and I actually played the violent video games most involved in this case."
It was the worst data breach in the history of the U.S. government, and now the Justice Department says the ensuing lawsuits filed in six different jurisdictions belong in a single court in Washington, D.C.
The U.S. Court of Appeals for the Eighth Circuit on Thursday sided with religious nonprofits that challenged the Affordable Care Act's contraception coverage regulations, splitting with other federal appeals courts that ruled for the Obama administration. Religious nonprofits that lost similar challenges to the government's process for accommodating religious objections to the contraception mandate in other circuits have already petitioned the U.S. Supreme Court.
With just days until Pope Francis' arrival, one of Washington's largest industries is taking a wait-and-see approach to the downtown disruption the visit will bring.
New evidence of the clout of veteran U.S. Supreme Court advocates and their law firms is revealed in a study showing that the language in their briefs appears in court opinions more often than that of newcomers to the court.
The upcoming U.S. Supreme Court case Friedrichs v. California Teachers Association could significantly affect public sector labor unions. But a new brief discusses how the case could also affect mandatory bar membership for lawyers.
Well, it’s not yet time yet to get really, really serious about the new U.S. Supreme Court term. So professor Scott Dodson and his wife, Ami, sought to discover who on the current court is the most literary justice and which literary authors are most cited.
Covington & Burling's offices at CityCenterDC are in the middle of two spats over payment between a general contractor and subcontracting construction firms—and not all finishing touches in the new building are done.
A federal judge in Nevada has dismissed a lawsuit against the Florida Costal School of Law brought by a prospective student who claims he was wrongfully denied admission to the school due to a botched exam.
The U.S. Court of Appeals for the Fourth Circuit will hear oral arguments on Wednesday over whether to uphold dismissal of human rights abuse claims brought under the Alien Tort Statute against Colonel Yusuf Abdi Ali, who controlled a region in northern Somalia during the regime of military dictator Mohamed Siad Barré in the 1980s. The National Law Journal spoke with Kathy Roberts, legal director of the Center for Justice and Accountability about the case. She is representing a victim of abuse by Ali's men.
Plaintiffs firm Grant & Eisenhofer is accusing one of its former attorneys, Reuben Guttman, of orchestrating a "surreptitious and deceptive campaign" to steal clients and divert money owed to the firm when he left to start his own shop.
The new policy rewrites the way corporations are expected to cooperate with the government when they're under investigation, making cooperation and leniency an all-or-nothing approach.
In an interview with The National Law Journal, U.S. Supreme Court Justice Stephen Breyer talks not only about his new book The Court and The World but on a range of issues—including his thinking about retirement, the collegiality of the court, his recent dissent on capital punishment, and Ted Cruz, the high-court advocate.
U.S. Supreme Court Justice Stephen Breyer does not sound like he is retiring any time soon. "You want to know when. I don't know. I will figure it out at some point," the 77-year-old justice told The National Law Journal in a wide-ranging interview about the death penalty, collegiality on the court, and his new book The Court and the World. The book examines the range of cases in which the high court has looked beyond U.S. borders for insight. Breyer also talked about his upcoming appearance on Stephen Colbert's new "Late Show" on CBS.
The U.S. Court of Appeals for the Second Circuit reinstated an Equal Employment Opportunity Commission sex discrimination case against the nation’s largest jewelry retailer, ruling for the first time that courts should not scrutinize the sufficiency of the agency’s pre-suit investigation.
The new policy, announced Thursday by Deputy Attorney General Sally Yates, rewrites the way corporations are expected to cooperate with the government when they're under investigation, taking away some avenues to build credit toward a deal. Instead, the department says it will make cooperation and leniency an all-or-nothing approach.
A federal appeals court has paved the way for a malpractice class action against Milberg LLP brought by clients who sued the law firm over a botched securities fraud case.
Two federal judges who have criticized the lack of prosecutions against senior executives in white-collar crime cases—Judge Jed Rakoff in New York and Judge Emmet Sullivan in Washington—praised new U.S. Department of Justice guidelines announced on Thursday that target misconduct by individuals.
The U.S. Department of Justice, which has long faced criticism that it went too easy on corporate executives after the financial meltdown, has crafted new guidelines for prosecutors that put a focus on executives and other individual actors in white-collar criminal investigations.
The National Football League is playing defense against several class actions alleging antitrust violations over its Sunday Ticket package, which allows fans to watch games broadcast outside their local television market.
The House of Representatives, alleging an unconstitutional infringement on its appropriation powers, can sue the Obama administration over Affordable Care Act spending, a federal judge in Washington, ruled on Wednesday. The court did not rule on the merits of the case.
Jury secrecy is considered sacrosanct, as is a criminal defendant’s right to an impartial panel. In a petition filed with the U.S. Supreme Court, a convicted murderer is asking the justices what should guide a judge in a criminal trial who investigates jurors' claims that a possible holdout refuses to deliberate.
After a tense term of issuing opinions and dissents, U.S. Supreme Court justices fanned out across the globe in the last two months, some of them sinking out of sight while others hit the speaking circuit.
It's a shrinking IP world out there, from the potential for patent trolls to make headway into Europe to a recent U.S. Supreme Court ruling that has drawn a sharper line between infringement and invalidity.
A fight in the smartphone wars concerns intellectual property owners seeking to "hold up" development.
Court rejects an arcane bit of patent law in which the lack of a single word created a pivotal presumption.
Could the justices soon confront a First Amendment challenge to the prohibition on demonstrations on their marble plaza?
A recent U.S. Supreme Court decision makes a new type of trial proceeding an attractive option.
A Boston federal judge ordered the U.S. Securities and Exchange Commission to speed up rulemaking that will require energy companies to disclose their payments to governments in exchange for commercial development of natural resources.
Automakers sued over faulty airbags made by Takata Corp. have asked a federal judge in Florida to halt the litigation for at least six months, arguing that the U.S. National Highway Traffic Safety Administration, and not the courts, has "primary jurisdiction" over claims brought by consumers.
A dispute over attorney fees in a patent case that went all the way to the U.S. Supreme Court last year has finally brought the winning lawyer a nearly $1.8 million fee award.
Raising the stakes that abortion will be on the decision docket in the new U.S. Supreme Court term, a Texas coalition of reproductive health clinics and physicians asked the justices on Wednesday to review a federal appellate court decision upholding state restrictions that, they say, would close more than 75 percent of the clinics in Texas.
More than 30 years ago, the U.S. Supreme Court upheld the First Amendment rights of those who sought to demonstrate on the sidewalks around the high court. Could the justices soon confront a First Amendment challenge to the prohibition on demonstrations on their marble plaza?
When the U.S. Supreme Court handed down its first ruling on the Affordable Care Act in 2012, some news outlets reported incorrectly that the law had been struck down.
The Equal Employment Opportunity Commission has found evidence that the University of Denver Sturm College of Law has for decades paid female faculty less than their male colleagues.
New data gathered by state and federal corrections officials indicates that as many as 100,000 prison inmates were in solitary confinement in 2014, far higher than previous estimates. A report issued Wednesday by the Association of State Correctional Administrators in conjunction with Yale Law School's Arthur Liman Public Interest Program also says that prison officials regard prolonged isolation of prisoners as a "grave problem," and are moving quickly to rein in the practice.
A federal judge in Ashland, Kentucky, has summoned a county clerk who continues to defy a court order to issue same-sex marriage licenses, and her entire staff to appear Thursday to explain why she should not be held in contempt.
Wiley Rein lawyers who successfully challenged a section of the Voting Rights Act in the U.S. Supreme Court are not entitled to collect $2 million in legal fees from the government, a federal appeals court in Washington ruled on Tuesday.
Prominent class action attorney Adam Levitt has been stripped of the $15,000 incentive award he received as a lead plaintiff in litigation over Southwest Airlines Co. drink coupons after he failed to disclose he was co-counsel with his own lawyer in a separate case.
A former graduate and employee of Arizona Summit Law School is claiming that she has ample grounds to sue for discrimination and fraud despite the school’s arguments that her lawsuit is meritless.
The contraceptive coverage mandate of the federal health care law unconstitutionally distinguishes between religious and non-religious groups that oppose abortion, a federal district judge in Washington ruled on Monday.
The U.S. Supreme Court this term will decide whether its 2012 ban on mandatory life without parole sentences for juvenile murderers is retroactive. But some of those offenders and their lawyers hope for more from the justices.
In a sharp rejoinder to U.S. Sen. Robert Menendez's effort to dismiss his corruption indictment, the U.S. Department of Justice said last week the New Jersey Democrat is interpreting the U.S. Constitution's speech or debate clause broadly to immunize criminal activity.
A summary of this week's notable cases.
A federal appellate panel on Aug. 31 will begin to determine whether California's "dysfunctional" death penalty system is unconstitutional.
The elevated, white marble plaza in front of the U.S. Supreme Court's home is a nonpublic forum where demonstrations and displays are constitutionally prohibited, a Washington federal appeals panel ruled Friday. In 'Hodge v. Talkin,' the unanimous three-judge panel, led by Judge Sri Srinivasan, upheld the constitutionality of the federal law barring assemblages and displays as it applied to the high court's plaza. The court reversed a trial judge.