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.
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.
As Hawaii prepares for a hearing Wednesday, the Trump administration looks to capitalize on an early win in Virginia.
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.
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, 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.
The ruling issued March 25 upholds an arbitration panel's award entered for Canadian company Crystallex.
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.
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.
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.
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.
The multibillion-dollar fight between the bankruptcy administrator for MF Global and PricewaterhouseCoopers has been settled midtrial.
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."
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.
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.
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, 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.
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.
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.
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.
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.
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, 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.
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.
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.
The expert in education law and securities regulation will start the job immediately.
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.
Hogan Lovells’ Neal Katyal, counsel to Hawaii in the case, says “We want everyone to be able to read our work.”
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.
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.
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.
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.
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.
The court found three patents cover ineligible subject matter and the fourth is not clearly owned.
A Fort Lauderdale bankruptcy attorney who appeared in political ads opposing Donald Trump wants the right to opt out of the settlement deal.
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.
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.
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.
A look at how attorneys might find “ethical hacking” useful in the e-discovery process.
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.
The National Law Journal is accepting nominations for our 2017 Washington D.C. Litigation Department of the Year contest.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.”
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.
The U.S. Patent and Trademark Office found MIT's patents are distinct from Berkeley's before tossing the California university's interference claim.
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.
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.
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
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.
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.
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.
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.
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. 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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The patent spat involves two competing devices that can fill multiple water balloons at a time.
Edible Arrangements is seeking damages and an injunction barring registration of a trademark belonging to Edible Commerce Consulting.
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.
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.
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.
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 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.
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.
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.
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.
"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.
The two attorneys are representing Sanofi and Amgen in an appeal involving patents for a LDL cholesterol drug.
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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 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 included a 30-day stay on her order to give affected parties a change to seek an expedited review.
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.
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.
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.
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.
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.
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.
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.