Courts Litigation

Row Over DJ Casey Kasem's Death Spawns New Federal Suit

By Todd Cunningham |

The widow of Casey Kasem has filed a wrongful death lawsuit against the radio personality's three adult children from another marriage.

Lawsuit Over Premise of 'Inside Out' Just the Latest Hit on a Disney Hit Movie

By Todd Cunningham |

Disney and Pixar were hit with a lawsuit filed in federal court Tuesday on behalf of Minnesota child development expert Denise Daniels, who claims studio executives used her original ideas to create the 2015 film, which was a critical, box office and awards hit.

Associate Justice Neil Gorsuch.

Gorsuch, in First Dissent, Rejects Invitation to 'Tweak' Statute

By Marcia Coyle |

In writing his first dissent, which came in the first case he heard as a new justice, Neil Gorsuch on Friday told his colleagues what will surely be his governing mantra: "Just follow the words of the statute as written."

Robert Mueller

Mueller Bolsters Russia Team's Appellate Readiness in New Hire

By Marcia Coyle |

Adam Jed, a 2008 Harvard Law School graduate and former clerk to U.S. Supreme Court Justice John Paul Stevens, has joined Special Counsel Robert Mueller III's legal team in the investigation of Russia's interference with the U.S. presidential election. At the DOJ, Jed defended the Affordable Care Act and helped implement the Supreme Court's DOMA ruling.

Circuit Finds Consumers Bound by Contracts in Robocall Suit

By B. Colby Hamilton |

In a split with other circuits, the U.S. Court of Appeals for the Second Circuit ruled Thursday that the federal Telephone Consumer Protection Act does not allow consumers to demand that they stop receiving automated calls if they agreed to provisions opting them in.

D. Brian Hufford, of Zuckerman Spaeder in New York City

Niche-Market Lawyers Battle Insurers' Disparate Treatment of Mental Health Claims

By Kristen Rasmussen |

A group of attorneys are pursuing cases against insurers that they say are putting patients with behavioral, rather than physical, health problems at a disadvantage.

Judge Jerry E. Smith

Fifth Circuit Ends Injunction Against Nation's Harshest Anti-Gay Law

By JOHN COUNCIL |

Judge Jerry Smith wrote that the plaintiffs lacked standing because they could not prove they'd been injured by the law.

Illegal immigrants are transferred out of the holding area after being processed at the Tucson Sector of the U.S. Customs and Border Protection headquarters in Tucson, Ariz.

The Roberts Court Hasn't Reargued Many Cases. That Could Change

By Marcia Coyle |

The possibility that the U.S. Supreme Court will rehear a set of cases—including several immigration disputes—looms over the justices as the term moves into its final weeks.

National Labor Relations Board in Washington, D.C.

Big Business Urges Justices to Uphold Bans on Employee Class Actions

By Marcia Coyle |

Big-business advocates are lining up with the Trump administration's new position in the U.S. Supreme Court that workplace arbitration agreements banning class actions do not violate federal labor law.

Federal Trade Commission

Humana Calls FTC Subpoena a 'Fishing Expedition,' and Then Gets Sued

By C. Ryan Barber |

A Washington federal judge has set a showdown for Thursday between Humana Inc. and the Federal Trade Commission over whether the insurer will be forced to disclose documents the agency says it needs for its investigation of Walgreens Boots Alliance Inc.'s proposed $7 billion acquisition of Rite Aid Corp.

U.S. Supreme Court building.

SCOTUS Narrows Forum-Shopping in Big Pharma Action

By Tony Mauro |

In a win for the corporate defense bar, the U.S. Supreme Court on Monday tightened jurisdictional rules that determine where companies can be sued.

Paul Smith.

The Next Big Political Case at the Supreme Court: 6 Key Questions

By Marcia Coyle |

The U.S. Supreme Court said Monday it will dive into a dispute over partisan gerrymandering next term. The outcome could have sweeping national consequences. Here's what to know.

U.S. Patent & Trademark Office.

These 3 IP Boutiques Still Reign at Patent Trial and Appeal Board

By Scott Graham |

Intellectual property boutiques Fish & Richardson; Finnegan, Henderson, Farabow, Garrett & Dunner; and Sterne Kessler Goldstein & Fox maintain dominant positions in America Invents Act litigation, but global Am Law 50 firms continue making inroads at the PTAB.

Michael Dreeben, left, and AKMD’s Mike W. Dreeben, right.

Dreeben (No, Not That One) Says Case of Mistaken Identity Riled Mueller Critics

By Katelyn Polantz |

Michael W. Dreeben, a designer of high-end furniture in Chicago, confirmed this week that he—not the Michael Dreeben tapped to assist Russia special counsel Robert Mueller—was behind past donations to Democratic candidates.

U.S. Supreme Court building

Anticipation Builds for Huge SCOTUS Ruling on Forum-Shopping

By Tony Mauro |

Civil litigators and corporate counsel can almost taste victory in Bristol-Myers Squibb v. Superior Court of California, seen as the term's most important case on jurisdiction.

Law enforcement officers investigate the scene of a shooting near a baseball field in Alexandria, Va., Wednesday, June 14, 2017, where House Majority Whip Steve Scalise of La. was shot at a Congressional baseball practice. (AP Photo/Alex Brandon)

Another Major Shooting Unfolds as Justices Weigh Latest Firearms Case

By Marcia Coyle |

The U.S. Supreme Court's conference on Thursday includes a challenge to concealed-carry restrictions in California. The Orlando nightclub shooting in June 2016 occurred days before the court declined to hear a challenge to post-Sandy Hook gun laws.

U.S. Securities and Exchange Commission building.

Ex-SEC Chair's Chief Legal Adviser Liftik Joins Quinn Emanuel

By Melanie Waddell, ThinkAdvisor |

As partner, Michael Liftik will focus on government and internal investigations, regulatory enforcement defense, securities litigation and cybersecurity.

U.S. Chamber of Commerce in Washington, D.C.

Top Business, Trade Groups Back Trump in Fight Over Regulatory Rollbacks

By Marcia Coyle |

Prominent business advocacy groups and industry associations are backing the Trump administration in fighting a consumer lawsuit that challenges the lawfulness of a White House executive order calling for the elimination of regulations.

Clarence Thomas.

3 Things to Know After US Supreme Court's Biosimilar Drug Decision

By Scott Graham |

Drugmakers who introduce a "highly similar" version of an existing biological drug saw an across-the-board win Monday.

Ex-Fox News Exec Argues Alleged Racist Comments Were Ripped Out of Context

By Todd Cunningham |

Judith Slater, a former Fox News executive at the center of several lawsuits alleging rampant sexual and ethnic harassment at the top-rated cable news network, said allegedly racist comments attributed to her were taken out of context as part of "a reprehensible money grab."

biometric hand system

Biometric Hand Scanner Violated Coal Miner’s 'Mark of the Beast' Belief: Court

By Erin Mulvaney |

An appeals court ruled Monday that a West Virginia coal mining company interfered with a worker's religious beliefs after the evangelical Christian likened the company's biometric hand scanners to clock in and out to the "Mark of the Beast," as described in the Book of Revelation.

U.S. Supreme Court.

Supreme Court: States Will Decide if 'Patent Dance' is Mandatory

By Scott Graham |

The Supreme Court ruled that the patent dance might be mandatory, but that it's up to state law to determine whether and how to enforce it.

U.S. Patent & Trademark Office.

Supreme Court Turns Guns on Patent Office's Post-Grant Proceedings

By Scott Graham |

The Supreme Court agreed to decide whether inter partes review proceedings are constitutional.

Law Firms React to Growing Wave of Whistleblower Lawsuits

By Sue Reisinger |

Plaintiffs firms and corporate defense firms have been adding whistleblower law experts as the number of suits proliferates along with the number of state and federal laws that have been enacted allowing qui tam claims.

President Donald Trump

Trump's Tweets Are 'Authority' in Advocates' New Travel Ban Filings

By Marcia Coyle |

In what may be a first at the U.S. Supreme Court, President Donald Trump's Twitter account was identified Monday as an "authority" along with the cases, law review articles and news citations that lawyers typically use to bolster their arguments.

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

CFPB Just Withdrew Investigative Subpoena. That Doesn't Happen Often

By C. Ryan Barber |

The Consumer Financial Protection Bureau this week retreated from an investigation into J.G. Wentworth, a year after suing the financial services firm in Philadelphia federal district court to force the company to disclose thousands of pages of documents.

Debra Pole of Sidley Austin in Los Angeles, left, and James T. Smith of Blank Rome in Philadelphia.

J&J Brings Big Law Firepower for Talc Trials

By Amanda Bronstad |

Facing trials in Missouri and Los Angeles, Johnson & Johnson has called on lawyers from Sidley Austin and Dechert to fight claims that prolonged use of its baby powder caused women to get ovarian cancer.

Christopher Wray, King & Spalding.

Trump Tweets: King & Spalding Lawyer to Head FBI

By Katheryn Hayes Tucker and Katelyn Polantz |

President Donald Trump tweeted his choice for the new FBI director Wednesday morning – former prosecutor Christopher Wray, now with Atlanta's King & Spalding.

Hourglass.

Lit Funding Opponents Play Long Game in Bid for Transparency

By Ben Hancock |

The U.S. Chamber-led effort to amend the Federal Rules of Civil Procedure is guaranteed to be a long slog. If you're wondering how long, we did the math.

Chipotle

Chipotle Workers Sue for Overtime, Testing Scope of Obama-Era Rule

By Erin Mulvaney |

A federal lawsuit filed Wednesday in New Jersey claims the Obama-era worker-overtime rule is still in effect, despite a federal court's injunction, and companies that decided not to comply are violating federal labor laws.

U.S. Senator, Jeff Sessions, Alabama.

Sessions Ends Third-Party Settlements Derided as ‘Slush Funds’

By Cogan Schneier |

Sessions said DOJ attorneys may no longer enter settlement agreements on behalf of the nation that direct or provide “for a payment or loan to any non-governmental person or entity that is not a party to the dispute.”

Todd Hughes.

Judges Show Little Sympathy in $12M Alzheimer's Fee Dispute

By Scott Graham |

Federal Circuit judges sounded unlikely to toss out attorney fees lodged against Alzheimer's Institute of America over patent deception.

Supreme Court Justice Sonia Sotomayor

Supreme Court Clips the Wings of SEC Enforcement

By Tony Mauro |

A unanimous court ruled that the commission's disgorgement orders imposed on fraudsters amounted to a penalty and as such, must meet a five-year statute of limitations.

U.S. Supreme Court building.

Hospitals' Pension Win at High Court Might be Short-Lived

By Marcia Coyle |

Three religious-affiliated, nonprofit hospital systems won reprieves from multimillion-dollar class actions Monday in the U.S. Supreme Court. But that relief may not be long-lasting. Here are some takeaways from plaintiffs' counsel, employment benefits attorneys, and others on the implications of the high court's decision.

Tina Tchen.

Where's Michelle Obama's Former Chief of Staff? Glad You Asked.

By Erin Geiger Smith |

Tina Tchen, a former partner at Skadden, Arps, Slate, Meagher Flom, talks about firms losing talented women, how hard it was keeping her nose out of White House litigation, and if she'd ever go back to billable-hour life.

Uber sticker on a parked car on Capitol Hill in Washington, D.C.

Seattle, 'Laboratory' for Innovative Labor Laws, Makes Case for Uber Unions

By Erin Mulvaney |

Seattle is urging a federal appeals court to revive the city's effort to serve as a gig economy "laboratory" in which drivers who work for Uber, Lyft and other ride-hailing companies are allowed to unionize. The case will test how far traditional protections for workers extend in the rapidly growing sharing economy.

Justice Elana Kagan

Justices' Ruling for Religious-Affiliated Hospitals Threatens Pension Class Actions

By Marcia Coyle |

​The employee retirement plans of religious-affiliated nonprofits are exempt from the protections and requirements of the federal pension law, a unanimous U.S. Supreme Court ruled on Monday. The decision was a blow to multimillion-dollar class actions that seek to hold those plans liable for violating the federal law.

Will the Supreme Court Follow Trump's Tweets?

By Tony Mauro |

The president attacked the courts and his own Justice Department in a flurry of early-morning tweets regarding his travel ban order.

U.S. Chamber of Commerce.

US Chamber Pushes Rule to Expose Litigation Funding

By Amanda Bronstad |

Pointing to a rise in the use of outside financiers in lawsuits, the U.S. Chamber of Commerce is petitioning the federal judiciary to adopt a nationwide disclosure requirement for third-party litigation funding.

Robert Mueller, then FBI director, testifies on Capitol Hill in 2006.

How the Supreme Court Could Interfere With Mueller's Mandate

By Marcia Coyle |

In the next few weeks, the U.S. Supreme Court could issue a decision that puts a crimp in the investigation schedule of special counsel and former FBI director Robert Mueller III.

Whole Foods' No-Recording Policy Violated Labor Law: US Appeals Court

By Erin Mulvaney |

Whole Foods Market Group policy that bars employees from recording is unlawful and could create a "chill" for workers to express their rights, a federal appeals court ruled Thursday.

Occupy the Courts demonstration, on the second anniversary of the decision in Citizens United v. Federal Election Commission, outside the U.S. Supreme Court building. January 20, 2012.

Supreme Court's Protest Ban Doesn't Infringe Religious Rights

By Tony Mauro |

The latest effort to force the U.S. Supreme Court to allow demonstrations on the court's marble plaza was dismissed by a Washington federal judge on Wednesday. The challengers in the case, Payden-Travers v. Talkin, claimed the ban on demonstrations at the high court violated the Religious Freedom Restoration Act by burdening their religious rights to protest capital punishment with candlelight vigils.

oil refinery

SEC Bars Former PetroTiger GC Convicted in Bribery Case

By Sue Reisinger |

Former PetroTiger Ltd. general counsel Gregory Weisman has been suspended from practicing before the U.S. Securities and Exchange Commission more than three years after his guilty plea in a bribery case.

Ruth Bader Ginsburg.

SCOTUS Tightens Jurisdiction Rules – Again

By Tony Mauro |

Ruling in BNSF Railway v. Tyrrell, the court said Monday that the 14th Amendment does not allow a state to bring an out-of-state company before its own courts for an incident that happened elsewhere.

Labor, Civil Rights Lawyers Press Anti-Discrimination Claims Against Facebook

By Erin Mulvaney |

Employee-rights lawyers are pressing a lawsuit against Facebook Inc. that alleges the social media company’s advertising platform unlawfully permits businesses to promote job, credit and housing opportunities to white, wealthy users and exclude people of color or those in less affluent zip codes.

John Rabiej.

MDL Critic Pushes Plan to Break Up Cases

By Amanda Bronstad |

It's time to give judges clear rules for managing MDLs, says John Rabiej, director of Duke Law School's Center for Judicial Studies. For starters, he'd spread the biggest cases across more judges.

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

'Yes, at Google,' a Fiduciary Rule Compliance Checklist, and CFPB Faces New Challenge in 9th Circuit

By C. Ryan Barber |

The Consumer Financial Protection Bureau faces a new challenge in the Ninth Circuit over the Obama-era agency's structure. Uber's paying tens of millions to drivers in New York who were shortchanged on the amount they received for rides. Lobbyists prepare to ramp up a new fight against against the Obama administration's retirement-savings rules that put a new focus on client interest ahead of profit. And Google employees are sharing workplace complaints on an anonymous bulletin board. This is a roundup of regulatory and compliance news from ALM and other publications.

U.S. District Judge Amy Berman Jackson. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Judge Tosses Racial Discrimination Suit Against Cleary

By Cogan Schneier |

U.S. District Judge Amy Berman Jackson in Washington, D.C., dismissed the suit, brought by former Cleary Gottlieb project attorney Lyle Silva.

An Employee Spoke Out on Glassdoor.com, and Now the EEOC Is Suing His Company

By Erin Mulvaney |

The EEOC on Wednesday sued IXL Learning Inc. over claims the company violated federal law and retaliated against a transgender employee who'd posted anti-discrimination comments on the job recruiting website Glassdoor.com. The case could serve as the latest example showing how companies and courts are grappling with protections for employees as technology platforms evolve.

Fox News offices in Washington, D.C.

Counsel for Fox News Seeks Sanctions Against Ex-Show Host's Lawyer

By Jason Grant |

Fox News fired back at Andrea Tantaros on Wednesday, claiming that her allegations against the network were an "outright hoax," and requesting sanctions that include a dismissal of the case and a disciplinary referral for Judd Burstein, Tantaros' Manhattan-based lawyer.

U.S. Justice Department headquarters in Washington.

Proposed DOJ Corporate Crime-Fighting Budget Suffers Few Cuts

By Sue Reisinger |

Though the U.S. Department of Justice took a small hit in President Donald Trump's 2018 budget request, the Criminal Division actually saw its budget increase slightly. By comparison, however, the Civil Division did not fare quite as well.

Mark Perry of Gibson Dunn & Crutcher.

Future of SEC In-House Trials at Stake in DC Circuit. Here's What Happened

By Cogan Schneier |

An en banc panel of the U.S. Court of Appeals for the D.C. Circuit must decide whether the way SEC administrative law judges are hired is unconstitutional.

Ted Olson, of Gibson, Dunn & Crutcher, testifies before the House Financial Services Committee, during a hearing entitled “The Bureau of Consumer Financial Protection’s Unconstitutional Design,” on March 21, 2017.

DC Circuit Shows No Sign of Punting on CFPB's Constitutionality

By C. Ryan Barber |

The D.C. Circuit's en banc argument in PHH v. CFPB was one of the hottest tickets in Washington on Wednesday. Here are some highlights from the 90-minute hearing over the constitutionality of the single-director structure at the President Barack Obama-era agency long in the crosshairs of Republicans and criticized by business advocates and financial companies.

Danforth Newcomb and Cynthia Kassis of Shearman & Sterling

How Companies Can Keep Calm and Carry On While Under Investigation

By Sue Reisinger |

Shearman & Sterling has published a 34-page white paper describing steps a company needs to take to continue operating during high-profile corruption cases.

CFPB director Richard Cordray.

The CFPB Is Fighting for Its Life. Here's What to Know

By C. Ryan Barber |

From the day it was born out of the Dodd-Frank reforms, the Consumer Financial Protection Bureau has faced questions over the constitutionality of its independent, single-director structure. On Wednesday, the U.S. Court of Appeals for the D.C. Circuit will take a step toward providing an answer, as a full panel of 11 judges will hear arguments in the mortgage provider PHH Corp.'s appeal of a $109 million penalty. Here are seven things to know.

President Donald Trump

Trump's DOJ Can't Quickly End Suit Over Rule-Rollback Order

By Marcia Coyle |

A lawsuit challenging the Trump administration's order that agencies eliminate two existing regulations for each new one will go forward despite the U.S. Justice Department's effort to end it quickly on procedural grounds.

EEOC Fights Ninth Circuit Ruling That 'Institutionalizes' Gender Pay Gap

By Erin Mulvaney |

The U.S. Equal Employment Opportunity Commission said a recent federal appeals court decision "institutionalizes" the gender pay gap by allowing employers to pay women less than men based on previous salaries.

Bud Abbott and Lou Costello perform

Strike 3 for Abbott & Costello Heirs' 'Who's on First' Copyright Dispute

By P.J. D'Annunzio |

After a swing and a miss at both the trial court and appellate level, a copyright infringement lawsuit over the use of comedy duo Bud Abbott and Lou Costello's "Who’s on First" routine has struck out, with the U.S. Supreme Court declining to review the case.

Skadden Loses a Tax Dispute, and Jenner Wins Fee Fight

By Marcia Coyle |

The U.S. Supreme Court on Monday delivered multimillion-dollar good news and bad news to two major law firms. Skadden, Arps, Slate, Meagher & Flom lost its challenge to a tax refund in Michigan. Jenner & Block prevailed in a fee dispute that involved a former client. Here's a snapshot of the two cases.

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

Insurers Mount Pressure as US House, HHS Try to Resolve ACA Case

By Mike Scarcella |

Lawyers for the U.S. House of Representatives and the U.S. Department of Health & Human Services on Monday asked a federal appeals court to freeze for another 90 days a dispute over billions of dollars in insurance industry subsidies under the Affordable Care Act, a delay that could further unnerve the health insurance markets.

U.S. Supreme Court building

Supreme Court Limits Venue Shopping in Patent Litigation

By Tony Mauro |

Justice Clarence Thomas, writing for an 8-0 court in TC Heartland v. Kraft Foods Group Brands, said “a domestic corporation ‘resides’ only in its state of incorporation for purposes of the patent venue statute.”

Roger Ailes poses at Fox News in New York on Sept. 29, 2006.

Will 'Dead Man's Statute' Help Fox Mount Defense Without Ailes?

By Todd Cunningham |

The 19th century evidentiary rule could make it harder for Fox News employees to prove they were sexually harassed by the iconic conservative newsman Roger Ailes.

St. Louis downtown at twilight.

Missouri High Court Voids Ferguson-Inspired Court Fine Cap

By Michael Booth |

The Missouri Supreme Court has struck down a law — drafted based on city funding information revealed during the investigation into the 2014 Ferguson shooting of Michael Brown — that capped revenues raised from traffic fines at 12.5 percent for a group of municipalities in St. Louis County.

A rainbow flag outside the U.S. Supreme Court in 2015.

Wal-Mart Settlement in First LGBT Workers' Class Action Reflects Larger Shift

By Erin Mulvaney |

Wal-Mart Stores Inc.'s multimillion-dollar agreement this week to compensate employees who were refused benefits for same-sex partners marks one of the first class action settlements brought on behalf of LGBT workers, and it comes at a time when the legal and corporate landscapes are moving toward embracing equal protections.

Zillow Faces CFPB Scrutiny, Amazon Mulls Pharma Play, and SEC Drains Big Law

By Mike Scarcella |

Escape the daily flood of Trump news dominating the Washington headlines with this roundup of big regulatory developments. Zillow is facing CFPB scrutiny, Amazon mulls a pharmaceuticals play, Democratic state AGs move to defend a key part of Obamacare, and the SEC is boosting its ranks in new hires from Big Law. And here's a story about ducks at the U.S. Capitol.

David Sanford.

Can Litigation Solve Big Law's Gender Equity Problem?

By Scott Flaherty |

Big Law has a major gender equality problem, according to David Sanford, the chairman of Sanford Heisler Sharp, who is the lead lawyer in a trio of high-profile gender discrimination cases brought by female partners at Am Law 200 firms.

Paul Hanly of Hanly Conroy Bierstein Sheridan Fisher & Hayes, a firm that has now merged with Simmons Browder Gianaris Angelides & Barnerd to form Simmons Hanly Conroy. HANDOUT.

Meet the Plaintiffs Lawyers Signing on to Help Gov'ts Sue Big Pharma Over Opioid Epidemic

By Kristen Rasmussen |

A growing wave of plaintiffs lawyers are joining state and local governments in filing lawsuits against big pharmaceutical companies blaming them for the prescription opioid addiction epidemic and trying to recover taxpayer funds spent dealing with it.

U.S. District Judge Federico A. Moreno.

4 Automakers Agree to Pay $553M on Takata Air Bag Claims

By Celia Ampel |

Toyota, Subaru, Mazda and BMW agree to the settlement affecting more than 15 million consumers.

U.S. Justice Department headquarters in Washington.

FCPA Pilot Program Nets 22 Voluntary Disclosures in Past Year: DOJ

By Sue Reisinger |

The U.S. Department of Justice's pilot program for violators of the Foreign Corrupt Practices Act brought in 22 voluntary disclosures in its first year, a significant increase from 13 voluntary disclosures the year before.

LexisNexis.

What Happens When Your Practice Management Software Goes Dark?

By Gabrielle Orum Hernández |

LexisNexis decision to shutter its Firm Manager software could be a reminder to revisit firm data exit strategies.

Willkie Partner, Other Lawyers Land SEC Appointments

By Katelyn Polantz |

The U.S. Securities and Exchange Commission has staffed up with five Big Law alumni, including a rainmaker at Willkie Farr & Gallagher in New York.

Judge Janice Rogers Brown

DC Circuit Judge Derides $380M Cy Pres Decision as Slush Fund

By Cogan Schneier |

The 2-1 decision from the U.S. Court of Appeals for the D.C. Circuit allows the use of the controversial practice in a decades-old class action discrimination case.

The Bushmaster AR-15 rifle Adam Lanza used in the December 2012 shooting at an elementary school in Newtown, Connecticut. The shooting killed 20 children and six adults.

Gunmakers Urge Conn. Supreme Court to Toss Sandy Hook Case

By ROBERT STORACE |

Remington and Bushmaster claim the families lack standing to bring the liability lawsuit, and that they are protected by a federal law.

Linda Klein, president of the American Bar Association, speaks at the group's midyear meeting in February in Miami.

ABA Counters Trump's Transgender Directive in Appeals Court

By Marcia Coyle |

The consequences of discrimination follow transgender students and their classmates into the legal profession, warned the American Bar Association in an amicus brief that urged a federal appellate court to find that such unfairness violates federal civil rights.

Orly Lobel, a professor of employment and labor law at the University of San Diego School of Law.

Use of Noncompete Clauses Grows Even as More States Move to Limit Them

By Sue Reisinger |

Companies and law firms increasingly are inserting noncompete clauses into employment contracts but more of those contracts are winding up in litigation and more states in the United States are passing laws to restrict their use.

These Two Firms Are Driving a Surge in Health Sector Securities Class Actions

By Amanda Bronstad |

Securities lawsuits have become a major headache for life sciences companies, according to recent reports. And two plaintiffs' firms, Pomerantz and The Rosen Law Firm, are leading the charge.

David Stras, Associate Justice of the Minnesota Supreme Court, speaking at the Federalist Society’s 2016 National Lawyers Convention, at The Mayflower Hotel in Washington, D.C., on Thursday, Nov. 17, 2016.

David Stras: Trump Judicial Nominee and SCOTUS Reformer

By Tony Mauro |

David Stras once wrote that U.S. Supreme Court justices should not have term limits. Instead, he said they should be incentivized to leave when they get old, through "golden parachute" pensions and a heavier workload, including being forced to hear cases around the country by "riding the circuits." Stras, 42, an associate justice of the Minnesota Supreme Court, may be able to continue his scholarly scrutiny from the inside. President Donald Trump this month announced plans to nominate Stras to the U.S. Court of Appeals for the Eighth Circuit.

Partner Hits Proskauer with $50 Million Gender Bias Suit

By Scott Flaherty |

An unnamed Proskauer partner in Washington, D.C., alleges she is a victim of gender discrimination and accused a prominent partner in the office of harassment.

Walter C. Little

Ex-Foley & Lardner Partner Charged With Insider Trading After Move to Bradley Arant

By Brian Baxter |

Walter "Chet" Little, who left Foley & Lardner last summer to join the Tampa office of Bradley Arant Boult Cummings, has been hit with criminal insider trading charges by federal prosecutors in New York. The U.S. Securities and Exchange Commission has also filed a parallel civil case against Little and a co-defendant.

CFPB Director Richard Cordray.

Trump's Justice Department Works Both Sides of the CFPB

By Marcia Coyle |

The Trump administration's U.S. Justice Department is both simultaneously challenging and backing the Consumer Financial Protection Bureau, creating a litigation whirlwind as Republicans and business advocates push reforms that would strip some power from the Obama-era federal agency.

Justice Neil Gorsuch.

Neil Gorsuch Lays Down Some Early Markers

By Marcia Coyle |

What have U.S. Supreme Court advocates learned from Justice Neil Gorsuch based on his early sittings? "Justice Gorsuch comes as advertised: someone deeply committed to ruling by the text and the Constitution's underpinnings, like federalism," Mayer Brown's Timothy Bishop, a veteran high court advocate, says. Here's a look at some early observations of the court's newest member.

Mosquitos

US Supreme Court to Look at Corporate Liability Over Mosquito Bites

By Erin Mulvaney |

Mosquitoes now are at the center of a liability question the U.S. Supreme Court could consider for the first time Thursday: Should the Union Pacific railroad company have protected employee William Nami and other workers from the mosquitoes? In a 5-1 ruling, the Texas Supreme Court ruled in favor of the rail company. But courts are split on the issue.

A large crowd rallies on the steps of the U.S. Supreme Court, led by top Democrat lawmakers, to denounce President Donald Trump’s executive order banning immigration from 7 Muslim-majority countries, on January 30, 2017.

Marcia Coyle, on PBS NewsHour, Reviews Travel Ban Arguments

By ALM Staff |

Marcia Coyle, the National Law Journal's senior Washington correspondent and a veteran Supreme Court reporter, on Monday spoke with PBS NewsHour's William Brangham about the oral arguments in the U.S. Court of Appeals for the Fourth Circuit.

Could Fox News Woes Lead to Sky Deal Falling?

By Todd Cunningham |

With fallout from the network's sexual harassment scandal threatening Chairman Rupert Murdoch’s bid to complete 21st Century Fox’s $14.8 billion acquisition of Sky News in the U.K., approval could turn on what's known as the "fit and proper" test.

Spotlights

Lit Funders Get a Little Sunshine—Whether They Want It or Not

By Ben Hancock |

Publicizing a litigation funding deal is one way for a small company—or a small law firm—to signal that it's ready to fight. Still, the industry is a long way from full transparency.

Court Confronts Scope of EEOC's Power to Dig Into Company Files

By Erin Mulvaney |

The accounting firm BDO USA could be forced to disclose certain internal documents to U.S. regulators who are investigating claims the company discriminated and retaliated against female employees, including the chief human resources officer. A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit on Thursday overturned a lower court's decision that blocked enforcement of EEOC subpoena.

Emojis taken from Surveying the Law of Emojis paper, published by Eric Goldman, Santa Clara University - School of Law.

What You Need to Know About Emoji Law (Yes, That's a Thing)

By Ross Todd |

"Prepare for the coming emoji onslaught," warns Santa Clara University law professor Eric Goldman, who sees ramifications for contract law, criminal evidence and IP disputes.

5 Questions Would-Be Whistleblowers Need to Ask

By David Ruiz |

Becoming a whistleblower is emotionally exhausting and potentially career-ending. We reached out to labor and employment attorneys about which questions employees should ask themselves when they're considering whether to expose wrongdoing by their companies.

Casino Surveillance Technicians' Labor Dispute Draws 'Ocean's Eleven' Comparison

By Erin Mulvaney |

Casino surveillance technicians may have unique power to work covertly with managers to spy on other employees, or even pull off sabotage a la "Ocean's Eleven," and therefore should not be able to unionize with other workers, attorneys for major Las Vegas casinos argued recently in the U.S. Court of Appeals for the D.C. Circuit.

Noel Francisco

Noel Francisco, Trump's SG Nominee, Reveals Divestiture Plan in Ethics Pledge

By Marcia Coyle |

Noel Francisco, still awaiting a hearing on his nomination as U.S. solicitor general, has promised to divest his interests in technology, financial and pharmaceutical companies—including Apple Inc., Vanguard Financials and Merck & Co.—if he wins Senate confirmation. In his financial disclosure form, the former Jones Day partner reported $4.6M in his partnership share plus earnings supplement.

Thomas G. Hungar. Aaron C. Hayes/Daily Report. 11/17/2009

Gov't Doesn't Owe Health Insurers, US House Tells Court

By By Kristen Rasmussen |

The U.S. House of Representatives on Monday asked for permission from the U.S. Court of Appeals for the Federal Circuit to file an amicus brief urging it to affirm the lower court’s ruling in a case involving failed Chicago-based health insurer Land of Lincoln Mutual Health Insurance. The insurer is arguing the government owes it money under the ACA Risk Corridor program; the U.S. government says it doesn't.

U.S. Court of Appeals for the Federal Circuit Chief Judge Sharon Prost.

Appellate Court Won't Overhaul 'On-Sale' Patent Bar

By Scott Graham |

The U.S. Court of Appeals for the Federal Circuit ruled a drug used to treat chemotherapy symptoms did not avoid the on-sale bar for patents despite keeping some details of its drug sale confidential.

The NLJ Monthly: Sharp Curves Ahead on Federal Regulation

Like other reports in this month’s NLJ, Cheryl Miller’s piece about driverless cars addresses a common theme we’ll revisit in each upcoming issue: What does the Trump administration mean for regulation?

Kara Brockmeyer, chief of the Foreign Corrupt Practices Act Unit at the U.S. Securities & Exchange Commission, at Georgetown Law's Sixteenth Annual Corporate Counsel Institute on March 8, 2012.

SEC's FCPA Ace Kara Brockmeyer Joins Debevoise & Plimpton

By Sue Reisinger |

Kara Brockmeyer, former chief of the SEC Enforcement Division's Foreign Corrupt Practices Act Unit, is joining Debevoise & Plimpton's Washington, D.C., office as a partner and member of the white-collar and regulatory defense and the strategic crisis response and solutions groups, the firm announced Monday.

Lori Andrus of Andrus Anderson.

Women Push for Lead Roles in Mass Torts

By Meredith Hobbs |

In 20 years as a San Francisco plaintiffs lawyer, Lori Andrus has secured top roles in mass tort cases against companies including Farmers Group, Bayer and Johnson & Johnson over pay discrimination, defective birth control and other ills. She wants more women to join her.

Nina Pillard.

DC Circuit Judge Warns Ruling Could 'Destabilize' Most Arbitration Awards

By Erin Mulvaney |

The U.S. Court of Appeals for the D.C. Circuit on Friday invoked a rare public-policy exception that "threatens to destabilize" arbitration awards in future cases, a federal appeals judge said in her dissent. "The court's decision to vacate the arbitral award in this case contradicts decades of precedent delineating a narrow public policy exception and threatens as a practical matter to destabilize many, if not most, arbitral awards," Judge Nina Pillard wrote.

Julie Brill

Microsoft Hires Ex-FTC Commissioner as Cybersecurity, Privacy Lead

By David Ruiz |

Former commissioner for the U.S. Federal Trade Commission Julie Brill will be deputy general counsel and report directly to Microsoft president and chief legal officer Brad Smith. Brill joins the company after roughly a year with Hogan Lovells.

Justice Samuel Alito speaking at the Federalist Society 2016 National Lawyers Convention at The Mayflower Hotel in Washington, D.C., on Thursday, November 17, 2016.

Take a 'Journey' Through the Justices' Bookshelves

By Marcia Coyle |

In the U.S. Supreme Court term that ended last June, Justice Samuel Alito turned to books most often to bolster his opinions, while Justice Anthony Kennedy—the court's most influential voter—made least use of the wisdom embodied in books. Justices cite books for a variety of reasons, Yale Law School's Linda Greenhouse, a veteran high court observer, writes in "The Books of the Justices" in the latest Michigan Law Review.

Uber sticker on a parked car on Capitol Hill in Washington, D.C. September 4, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

States Take On Battle Over Regulating the Gig Economy

By Erin Mulvaney |

Florida lawmakers will likely pass a measure that classifies drivers for companies such as Uber and Lyft as independent contractors rather than employees, marking the latest state to attempt to regulate the rapidly growing and litigious ride-hailing workforce.

United Airlines Airbus A320.Source: wiki / CC.

United Settles With Passenger Forcibly Removed From Flight

By Cogan Schneier |

Details of the settlement were not disclosed, but attorneys said it would cover David Dao's injuries.

U.S. Attorney General Jeff Sessions

Need Help Fighting the CFPB? One Company Turns to Trump's Justice Department

By C. Ryan Barber |

Ocwen Financial Corp., the mortgage loan servicer fighting a new Consumer Financial Protection Bureau lawsuit, has turned to an unlikely source for help: the U.S. Justice Department. In a federal court filing styled as a motion "to invite the views of the attorney general of the United States," the company on Wednesday took the remarkable step of asking the Justice Department to weigh in on the side of a corporation fighting another federal agency.

Judge Amul Thapar testifies before the Senate Judiciary Committee during his confirmation hearing to be U.S. Circuit Judge for the Sixth Circuit, on April 26, 2017.

Trump Tweets About Judges Become Fodder in 6th Circuit Confirmation

By Cogan Schneier |

Judge Amul Thapar was asked Wednesday at his U.S. Senate confirmation hearing about President Donald Trump's recent criticism of judges who have ruled against him.

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.

On Patent Dance, Justices Struggle to Find Rhythm

By Scott Graham |

The U.S. Supreme Court justices indicated they could remand a case involving the Biologics Price Competition and Innovation Act, a decision that would leave pharmaceutical companies without needed clarity on the law.

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

In First, Fourth Circuit to Livestream Travel Ban Hearing

By Cogan Schneier |

Lawyers who cheered the U.S. Court of Appeals for the Ninth Circuit’s live broadcast of oral arguments in President Donald Trump’s first travel ban case now have another show to look forward to after the Fourth Circuit said it will live livestream oral arguments in its case next month.

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

Whistleblower Pockets $4 Million SEC Award

By Sue Reisinger |

A whistleblower who tipped the agency with information about serious securities misconduct—which was not identified by the U.S. Securities and Exchange Commission—was rewarded with a $4 million award.

Ronald Machen Jr., left, and David Ogden, right.

Wilmer Partners Win Tenet Health Care Work as Monitor Gigs Stay Hot

By Katelyn Polantz |

In another sign that independent monitorships are attracting top-shelf legal talent, Tenet Healthcare Corp. has tapped David Ogden and Ronald Machen to monitor its compliance under a non-prosecution agreement.

Don't Call This Supreme Court Term a 'Sleeper'

By Marcia Coyle |

The U.S. Supreme Court wrapped up oral arguments for the term on Wednesday. The justices' quest for unanimity is always tested toward the end of a term when some of the most difficult cases await decision. This term is no different. Here's a snapshot of some of the big cases that await decisions.

Financial technology and business investment concept.

State Banking Regulators Sue Feds Over Fintech Charter Proposal

By Stephanie Forshee |

State banking regulators are taking the Office of the Comptroller of the Currency to court over its proposal to establish a special-purpose national bank charter for financial technology companies.

Should You 'Facebook' the Jury? Yes. No. Probably.

By Ben Hancock |

Social media is now a fixture in our lives. But court rules around researching jurors online still vary from state to state and judge to judge.

When Government's Need for Secrecy Clashes With the Public's Right to Know

By Sue Reisinger |

A panel sponsored by the American Bar Association’s Standing Committee on Law and National Security explored those lines in a webcast Tuesday. "Whistleblowers, Leaks and the Media: The Legal Rules" included lawyers and journalists who have been caught up in national security issues.

Johnson & Johnson's baby powder.

Jury Awards in Talc Cases Led Top 100 Verdicts in 2016

By John Deming |

There are three talc cases in the Top 100 Verdicts of 2016.

Top 100 Verdicts 2016: Juries Return Four Billion-Dollar Awards

By John Schneider |

The billions are back. After a drop in 2015, which saw a top verdict of only $845 million, four verdicts in 2016 came in at more than a billion dollars each, according to the annual Top 100 Verdicts by ALM's VerdictSearch.

CHART: The Top 100 Verdicts 2016

The Top 100 Verdicts report is compiled by NLJ affiliate VerdictSearch, which strives to report as many jury verdicts, decisions and settlements as possible.

E. Barrett Prettyman Court House.

9 Firms Drop Off DC Circuit's Pro Bono Leaders List

By Cogan Schneier |

Of the record-breaking 33 firms that made the Judicial Conference of the District of Columbia Circuit's list of pro bono leaders in 2015, 24 are back on the list this year for their work in 2016. But, those who dropped off the list include some big names like Paul Weiss and Kirkland & Ellis.

Top 100 Verdicts 2016: The Billions Are Back

After a drop in 2015, which saw a top verdict of only $845 million, four verdicts in 2016 came in at more than a billion dollars each, according to the annual Top 100 Verdicts by ALM's VerdictSearch.

A painting titled “Untitled 1,” by Missouri high school student David Pulphus, appears after it was rehung, January 10, 2017. The painting was removed from the Congressional Art Competition display in Cannon tunnel by Rep. Duncan Hunter, R-Calif.

Capitol Painting Lawsuit Doomed, Legal Scholars Say

By Cogan Schneier |

Experts say the case pitting government speech against free speech seems more like a scenario that would play out in a law school exam question.

Judge David Sentelle of the United States Court of Appeals for the District.of Columbia Circuit (2008)

DC Circuit Rejects CFPB Subpoena Targeting For-Profit College Accreditor

By C. Ryan Barber |

A Washington federal appeals court on Friday rejected the Consumer Financial Protection Bureau's attempt to investigate an embattled accreditor of for-profit colleges, upholding a trial judge’s ruling that faulted the Obama-era agency for straying outside its jurisdiction.

Cohen Milstein Sellers & Toll offices in Washington, D.C. September 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

$28M Settlement Ends Decade-Old Securities Fraud Case

By Cogan Schneier |

The case involved allegations that Harman International Industries artificially inflated its stock prices.

Judge Lorna Schofield, of the Southern District of New York at the Five Year Anniversary of the Prosecutors' Committee of the Asian American Bar Association, a reception for two newly appointed federal judges was held at the New York County Lawyers' Association’s Vesey Street headquarters on Wednesday June 19, 2013.

Judge Lorna Schofield Lands MDL Over Diabetes Drug

By Amanda Bronstad |
Judge Gary Feinerman of the U.S. District Court for Northern District of Illinois.

Judge Gary Feinerman Likely to See More MDLs

By Amanda Bronstad |
Paul A. Engelmayer, during his nomination hearing to be United States District Judge for the Southern District of New York. March 16, 2011. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Judge Paul Engelmayer Hit With MDL Double-Duty

By Amanda Bronstad |
(Clockwise from top left) Brian Martinotti, Vince Chhabria, Kentanji Brown Jackson, Paul Engelmayer, Indira Talwani, Gary Feinerman, Andre Birotte, and Lorna Schofield.

Meet the Next Generation of MDL Judges

By Amanda Bronstad |

Here’s a look at eight judges who are handling their first multidistrict litigation assignments and why they’re likely to be tapped again.

Indira Talwani, during her confirmation hearing before the Senate Judiciary Committee to be United States District Judge for the District of Massachusetts. January 8, 2013.

Rookie Judges Start to Wrangle MDL Dockets

By Amanda Bronstad |

The panel that assigns sprawling litigation to individual judges to manage is looking beyond repeat players and bringing more women and minority judges into the mix.

Sandy Hook Elementary School in Newtown, Connecticut

Law Profs Say Gun Makers Should Be Liable for Sandy Hook Shooting

By ROBERT STORACE |

Professors from some of the nation’s top law schools filed an amicus brief with the Connecticut Supreme Court saying case law clearly shows negligent entrustment applies, even in cases involving guns.

Kerrie Campbell.

Chadbourne Ousts Partner Suing Firm for Gender Bias

By Brian Baxter |

Kerrie Campbell, a litigator at Chadbourne & Parke who brought a $100 million gender bias suit against the firm, was expelled from its partnership Thursday. In a memo to all Chadbourne partners, Campbell sought to avoid such a fate, which came after 70 partners voted in favor of her exit. She was the only dissenting vote.

Professor Stuart Banner of UCLA School of Law.

A Supreme Court First-Timer Scores on the Money

By Marcia Coyle |

Stuart Banner is a legal historian who has written books on the history of baseball's antitrust exemption, the struggle to control airspace and how American Indians lost their land. On Wednesday, Banner achieved a new distinction: He won his first U.S. Supreme Court argument.

UC Berkeley School of Law campus.

Choudhry's Accuser Gets $1.7M From UC-Berkeley in Sexual Harassment Settlement

By Ben Hancock |

According a copy of the settlement agreement, Tyann Sorrell, the ex-law dean's former assistant, will receive an initial lump sum payment followed by monthly payments over 10 years.

U.S. Securities and Exchange Commission building.

Supreme Court May Clip SEC's Enforcement Power

By Tony Mauro |

A case argued Tuesday considers whether the use of "disgorgement" by the U.S. Securities and Exchange Commission should be considered a penalty subject to a five-year statute of limitations.

Goldstein & Russell's Thomas Goldstein

With Full Bench, SCOTUS Resumes Skepticism Toward Class Actions

By Tony Mauro |

The case before the court deals with a narrow issue of deadlines for initiating litigation. Representing CalPERS, Thomas Goldstein of Goldstein & Russell told the justices litigation could overwhelm the courts if statutory deadlines for opt-out lawsuits are interpreted too strictly.

Sujit Choudhry.

Berkeley Law, Ex-Dean Settle Suits Over Alleged Sexual Harassment

By Ben Hancock |

Sujit Choudhry, the former law dean, will pay $50,000 to his accuser's attorneys and another $50,000 to charity. He will also be allowed to remain a tenured professor "in good standing" until spring 2018.

The Lewis F. Powell Jr. U.S. Court of Appeals for the Fourth Circuit Courthouse and Annex in Richmond, Virginia.

4th Circuit Mulls Livestreaming Travel Ban Hearing

By COGAN SCHNEIER |

The decision to have a live broadcast would mark the first time the appeals court has done so. Audio recordings of hearings are generally available the following day.

U.S. Supreme Court building

SCOTUS Takes Up Key Timing Question in Securities Suits

By Amanda Bronstad |

In a case closely watched by institutional investors, CalPERS is hoping to reverse the Second Circuit and extend the window for opt-out suits.

U.S. District Judge Charles Breyer, Northern District of California

Judge Axes Hagens Berman Fee Request in VW Case

By Amanda Bronstad |

U.S. District Judge Charles Breyer awarded the Seattle plaintiffs firm $2.3 million, a small fraction of its request.

Workers clean the inside of a cafeteria hours after a bomb exploded at Hebrew University in Jerusalem, killing nine, four of them Americans, and wounding more than 70, on July 31, 2002.

Big Law Bench Runs Deep in $655M Terror Case at High Court

By Marcia Coyle |

Thirteen years after suing the Palestine Liberation Organization and the Palestinian Authority—and winning a $655 million jury award in 2015—the American victims and estates of victims of a series of bombings and shootings in Israel are asking the justices to overturn a federal appeals court decision that jettisoned them out of court.

Qualcomm Headquarters in San Diego, CA.

Sullivan & Cromwell Guides BlackBerry to $815M Arbitration Win

By Scott Graham |

Qualcomm was ordered to pay a refund of royalties for phone and chip modem sales that exceeded a per-unit cap.

United Passenger Has 'Every Right to Bring Legal Action'

By Stephanie Forshee |

United Airlines' reputation has taken a bruising since Sunday, when police forcibly removed a passenger from a flight in Chicago that the company initially said was overbooked. But will the airline face legal challenges as a result of the incident?

Orlando Richmond at Butler Snow during talc powder suit

J&J, Backed by Battalion of Lawyers, Opens 5th Talcum Powder Trial

By Amanda Bronstad |

With eight figures potentially on the line, Johnson & Johnson isn't skimping on its defense. Covington & Burling products liability partners Phyllis Jones and Paul Schmidt were on hand in the St. Louis courtroom Tuesday, backing up national coordinating counsel from Butler Snow and Shook, Hardy & Bacon.

Cohen Milstein Sellers & Toll offices in Washington, D.C. September 10, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Humanitarian Aid Lawsuit Targets Former Yahoo Lawyers

By Cogan Schneier |

A lawsuit filed Tuesday claims only a fraction of a $17 million trust created under a Yahoo settlement has been used to provide humanitarian aid to Chinese dissidents.

Jusir and Juicero

Knockoff Chinese Juicer Hits US Kitchens, Says Quinn Emanuel

By Scott Graham |

A federal court complaint on behalf of Juicero Inc. says a Chinese company has copied the "luxurious yet approachable" style of its juicer.

E. Barrett Prettyman Court House.

Fight Over 2 Big Law Accounts Sparks Legal Tech Spat

By Cogan Schneier |

In a new suit, eSentio Technologies accuses HBR Consulting of derailing its bid for document management work from Akin Gump and King & Spalding.

Scott Wolas.

After 20 Years as Fugitive, Ex-Hunton Partner Arrested in Florida

By Brian Baxter |

He was not quite Whitey Bulger, but federal prosecutors in Boston announced Friday the arrest in Florida of Scott Wolas, a disbarred lawyer accused of perpetrating a $1.5 million real estate investment fraud in Massachusetts. Wolas, booted from Hunton & Williams in 1995, has been on the run for two decades.

The Capitol Building in Washington, D.C.

'Crisis' Looms Without New Bankruptcy Judges, Courts Say

By Cogan Schneier |

The U.S. Judicial Conference is asking Congress to add four new positions and make another 14 temporary positions permanent to deal with case volumes in select districts.

Chef José Andrés

José Andrés, Trump Organization Settle DC Hotel Feud

By Cogan Schneier |

Details of the settlement were not disclosed, but the two sides had sued each other for millions of dollars in a breach of contract suit sparked by President Donald Trump's campaign rhetoric.

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.

Gorsuch's SCOTUS Vote Could Soon Prove Decisive on Many Cases

By Marcia Coyle and Tony Mauro |

The final round of arguments in the U.S. Supreme Court this month will give soon-to-be Justice Neil Gorsuch opportunities to reveal how he would deal with a range of issues, including government support of religious institutions and requirements for securities and product liability claims.

Mark Lemley

Federal Circuit Faces Facts: District Judges Call Shots on Fee Awards

By Scott Graham |

Appellate jurists suggest Eastern District ignored their instructions, but there's not much they can do about it.

Fourth Circuit Court of Appeals.Lewis F. Powell Jr. Courthouse & Anne at 1100 East Main Street, in Richmond, VA.

Group Floods Fourth Circuit Judges With Pro Travel Ban Emails

By Cogan Schneier |

The Fourth Circuit issued a rare notice alerting the attorneys in the case that the judges are receiving unsolicited emails from the public.

In Gay Rights 'Gamechanger,' Appeals Court Bars Employment Bias Based on Sexual Orientation

By Ben Hancock |

Overruling years of precedent, the U.S. Court of Appeals for the Seventh Circuit on Tuesday concluded that discrimination against employees on the basis of sexual orientation violates the Civil Rights Act.

Plaintiffs Firm Sued for Defamation, 'Self-Aggrandizement'

By Amanda Bronstad |

Jay Edelson, founding partner of Edelson PC, called the complaint filed by a litigation foe "an attempt to do some late-in-the-game damage control" and promised an aggressive response.

Ryan Howard and Ryan Zimmerman

In MLB Defamation Suit, Judge Says Play Ball

By Cogan Schneier |

The D.C. district judge threw out a part of the case involving a print story accusing two players of using steroids, but allowed a defamation claim against an accompanying video to move forward.

(Clockwise from top left) Julia Salasky of Crowdjustice, Jay Greenberg of LexShares, Howard Shams of Parabellum Capital, Susan Dunn of Harbour Litigation Finance, Ralph Sutton of Bentham IMF, and Christopher Bogart of Burford.

Who Rules the World of Litigation Funding?

By Ben Hancock |

Commercial litigation finance is a growing industry. But when it comes to the people who laid its foundations and those who are propelling the business today, it is an exceedingly small and interconnected world. Many key figures trace their roots to elite law firms or Wall Street institutions.

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

By COGAN SCHNEIER |

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.