Courts Litigation

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

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

By Katelyn Polantz |

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

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

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

By C. Ryan Barber |

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

Justice Sonia Sotomayor.

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

By Scott Graham |

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

John Roberts, Jr.

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

By Marcia Coyle |

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

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

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

By Marcia Coyle |

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

CFPB Barred, For Now, From Naming Company Under Investigation

By C. Ryan Barber |

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

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

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

By Sue Reisinger |

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

Richard Cordray.

CFPB Wins New Chance to Defend Single-Director Power Structure

By C. Ryan Barber |

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

Federal Judge Orinda Evans.

Judge OKs Libel Suit Against CNN Over Investigative Report

By R. Robin McDonald |

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

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

The Date's Set. Now What Should the Senate #AskGorsuch?

By ALM STAFF |

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

U.S. Patent & Trademark Office.

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

By P.J. D'Annunzio |

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

U.S. Supreme Court nominee Judge Neil Gorsuch

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

By Scott Graham |

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

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

By P.J. D'Annunzio |

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

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

Judge Backs Health Insurer in $200M ACA Payment Suit

By Allison Bell |

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

Paul Clement of Kirkland & Ellis

Appeals Court Stays Injunction in Sanofi-Amgen Patent Fight

By Scott Graham |

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

Erich Andersen.

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

By Scott Graham |

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

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

By C. Ryan Barber |

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

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

DOL's Retirement-Savings Rule Survives Another Court Challenge

By Melanie Waddell |

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

Donald Trump

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

By C. Ryan Barber |

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

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

CDC Quarantine Rule Imposes New Duties on Airlines

By Kristen Rasmussen |

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

Keir Gumbs of Covington & Burling

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

By C. Ryan Barber |

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

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

By Ian Lopez |

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

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

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

By David Ruiz |

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

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

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

By Sue Reisinger |

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

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

Why You Saw Seattle Judge Announce Travel Ban Ruling on Television

By Tony Mauro |

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

Data Privacy Tops List of Health Care GC Worries

By Sue Reisinger |

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

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

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

By C. Ryan Barber |

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

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

Gorsuch's Criticism of Agency Deference Has Support Among Justices

By Marcia Coyle |

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

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

CFPB Faces Skeptical DC Circuit Judge in Test Over Subpoena Power

By C. Ryan Barber |

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

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

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

By C. Ryan Barber |

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

Judge Neil Gorsuch.

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

By C. Ryan Barber |

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

Judge Neil Gorsuch.

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

By Tony Mauro |

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

U.S. District Judge Sue Robinson of Delaware

Federal Circuit Again Asked to Limit Relitigation of PTAB Issues

By Scott Graham |

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

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

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

By Marcia Coyle and Tony Mauro |

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

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

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

By Marcia Coyle |

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

Antonin Scalia.

Trump Sets Prime-Time Supreme Court Announcement

By Marcia Coyle |

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

Andrew Puzder.

5 Trump Administration Labor Moves You May Have Missed

By Rebekah Mintzer |

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

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

SEC: Investors Duped in 'Hamilton' Ticket Ponzi Scheme

By R. Robin McDonald |

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

CFPB director Richard Cordray.

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

By C. Ryan Barber |

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

Trump International Hotel in Washington, D.C.

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

By Ross Todd |

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

Kara Farnandez Stoll.

Court of Appeals Injunction Dries Out Water Balloon Patent Fight

By Scott Graham |

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

Use of 'Edible' Sparks Foodie Trademark Spat

By Samantha Joseph |

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

Maura Healey, left, and Eric Schneiderman, right.

Democratic State AGs Push to Protect CFPB From Trump

By C. Ryan Barber |

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

Trump International Hotel in Washington, D.C.

Liberal Lawyers Huddle Up in Hunt for Trump Conflicts

By C. Ryan Barber and Tony Mauro |

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

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

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

By C. Ryan Barber |

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

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

By C. Ryan Barber |

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

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

By C. Ryan Barber |

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

U.S. Supreme Court building.

Nonlawyer Judges? SCOTUS Doesn't Seem to Mind

By Tony Mauro |

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

Noel J. Francisco of Jones Day

Jones Day Partner May Be Next for Trump Administration Post

By Tony Mauro |

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

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

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

By C. Ryan Barber |

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

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

The 'Nightmare for Conservatives' Who Will Swear In Trump

By Marcia Coyle |

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

U.S. District Judge Sue Robinson of Delaware

Clement, Joseffer to Battle Over Biologic Drug Injunction

By Scott Graham |

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

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

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

By Amanda Bronstad |

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

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

Supreme Court Will Choose Forum for Water-Rule Fight

By Marcia Coyle |

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

National Labor Relations Board in Washington, D.C.

Justices Will Decide Legality of Class Action Bans in Employment Contracts

By Marcia Coyle |

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

U.S. Securities and Exchange Commission building

US Appeals Court Dodges Scope of Dodd-Frank Whistleblower Protection

By C. Ryan Barber |

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

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

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

By Mike Scarcella |

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

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

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

By Tony Mauro |

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

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

Federal Court Keeps Insurance Carrier's ACA Claim Alive

By Allison Bell |

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

CFPB director Richard Cordray.

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

By C. Ryan Barber |

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

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

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

By Marcia Coyle |

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

Darrell Issa

New Names Surface for PTO Director

By Scott Graham |

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

Jerrold Ganzfried.

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

By Marcia Coyle |

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

Wells Fargo.

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

By Janet Levaux |

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

Chief Justice John G. Roberts Jr. (2009)

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

By Tony Mauro |

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

U.S. District Judge Sue Robinson of Delaware

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

By Scott Graham |

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

Paul Smith.

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

By Marcia Coyle |

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

Thomas Perez.

Tom Perez Touts 'Historic' Fiduciary Rule in Exit Memo

By Melanie Waddell |

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

U.S. Securities and Exchange Commission building

Securities Defense Bar Praises Trump SEC Pick

By Christine Simmons |

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

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

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

By C. Ryan Barber |

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

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

An Assistant SG Rejoins Latham After Three-Year Stint

By Marcia Coyle |

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

DC Circuit Now Has Two Ill-Fated Supreme Court Nominees

By Marcia Coyle |

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

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

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

By By GINA PASSARELLA |

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.

A conflict is brewing between Richard Cordray, left, and Donald Trump over the future of the Consumer Financial Protection Bureau.

Exploding Coffee Machines, CFPB Tested and a DOJ Lawyer's Mea Culpa: Regulatory 2016

By C. Ryan Barber |

The Consumer Financial Protection Bureau faced a new test after a major appeals court ruling struck down the Obama agency's power scheme. A dispute over an exploding coffee machine revealed tension over the scope of product-safety fines. And a top Justice Department lawyer offered an apology to prosecutors after some choice words about lack of oversight in some U.S. attorney offices. Here's a roundup of some of the top regulatory and compliance stories of 2016.

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

Sotomayor's Pro Bono Call, Posner's Digs and Banter on the Bench: Supreme Court 2016

By Marcia Coyle and Tony Mauro |

Justice Antonin Scalia's death in February was one of the biggest stories this year about the U.S. Supreme Court. Sonia Sotomayor urged mandatory pro bono for all lawyers. Richard Posner railed on "stupid" decisions by Chief Justice Roberts. And the court's microphones picked up banter on the bench. Here's a look at some of our most-read stories about the high court.

An amicus brief from the Reporters Committee for Freedom of the Press featured a collection of historic and contemporary booking photos.

Historic Mug Shots Line New Supreme Court Brief as Court Weighs Privacy Dispute

By C. Ryan Barber |

As the U.S. Supreme Court prepares to weigh a dispute over mug shots, a new amicus brief, backing the Detroit Free Press in its suit, presents a collection of historic and contemporary booking photos. The brief, filed by the Reporters Committee for Freedom of the Press, included the photos to argue that the images have a historical value, building an understanding of the context behind arrests, and should be widely available to the public. A federal appeals court ruling in July cited the privacy interests of defendants in concluding that the U.S. government does not have an obligation under public-records laws to release mug shots.

Crowell & Moring offices in Washington, D.C.

Wiley Rein Practice Leader Decamps for Crowell & Moring

By Brian Baxter |

Laura Foggan, a longtime litigator at Wiley Rein and leader of the firm’s insurance appellate group, has joined Crowell & Moring as a partner in Washington, D.C. Foggan’s hire comes a few weeks after Crowell & Moring confirmed its discussions with New York’s Herrick, Feinstein about a potential merger.

L. Lin Wood

$750M Suit Filed Against CBS Over JonBenet Ramsey Broadcast

By R. Robin McDonald |

A four-hour retrospective on the unsolved slaying of the 6-year-old beauty princess is the basis of a defamation suit filed Wednesday against CBS by the victim's surviving brother.

U.S. Department of Veterans Affairs in Washington, D.C.

Opening a Door to Malpractice Suits Against the Veterans Administration

By Jamie Schuman |

When veteran Richard Milbauer sued the government for medical negligence, a federal court ruled it did not have jurisdiction to hear the case. That decision could leave all veterans without a way to obtain judicial review of their malpractice claims against Veterans Administration hospitals, a petition for certiorari in Milbauer v. United States warns. Reed Smith filed a friend-of-the-court brief on behalf of two law school clinics: the Antonin Scalia Law School Mason Veterans and Servicemembers Legal Clinic and the Baylor Law School Veterans' Assistance Clinic.

Federal Trade Commission

LabMD Presses Challenge to Scope of FTC's Cyber Authority

By C. Ryan Barber |

Setting the stage for a fresh test of the Federal Trade Commission's power to police online security, a now-defunct medical laboratory on Tuesday urged a U.S. appeals court to overturn an agency ruling that blamed lax data-protection practices for the exposure of nearly 10,000 patients’ personal information.

Lawyers Behaving Badly 2016: Deposition Edition

By Ross Todd |

Whether it's hurling insults — or coffee — there's just something about depositions that drives lawyers and litigants to cross the line.

These Are Some of the Best Laugh Lines at the Supreme Court This Year

By Marcia Coyle |

In 2016, the court, as several justices said, was a "grayer place" partly because of the absence of the quickest quipper on the bench, the late Justice Antonin Scalia. But there were some notable moments. Here are some of the highlights.

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

SEC Accuses California Lawyer in Scheme to Defraud Foreign Investors

By C. Ryan Barber |

Securities regulators accused a Newport Beach, California, lawyer on Tuesday of fueling a luxury lifestyle through a scheme that allegedly bilked millions of dollars from foreign investors who wanted to speed up their immigration to the United States.

CFPB director Richard Cordray on Capitol Hill in September.

Justice Department Faults Ruling that Threatens CFPB Power Scheme

By C. Ryan Barber |

Obama administration lawyers on Thursday urged a Washington federal appeals court to revisit a dispute over the structure of the Consumer Financial Protection Bureau, arguing that a panel of judges improperly assessed the extent to which the agency leadership intrudes on presidential power.

Apple Accuses Nokia, Acacia of Antitrust Conspiracy

By Scott Graham |

Apple claims Nokia is using nonpracticing entities to harass the company with exorbitant patent royalty claims.

Trump International Hotel in Washington, D.C.

Trump Organization's Labor Deals Could Mitigate Conflicts Exposure at NLRB

By By REBEKAH MINTZER |

President-elect Donald Trump, amid calls to confront and minimize potential conflicts of interest involving his many business deals, on Wednesday moved to untangle a pair of labor disputes that threatened to raise ethical questions at the National Labor Relations Board.

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

The SEC Whistleblower Program's Biggest Year—By the Numbers

By C. Ryan Barber |

The U.S. Securities and Exchange Commission's whistleblower program reached a milestone on Aug. 30. Five years after the program was created under the Dodd-Frank financial reform law, the second-largest bounty in the whistleblower office's history pushed the awards total past the $100 million mark—and the SEC was ready to celebrate. That amount only tells part of the story. Here's a deeper look into the numbers behind the program's big year.

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

Trump's Threat to ACA Spurs Exchange Users to Seek Role in Suit

By By ALLISON BELL |

Two Affordable Care Act cost-sharing reduction subsidy users, represented by Mayer Brown, are trying to get an official role in a lawsuit challenging the Obama administration's operation of the subsidy program. The ACA exchange participants said they fear the incoming Trump administration will not adequately represent their interest in protecting cost-sharing provisions of the health care law.

10 Airplane Horror Stories That Spawned Damage Suits

By Amanda Bronstad |

'Tis the season for cramped airplanes – and lawsuits. Luggage falling on heads and hot tea spilling in laps &ndash are just some of the routine incidents on today's flights that sometimes end up in injury suits.

Matthew Solomon.

Cleary Snags SEC Litigation Chief Matthew Solomon in DC

By Scott Flaherty |

Solomon spent more than three years as chief litigation counsel in the SEC's Enforcement Division.

2016-2017 ABA president Linda Klein.

ABA Accuses Government of Reneging on Law School Loan Forgiveness

By Ross Todd |

A new suit claims the Department of Education is pulling the rug out from under public interest lawyers who were told they qualified for federal loan forgiveness.

The Top 50 Recoveries

The 2016 Elite Trial Lawyers annual includes two components: reports on the 35 firms recognized as finalists in nine categories; and, here, 50 firms with the largest total recoveries over a 12-month period, compiled by ALM’s VerdictSearch, an affiliate of The National Law Journal.

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

'Zombie' Whistleblower, Denied Award for Tip, Takes SEC to Court

By C. Ryan Barber |

They are called "zombie" whistleblowers—tipsters who came forward to federal regulators before the Wall Street reform laws of 2010 and then return to try to reap the benefits of a bounty program created by the postcrisis reforms. Those award applications have been dead on arrival, the tips deemed to have come too early to be eligible for an award under rules set by the U.S. Securities and Exchange Commission in the Dodd-Frank Act. But that hasn't stopped those whistleblowers from pressing their claims—beyond the SEC—for an award.

Chief judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit.

Chief Justice Roberts Shuts Down Bid to Force Garland Vote

By Marcia Coyle |

A long-shot effort to force U.S. Senate action on the Supreme Court nomination of Merrick Garland failed Monday at the hands of Chief Justice John Roberts Jr. Roberts, who, without comment, denied a New Mexico lawyer's emergency application for an injunction in Michel v. McConnell.

Special Litigation

Securities

Employment

The 2016 Elite Trial Lawyers

Welcome to The National Law Journal's third annual Elite Trial Lawyers report, in which we highlight 35 law firms that did some of the most creative and significant work on the plaintiffs side over the past three to five years.

Supreme Court nominee Merrick Garland, chief judge of the U.S. Court of Appeals for the District of Columbia Circuit, walks to Sen. Patrick Leahy (D-VT)'s office at the Russell Senate Office Building on March 17, 2016.

Lawyer Turns to Supreme Court to Force Garland Vote

By Marcia Coyle |

President Barack Obama may be giving up on U.S. Senate confirmation of Chief Judge Merrick Garland, his nominee to the U.S. Supreme Court, but a New Mexico lawyer is making one last appeal—this time to the high court itself. Steven Michel of Santa Fe on Thursday filed an emergency application for an injunction that would require Senate Majority Leader Mitch McConnell to schedule a vote on the Garland nomination before Obama's term ends on Jan. 20.

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

D.C. Circuit Refuses to Block Labor Dept.'s New Retirement-Savings Rules

By Melanie Waddell and Mike Scarcella |

The D.C. Circuit on Thursday refused to block Obama administration regulations that were adopted to minimize conflicts of interest in the retirement-investment industry, a significant setback for financial planners, insurance agents and other advisers who said the rule will disrupt the marketplace.

Ashley Madison website.

In Ashley Madison Data-Breach Settlement, FTC Asserts Role as Cyber Cop

By C. Ryan Barber and Mark Hamblett |

AshleyMadison.com, a website built to help cheating lovers meet their match, has agreed to settle claims that lax cybersecurity was responsible for a data breach that exposed the personal information of millions of customers last year.

Nancy Erika Smith of Smith Mullin.

Lessons from a Prudential Whistleblower's Lawyers

By C. Ryan Barber |

Catching up with Nancy Erika Smith and her husband Neil, who run the New Jersey whistleblower firm Smith Mullin, about the latest whistleblower scandal to hit Prudential Financial Inc.

Leslie Caldwell, Assistant Attorney General for the Criminal Division at the U.S. Department of Justice, speaking during a Federalist Society event on the topic of federal criminial law, held at the National Press Club in Washington, D.C. on Thursday, December 8, 2016.

DOJ's Criminal Division Chief Apologizes to Prosecutors for Her Criticism

By C. Ryan Barber |

Leslie Caldwell, the head of the U.S. Justice Department's Criminal Division, has apologized for remarks she gave last week in which she said some U.S. attorney offices lack the oversight and experience to properly vet cases. "I did not have prepared remarks for the event, and I certainly should have," Caldwell wrote to prosecutors. Caldwell ended on: "I love the Department of Justice and deeply respect our values, the work we do, and the way we do it."

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

Texas AFL-CIO Fears Trump Abandoning Obama's Overtime-Pay Rule

By Rebekah Mintzer |

The Texas AFL-CIO wants to intervene as a defendant in the challenge over the U.S. Labor Department's overtime-pay rule, fearing that federal agencies under Donald Trump will not adequately defend the Obama administration regulations.

Donald Trump.

Who Will Head the PTO Under Trump?

By Scott Graham |

The president-elect will meet with tech leaders this week, but some anticipate he'll look to pharma for an IP chief who supports strong patent rights.

Judge Jimmie V. Reyna of the U.S. Court of Appeals for the Federal Circuit

Federal Circuit Gives PTO Pushback on AIA Procedures

By Scott Graham |

Judge Jimmie Reyna and other judges sounded inclined Friday to relax the rules for revising patent claims during inter partes review.

Winston & Strawn's Washington, D.C. offices on K Street.

How a Problem Client Stuck Two Am Law 100 Firms With His Unpaid Bills

By Jenna Greene |

Hold on. You can’t even get a smartphone without a credit check. How did two of the biggest, most sophisticated law firms in the nation do $800,000 worth of work without ensuring that they were actually going to get paid? Blame “a very convincing fraudster,” said Thomas Buchanan, the managing partner and head of litigation for Winston & Strawn’s D.C. office.

Judge Thomas Ambro of the U.S. Court of Appeals for the Third Circuit.

Third Circuit Rejects Sealing of Settlement in Quest Diagnostics Qui Tam Case

By Charles Toutant |

The U.S. Court of Appeals for the Third Circuit has ruled that an agreement detailing the division of proceeds between two claimants who brought qui tam suits against Quest Diagnostics International should not have been placed under seal.

Mark Perry of Gibson Dunn

Appeals Court Casts Doubts on Smartflash's Patent Win Over Apple

By SCOTT GRAHAM |

Two judges signaled the patents claim ineligible subject matter under Section 101 of the Patent Act.

Kelly M. Dermody, Lieff Cabraser Heimann & Bernstein

'He Said What?' Bar Leaders Urge Clients, Judges to Stand Against Bias

By Ross Todd |

Lieff Cabraser partner Kelly Dermody joined U.S. District Judge Yvonne Gonzalez Rogers and Facebook litigation chief Paul Grewal Tuesday to share tips for young, female and minority attorneys.

Five Employment Visa Issues to Watch In a Trump Presidency

By Rebekah Mintzer |

President-elect Donald Trump has vowed to reform immigration; here's how some employment visa programs could change under his administration.

U.S. Supreme Court Justice Stephen Breyer

In Latest Patent Case, Supreme Court Asks How Much Is Enough for Induced Infringement

By Scott Graham |

Justice Stephen Breyer seemed persuaded on Tuesday that supplying a single component of a product for overseas assembly isn't enough to trigger extraterritorial application of U.S. patent laws.

U.S. Patent & Trademark Office.

Berkeley, MIT Clash Over Right to Profit From Gene-Editing Bonanza

By Nate Robson |

With billions of dollars in licensing fees at stake, a panel of PTO judges seemed unlikely to hand either side a decisive win.

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

The Mystery of the Lingering SCOTUS Cases

By Tony Mauro |

Nearly 11 months ago on Jan. 15, the U.S. Supreme Court granted certiorari in eight new cases. When January 15 of 2017 rolls around, three of those cases will still be pending on the docket without having been argued before the court. The court in effect confirmed that unusual circumstance on Monday when it issued its calendar for the argument cycle that begins Jan. 9 and ends Jan. 18. The three long-lingering cases were nowhere to be found on the calendar: Trinity Lutheran Church v. Pauley, Murr v. Wisconsin and Microsoft v. Baker.

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

Whistleblowers Win Key Ruling as Justices Reject Insurer's Case

By Mike Scarcella |

The U.S. Supreme Court on Tuesday handed a big win to whistleblowers, ruling that a violation of the federal False Claims Act's secrecy requirement doesn’t automatically mean a complaint should be dismissed. The unanimous ruling, delivered by Justice Anthony Kennedy, upheld a decision by the U.S. Court of Appeals for the Fifth Circuit.

Justice Sonia Sotomayor.

Apple Loses to Samsung in Supreme Court Design Patent Case

By Tony Mauro |

The unanimous decision by Justice Sonia Sotomayor wipes out Apple's $399 million in design patent damages and sends the case back to the U.S. Court of Appeals for the Federal Circuit.

gavel_money

Class Action Firm Lobs RICO Suit at Serial Objectors

By Amanda Bronstad |

Chicago’s Edelson PC claims that lawyers in Texas, California and Illinois have conspired as part of a racketeering enterprise to extort payments in class actions.

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

Supreme Court Dives into Patent Exhaustion with Printer Cartridges

By Scott Graham |

The case hinges on Lexmark International's use of patent law to bar recycling and reselling of its used printer cartridges.

Demonstrators in favor of the Obama Administration's Affordable Care Act (2015)

Aetna, at Antitrust Trial Opening, Defends Withdrawal From Health Care Markets

By C. Ryan Barber |

Fighting to save its proposed $37 billion acquisition of Humana Inc., Aetna Inc. raised questions Monday about the future of the Affordable Care Act under a GOP-controlled Congress and the incoming administration of President-elect Donald Trump, as the trial over the insurers' proposed merger began in a Washington federal court.

Winning Litigators: High Stakes, Significant Victories

The lawyers in our 2016 special report all have something in common — they score big wins in court. But how do these battle-tested litigators make their clients happy?

Pay Equity: Employers Must Be Vigilant

By Lauri Damrell and Jessica Perry |

It's now more critical than ever that companies take a close look at their pay practices.

Labor & Employment: Pay Equity, Franchises and Discrimination

Worried about whether your pay practices meet federal pay-equity standards? You should be. Plus more in this week's special section.

Does 'Sex' in Title IX Include Gender Identity?

By Elise Bloom and Andrew Smith |

The U.S. Supreme Court tackles this issue in 2017 and its approach could have broad implications.

The Joint-Employment Challenge

By Jeff Rosin |

With careful attention, franchisors and franchisees can address the joint-employment inquiry.

John Minor Wisdom U. S. Court of Appeals for the Fifth Circuit building, New Orleans, LA.

Fifth Circuit Scraps $340M EDTX Antitrust Verdict

By Scott Graham |

In a win for Becton Dickinson and its lawyers at Paul Weiss, a unanimous panel held that patent infringement can't give rise to antitrust liability.

U.S. Supreme Court in Washington, D.C. October 9, 2016.

Justices Will Decide Religious Health Systems' Pension Dispute

By Marcia Coyle |

After a lull in adding new cases to the term, the U.S. Supreme Court on Friday agreed to hear arguments in seven challenges, including a trio of cases from religious-affiliated, nonprofit health care systems that are seeking exemptions from federal law for their pension plans.

Mug Shots Are Not Secret Records, Detroit Paper Tells Supreme Court

By Marcia Coyle |

The Detroit Free Press is asking the U.S. Supreme Court to reverse a court decision that restricts public access to the mug shots of federal criminal defendants. Booking photos provide an "important window" into the government's exercise of its police powers, the media outlet said in its petition in Detroit Free Press v. U.S. Department of Justice.

Johnson & Johnson Headquarters in New Brunswick, New Jersey.

Johnson & Johnson Hit With $1 Billion Verdict in Hip Implant Case

By Amanda Bronstad |

The award for six plaintiffs included $1 billion in punitive damages and $40 million in compensatory damages. J&J's Skadden Arps defense team pledged to appeal.

Federal Trade Commission

Engineer's Suit Over FTC's 'Robocall' Contest Is Blocked in Appeals Court

By Marcia Coyle |

When the Federal Trade Commission in 2012 announced a competition for "innovative solutions" to block automated sales calls, David Frankel thought he had a winning submission. He didn't. Blocking so-called "robocalls" can be tough and frustrating for the average person. Blocking a lawsuit over an agency's competition seemed a relatively easy task for the U.S. Court of Appeals for the Federal Circuit on Thursday.

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

This Other Big CFPB Case Tests the Scope of Agency's Investigative Power

By C. Ryan Barber |

The Consumer Financial Protection Bureau isn't exactly riding high right now. A federal appeals court struck down the constitutionality of the agency's single-director structure. Republicans in Congress want to fundamentally revamp the agency. And the incoming Trump administration isn't expected to openly greet Richard Cordray, the CFPB director. Here's one more headache: a Washington appeals court will in the coming months decide just how far the agency’s investigative power reaches.

Johnson & Johnson's baby powder.

Court Urged to Weigh Financiers' Roles When Picking Lead Counsel in Talc MDL

By Amanda Bronstad |

Johnson & Johnson has asked a federal judge to order plaintiffs' attorneys applying for lead roles in the multidistrict litigation over its talcum powder products to disclose whether they are backed by third-party financiers.

Senator Elizabeth Warren (D-Massachusetts)

Democratic Lawmakers Urge DC Circuit to Keep CFPB's Single-Director Structure

By C. Ryan Barber |

A group of 21 current and former Democratic lawmakers, including U.S. Sen. Elizabeth Warren and the House and Senate minority leaders, are backing the Consumer Financial Protection Bureau as it fights a court ruling that said the agency's single-director structure is unconstitutional.

Senator Elizabeth Warren (D-Massachusetts)

21 Democratic Lawmakers Urge DC Circuit to Keep CFPB's Single-Director Structure

By C. Ryan Barber |

A group of 21 current and former Democratic lawmakers, including U.S. Sen. Elizabeth Warren and the House and Senate minority leaders, are backing the Consumer Financial Protection Bureau as it fights a court ruling that said the agency's single-director structure is unconstitutional.

Michael Jacobs, Morrison Foerster partner.

Nervy Suit Slams Boston Scientific for 'Blatant Disregard' of Competitor's Patent

By Scott Graham |

A small medical device company in Redwood City is taking on Boston Scientific Corp. for allegedly infringing its patents on electrical stimulation of the spinal cord to treat chronic pain.

Uber Taps Cuatrecasas for Landmark EU Regulatory Case

By Rebekah Mintzer |

Uber Technologies Inc. said Monday that Cuatrecasas attorney Cani Fernandez will represent the company before the European Court of Justice in a landmark case determining how the ride-hailing service will be regulated in the EU.

Judge Amos Mazzant

Blocking OT Rules, Obama Appointee Mazzant Showed He's Not in Lockstep With White House

By Miriam Rozen |

Even a labor lawyer who typically represents employers expressed surprise about the pre-Thanksgiving ruling issued by U.S. District Judge Amos Mazzant.

Ahilan Arulanantham, 2016 MacArthur Fellow, ACLU Southern California Offices

MacArthur 'Genius' Set to Argue Immigration Case Before Supreme Court

By Tony Mauro |

ACLU attorney Ahilan Arulanantham will step to the lectern this week in a case that tests the due process rights of immigrants in detention.

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

Kansas Judge Refuses to Block DOL's Fiduciary Rule

By Melanie Waddell |

A Kansas federal judge on Monday rejected the insurer Market Synergy Group Inc.'s request for a preliminary injunction to block the U.S. Labor Department's fiduciary rule—the second legal victory for regulations aimed at mitigating conflicts of interest in the retirement advice market.