When she joined the legal department of McDonald's Corp. right out of law school in the late 1970s, Gloria Santona became the 13th attorney, the fourth woman and the fourth minority member on the staff. Looking back on those numbers today, she remains astounded.
When initial negotiations began in 2014 over General Electric Co.'s purchase of the power generation business of France's Alstom, there was no mention of selling its own rail signaling assets. But when those assets suddenly became a significant part of the discussion, the legal department at GE Transportation had to move faster than a locomotive.
The death of Justice Antonin Scalia triggers immediate questions for the high court and the nation about the outcome of significant challenges this term that involve abortion, immigration, affirmative action, union fees and redistricting.
“Saddened beyond words." "A shock to the system." These were some of the reactions from lawyers on Saturday following the news of U.S. Supreme Court Justice Antonin Scalia's death. Some remembered his interactions with clerks and law students, others recalled his argument style and the impact he left from his originalist approach to the Constitution. The National Law Journal asked dozens of top appellate advocates and scholars to share their thoughts:
U.S Supreme Court Justice Antonin Scalia, the intellectual leader of the court's conservative wing, is dead at age 79. According to official reports from Texas, he died overnight at a ranch in west Texas where he had gone quail hunting. Scalia's death sets up a major battle over his successor.
Donald Trump must sit for a deposition in his lawsuit against a celebrity chef who dropped plans for a restaurant in Trump's new downtown Washington hotel, a judge ruled on Thursday. The Republican presidential candidate’s lawyers called the planned deposition an effort to "harass" Trump. A judge denied Trump's effort to shut down the deposition.
All of Dickstein Shapiro's capital fund is gone. The now-defunct law firm told equity partners—some who left as long as three years ago—on Friday that their millions of dollars evaporated alongside the partnership this week. "One consequence of the firm's dissolution will be the almost certain loss of all firm capital for current and former partners alike," the letter said.
A federal judge in Virginia has issued a $5.4 million judgment against the U.S. government after finding that an air traffic controller was negligent for a deadly midair crash involving three experienced pilots, including the former chief medical officer of the U.S. National Transportation Safety Board.
After seeing her case all but gutted then brought back to life with the help of a recent appeals court decision, a former federal employee has reached a $900,000 settlement with the Department of Housing and Urban Development over claims that the agency failed to accommodate her disabilities.
Ten Gibson, Dunn & Crutcher partners who successfully fought Virginia's same-sex marriage ban billed hourly rates between $795 and $1,800, according to copies of the firm's billing records obtained by The National Law Journal.
A Washington litigation boutique, Kotchen & Low, is embroiled in a fight with e-discovery company Precision Discovery Inc. over who should pay $3 million in fees for e-discovery services that a federal judge found “unreasonable.”
After years of contraction and almost three months scrambling toward a merger, Dickstein Shapiro has tied the knot. Or a hundred knots. Blank Rome will acquire more than 100 lawyers—in essence, all of them—from Dickstein Shapiro. Yet the acquisition is not a merger. Blank Rome will take over Dickstein Shapiro's Washington lease and move from its Watergate complex home in the city to the International Square building that formerly bore Dickstein's name. Dickstein Shapiro's New York office also will consolidate with Blank Rome.
A battle over legal fees and costs has prompted three lawyers to withdraw from the plaintiffs leadership team in the multidistrict litigation over power morcellators made by Johnson & Johnson’s Ethicon Inc.
When Carter Phillips and Seth Waxman, two titans of the U.S. Supreme Court bar, both want to argue the same side of a case, what are you going to do? You do what the National Football League does every game: flip a coin.
A Senate committee approved a resolution on Wednesday to hold Backpage.com and its CEO in contempt of Congress and to take him to court to force him to comply with a subpoena related to the classified advertising website's alleged role in online sex trafficking. The resolution seeks to overcome the First Amendment defense the CEO's lawyer has argued justifies the company's refusal to hand over requested documents.
Covington & Burling's partnership has become accustomed to the rebuilding year. Although revenue has grown for six straight years, profits have gone down, then up, then down again in the past three years. In 2015, the firm experienced 5 percent growth in gross revenue, to $742.5 million. It was a $33.5 million increase from the year before. Revenue per lawyer was up 2 percent, to $935,000. Yet profits per partner sunk four percent, to $1,275,000, or a $60,000 decrease from 2014, the firm told The National Law Journal this month.
Justice Clarence Thomas, criticized often for his decadelong silence in oral arguments, just might have a point to that silence, according to a recent study of the "hot" bench in the U.S. Supreme Court.
MetLife, represented by Gibson, Dunn & Crutcher partner Eugene Scalia, is challenging its designation as "too big to fail." During arguments on Tuesday, U.S. District Judge Rosemary Collyer in Washington expressed concern about the setup of the federal oversight council tasked with reviewing the health of U.S. banks and companies.
Sometimes law firms have to have bad years before they have good. At Steptoe & Johnson LLP in Washington, 2015 finally brought the latter. "We set a plan and it's working," said Phil West, after his second year as firm chairman. In fiscal year 2015, the firm grew its gross revenue by $5 million to $357.5 million, a 1.4 percent increase, the firm reported to the American Lawyer this month. Revenue per lawyer rose by $40,000 to $955,000. And profits per partner were up $30,000 to $940,000.
The top lawyer for Sen. Joe Manchin III, D-West Virginia, is heading to the American Bankers Association to lobby Senate Democrats on behalf of the trade association. Kirtan Mehta starts his new job as the ABA's senior vice president for congressional relations on Feb. 22.
A purported whistleblower who, last December, turned to a federal appeals court to force U.S. securities regulators to act on their delay in processing his award claim has received a response from the agency after a three-year wait. Neither court papers, nor an attorney for the whistleblower, indicated whether the preliminary determination was favorable to the tipster.
The American Bar Association, an early opponent of cameras in courtrooms, urged the U.S. Supreme Court on Monday to "record and make available" video of its oral arguments. Acting at its midyear meeting in San Diego, the association's governing House of Delegates approved a resolution submitted by its Young Lawyers Division aimed at making the high court more accessible.
The plaintiffs lawyer who accused three attorneys of mismanaging the ignition-switch litigation against General Motors Co. has backed off his demands that a judge remove all of them. Still, the lawyer, Lance Cooper, is calling for the resignation of one of the lawyers, Bob Hilliard, claiming that his actions have imperiled the multidistrict litigation.
The rift among plaintiffs lawyers that followed last month's stunning collapse of the first trial over General Motors Co.'s ignition-switch defect raised serious accusations of backroom deals and lucrative fee arrangements.
Morvillo Abramowitz Grand Iason & Anello was center stage last year in the legal community's most closely watched case in decades. In October, a trial jury returned no convictions for the New York-based firm's client, former Dewey & LeBoeuf chairman Steven Davis.
Like the relief pitcher brought in to replace a struggling hurler, Dewey Pegno & Kramarsky is often tapped by clients when their matters aren't going well or when time is running short — sometimes both.
The U.S. Marine Corps isn't alone in claiming the bulldog as its emblem. Miami's Hall, Lamb and Hall does, too, whether its cases keep the nine-lawyer firm solidly in domestic law or draw them into the murky and dangerous waters of foreign terrorism.
Starting in 2013, a team from Reid Collins & Tsai pursued claims in a Dallas County, Texas, court that Credit Suisse Group A.G. was to blame for hundreds of millions of dollars in investor losses stemming from a real estate development project in Nevada that fell apart in 2008.
The National Labor Relations Board has ordered Samsung to stop using an arbitration agreement that requires employees to waive their class action rights as a hiring condition, upholding an administrative law judge's decision for a Florida field sales manager who alleged the company failed to pay overtime wages.
More than 80 class actions filed against FanDuel and DraftKings alleging that their online sites are rigged have been coordinated into an MDL in Massachusetts. Both companies said that district was the favored venue.
For most of his career at the Justice Department, Kenneth Zwick ran the Civil Division's administrative operations. He's a lawyer but his work was focused behind the scenes to get the support staff, money and technology that department attorneys needed. Zwick, who retired in January, spoke with the NLJ about the rise of e-discovery, how cuts in government funding hurt the department, and why he enjoys presidential transitions.
A federal judge has appointed lawyers from Hausfeld and Cotchett, Pitre & McCarthy to serve as co-lead counsel in more than 100 class actions alleging that four major airlines conspired to fix the prices of domestic fares.
Like the Iowans who caucused earlier this week, students at DePaul University College of Law have rejected Trump—Trump International Hotel and Tower in Chicago, that is. The law school decided to move its annual Barrister's Ball from the Donald Trump-affiliated hotel and condominium building to another venue after students protested.
Appearing Thursday on Capitol Hill, former pharmaceutical executive Martin Shkreli wrote on a notepad as his lawyer, New York criminal defense lawyer Benjamin Brafman, whispered in his ear. Shkreli read from that notepad almost every time a committee member asked him a question. His reticence was not absolute. "Hard to accept that these imbeciles represent the people in our government," he wrote on Twitter after his brief appearance in front of House Oversight Committee members.
The U.S. Department of Justice is fighting efforts by a Jewish group to subpoena banks for information about assets owned by the Russian Federation, which owes more than $43 million in sanctions for rebuffing a U.S. judge's order to return a collection of religious texts.
As an "argumentative little kid," Stephanie Toti, who will make her first U.S. Supreme Court argument in this term's abortion case, always wanted to be a lawyer, but she found her niche in the law itself in her grandmother's greatest regret in life.
Nearly seven years since the botched prosecution of the late Alaska senator Ted Stevens, federal judges in Washington are considering a rule that describes in detail for the first time the government's obligation to turn over evidence to defense lawyers.
The first trial against two manufacturers of transvaginal mesh products has ended in a verdict for both companies. A jury in Jackson County, Missouri, which began hearing opening statements in the trial on Dec. 2, found that both Boston Scientific Corp. and C.R. Bard Inc. weren’t liable for plaintiff Eve Sherrer's injuries.
Plaintiffs lawyers leading hundreds of lawsuits over General Motors Co.'s ignition-switch defect on Monday defended their management of the multidistrict litigation, which came under attack after the first bellwether trial imploded abruptly last month amid revelations of apparent fraud and perjury.
Winston & Strawn's John Rosenthal has been in the e-discovery business almost since before there was a business. Previously a partner at Howrey, he worked with the now defunct firm to start a similar business to the one he took to Winston in 2008. The firm's e-discovery center, staffed by career associates and other in-house workers, took on almost 90 percent of the e-discovery and data work for its clients.
An equal-employment specialist at the Consumer Financial Protection Bureau is suing the agency in Washington federal district court for alleged pay inequality. Florine Williams alleges the CFPB has paid her as much as $36,000 less than a male co-worker who has the same title and, for a year, shared the same office. Williams is seeking back pay, damages and attorney fees under the Equal Pay Act.
A government watchdog group is suing for emails and other communication between Hillary Clinton's personal lawyer David Kendall—of counsel to Williams & Connolly—and the U.S. Department of State about any confidential information stored on Clinton's private email server.
The Oyez Project, a widely used resource for the audio of U.S. Supreme Court oral arguments and other information about the court, is facing an uncertain future. With founder Jerry Goldman planning to retire in May, and its arrangement with Chicago-Kent College of Law set to expire, Goldman said he worries the site may wither away or shut down later this year. "The human side of the institution, the sense of the men and women who sit on the bench—their voices would be silenced," said Goldman, 70.
At a White House event Friday honoring the seventh anniversary of the Lilly Ledbetter Fair Pay Act, federal officials laid out a proposal to have private companies include pay data in annual reports on the race, gender and job categories of their employees. President Barack Obama said the more detailed reports would "help us do a better job enforcing existing equal pay laws," underscoring the Equal Employment Opportunity Commission’s point that the added data would buoy its efforts to sniff out of cases of pay discrimination.
Dickstein Shapiro's nine-partner corporate group based in Stamford, Connecticut, has left the firm for Holland & Knight. The move founds Holland & Knight's 25th office. The latest departures—12 lawyers in total—are part of an avalanche of outgoing laterals this year for Dickstein Shapiro, which has held on through years of defections and erratic financial results.
If the Reagan, Bush and Clinton two-term presidencies are any indication, the Obama administration has little prospect of seeing any of its circuit court nominations confirmed after July, according to a Congressional Research Service report released this week.
Holocaust survivors can pursue claims against the state-owned railroad in Hungary for its role in stealing property of Jews who were sent by train to concentration camps, a federal appeals court in Washington ruled Friday.
The plaintiffs lawyer who first discovered the GM ignition-switch defect has lobbed a bomb against a lead counsel of the multidistrict litigation, claiming that the attorney, Robert Hilliard, struck a deal with GM to boost legal fees while reducing the automaker’s potential liability.
A federal district judge in Washington on Thursday picked Daniel Girard, managing partner of Girard Gibbs in San Francisco, to serve as lead counsel for federal employees suing the U.S. Office of Personnel Management over data breaches that exposed the private information of millions of government workers.
The next dean of the Chapman University Dale E. Fowler School of Law has one foot in the legal academy and the other in the world of professional sports. University officials have tapped Matthew Parlow, an associate dean at Marquette University Law School, to replace outgoing law dean Tom Campbell.
One of the rarest areas for lateral hires has a new face: Suzanna Brickman joined DLA Piper as full-time pro bono counsel. Brickman becomes one of the global firm's seven pro bono lawyers. Generally, full-time pro bono attorneys at firms don't move around much, as there are so few of them. Some firms have one or two. Many large firms have no dedicated pro bono counsel.
Arizona Gov. Doug Ducey and members of the state's congressional delegation are teaming up to introduce legislation to split up the Ninth Circuit. Similar efforts in the past have failed to gain traction, but Ducey's office says the time is ripe to revisit the issue.
The Senate Judiciary Committee on Thursday approved bills to implement a trans-Atlantic data privacy compact and to provide federal protection from trade secrets theft. The Judicial Redress Act would cement an "umbrella agreement" between the United States and the European Union to protect each other's citizens' data privacy rights. The committee also approved on Thursday the Defend Trade Secrets Act.
It’s not high-level lawyering, but it's a job.
Suffolk University Law School has partnered with legal process outsourcing firm Integreon Inc. to launch a new program in which law and undergraduate students work part-time on document review and other tasks while on the school's Boston campus.
On the heels of the U.S. Supreme Court's refusal to hear a challenge to the constitutionality of the death penalty, a new case, from Louisiana, is being offered to the justices. Tucker v. State of Louisiana asks the high court whether the death penalty is cruel and unusual punishment in violation of the Eighth and Fourteenth amendments.
Almost two years ago, the Food and Drug Administration's ability to use a controversial report on menthol cigarettes nearly disappeared like a puff of smoke. But this month, a decision by the U.S. Court of Appeals for the D.C. Circuit lifted an injunction on the FDA’s use of the report.
Brigham Young University has been hit with a complaint claiming that the law school's expulsion of ex-Mormons violates the American Bar Association's nondiscrimination rules. A group of university alumni called FreeBYU filed the complaint with the ABA's Section of Legal Education and Admissions to the Bar against Brigham Young University J. Reuben Clark Law School.
Thomas Tamm, a former U.S. Department of Justice lawyer who leaked information to the press about warrantless domestic spying under President George W. Bush, is facing legal ethics charges in Washington. The New York Times won a Pulitzer Prize in 2006 for its reporting on the surveillance program, which permitted the National Security Agency to eavesdrop on Americans and others inside the United States without a warrant.
Attempts by Texas and Shelby County, Alabama, to collect or to block attorney fees for successful challenges under the Voting Rights Act failed on Monday when the justices refused to hear their petitions.
Montana officials in October agreed to pay $100,000 in legal fees to lawyers who successfully argued against the state's same-sex marriage ban, according to a copy of the agreement recently obtained by The National Law Journal.
In less than a week, the U.S. Supreme Court has refused to hear pleas from North Dakota and Arkansas to revive two of the most restrictive abortion laws in the country. The justices on Monday declined to hear North Dakota's appeal of an appellate court decision striking down the state's ban on abortion as soon as a fetal heartbeat is detected—which can be as early as six weeks of pregnancy.
The U.S. Supreme Court on Monday declined to take up one of a new wave of cases that directly ask the justices to declare that capital punishment is unconstitutional. Without comment, the court denied certiorari in Walter v. Pennsylvania, an appeal by Shonda Walter of her death sentence for killing an 83-year-old Pennsylvania man in 2003.
It's an era of growing pains for patent law. Legislators and the courts are grappling with parties sparring for rights amid rapidly evolving technology. However, in the case of at least one firm, there's light at the end of the tunnel.
Barbara "Biz" Van Gelder, the prominent Washington white collar litigator, said that Dickstein Shapiro's uncertain future was the reason she left. After Dickstein Shapiro failed to agree on a merger plan with Bryan Cave in December, Van Gelder decided it was time to change firms, she said. "I was committed to the Bryan Cave merger," she said. And the firm saw another departure Friday: the Washington managing partner.
White-collar lawyer Barbara Van Gelder—who goes by "Biz"—will leave Dickstein Shapiro for Cozen O’Connor Feb. 1, becoming the latest among a half-dozen departures from the struggling Washington law firm so far this year. Van Gelder is a senior counsel to Dickstein Shapiro and the head of its congressional investigations and white-collar defense practice.
The lobbying numbers are in, and the fears of Squire Patton Boggs are confirmed. Although every other law firm lobbying group among the largest in Washington saw their revenues rise in 2015, the legacy firm of the late Thomas Hale Boggs Jr. did not. Its year-end total dropped 20 percent. Squire Patton Boggs—whose Washington lobbying department has faced dozens of departures since 2013—is now the third-largest lobbying organization in Washington, behind Akin Gump Strauss Hauer & Feld and Brownstein Hyatt Farber Schreck.
The FCC believes concerns from companies and business advocates, suing over the agency's new "autodialer" rule, are unfounded. In a brief in the U.S. Court of Appeals for the D.C. Circuit, the agency said businesses and industry groups are "incorrect that the commission's ruling necessarily sweeps in devices such as ordinary smartphones."
Their cases may not command the high profile of abortion, immigration, affirmative action and other challenges now on the U.S. Supreme Court’s decision docket. But four tribal cases granted review by the justices have been called by some experts a “potential watershed” term for Indian law.
Quinn Emanuel Urquhart & Sullivan has upped the amount it gives to law clerks as signing bonuses this year, according to a letter the Los Angeles-based litigation firm sent to federal appeals court clerks. "Starting this year, we have increased our signing bonus for law clerks to $75,000," according to a January letter from the firm to federal law clerks obtained by The National Law Journal this week.
The U.S. Supreme Court on Wednesday struck down a pair of Kansas Supreme Court rulings that reversed the death sentences of three convicted murderers. The 8-1 ruling in Kansas v. Carr and two related cases was written by Justice Antonin Scalia and did not bear the earmarks of a court that is ready to re-examine the constitutionality of the death penalty—as some had hoped after the court’s ruling last term in an Oklahoma case.
A seven-year fight between a pharmaceutical company and the Federal Trade Commission over documents in an antitrust investigation ended at the U.S. Supreme Court on Tuesday when the justices declined to review questions concerning lawyers' work-product protections.
By the end of oral arguments Tuesday in Heffernan v. City of Paterson, New Jersey, lawyers and justices agreed on one thing: The case was really odd. "This is a bizarre case," said Thomas Goldstein of Goldstein & Russell. "It is bizarre," Justice Antonin Scalia concurred. In the course of the hour, some of the exchanges posed lessons that practitioners can learn from.
A seven-year fight between a pharmaceutical company and the Federal Trade Commission over documents in an antitrust investigation ended at the U.S. Supreme Court on Tuesday when the justices declined to review questions concerning lawyers’ work-product protections.
The U.S. Department of Justice must turn over to Congress internal records about how the department responded to a congressional inquiry into the botched gun-walking program known as Operation Fast and Furious.
The U.S. Supreme Court became another player in the contentious, election-year immigration debate as it agreed Tuesday to decide whether the Obama administration has the authority to delay the deportation of nearly 5 million undocumented immigrants.
Carey Child, senior counsel to Chadbourne & Parke, was performing his duties as treasurer for his sons' high school crew team when another parent said a Fairfax County, Virginia-based task force against human trafficking needed some legal expertise.
Solitary confinement has become a hot topic for debate nationwide, especially after U.S. Supreme Court Justice Anthony Kennedy spotlighted it as exacting "a terrible price" from inmates, physically and mentally, in a June 2015 opinion.
When the North Carolina NAACP and the Advancement Project challenged a North Carolina law imposing some of the most restrictive voting requirements in the nation, they knew they would need heavy-hitting litigation support from trial through potentially the U.S. Supreme Court.
California hasn't executed a prisoner since 2006. But since then, and for two years before, an Orrick, Herrington & Sutcliffe lawyer has devoted thousands of hours to the case of one man on the state's death row.
Cleary Gottlieb Steen & Hamilton partner Jim Bromley led a team of attorneys to win a unanimous jury verdict over a firm that promised to convert young gay men to heterosexuality through "conversion therapy."
At the start of 2016, 154 journalists and 162 "netizens" — bloggers and other web-based citizen journalists — were in prison for exercising their free speech rights, according to Reporters Without Borders. With the issue of free speech in mind, Paul Hastings teamed up with the Paris-based advocacy group to create the "Defence Handbook for Journalists and Bloggers."
Recent U.S. Supreme Court arguments over "fair share" union fees paid by nonmembers may have left union supporters believing their case may go the way of campaign finance and voting rights in the Roberts Court.
Chief Judge Theodore McKee of the federal appeals court in Philadelphia has a savings account at PNC Bank. He'd prefer you not know that. In the latest financial disclosure report that McKee filed, in 2015, he tacked on a note of protest. Releasing the names of banks where judges have accounts, he said, puts their financial security at risk.
The U.S. Supreme Court added another class action case to its argument docket on Friday, agreeing to determine the fate of an "end run" tactic used by plaintiffs to appeal the denial of class certification. The court granted certiorari in Microsoft v. Baker, a dispute over a class action brought by Xbox 360 purchasers who blame the company for scratched discs.
Harvard Law School professor Laurence Tribe once taught Republican presidential candidate Ted Cruz, but that did not prevent the Texas senator from taking a potshot at Tribe during Thursday night's televised GOP debate. In an email interview Friday, Tribe declined to comment on being in the spotlight. But he reiterated his earlier point that Cruz has been hoisted on his own petard, so to speak, as a fan of originalism in interpreting the Constitution.
An ethics manual prepared by the U.S. Justice Department for prosecutors in the aftermath of the botched case against Sen. Ted Stevens should remain a secret document unavailable to the public, the government told a Washington federal appeals court Thursday.
Bill Cosby has brought in prominent insurance litigator Kirk Pasich to fend off two lawsuits filed by American International Group Inc. challenging its coverage of the comedian’s legal defense in defamation cases filed by women accusing him of rape and sexual assault.
A federal district judge in Washington won't recuse from a regulatory fight between tobacco companies and the U.S. Food and Drug Administration. The judge ruled on Wednesday that work his former law firm did for an anti-tobacco group was "too attenuated" from the case to disqualify him.
A federal district judge on Wednesday ordered the state of Kentucky to pay $1.1 million to lawyers who successfully challenged the state’s ban on same-sex marriage, one of a handful of million-dollar awards and settlements in these cases to date.
As chief justice, John Roberts Jr. champions the independence of the federal judiciary in speeches and annual reports. On Wednesday, he delivered his "don't mess with the courts" message loud and clear from the bench.
Mitt Romney, along with President Barack Obama and the Republican and Democratic national committees, are fighting claims that the exclusion of third-party candidates from general-election debates violates antitrust law.
Vincent Cohen Jr., the acting U.S. attorney for the District of Columbia until October, will join the Philadelphia-founded law firm Dechert, the firm will announce today. Cohen's hiring allows Dechert to stake a stronger presence in the Washington white-collar universe. His former boss, Ronald Machen, went to Wilmer Cutler Pickering Hale and Dorr. "They never put the vice president and the president in the same plane," Cohen told the NLJ, when asked why he didn't follow Machen to Wilmer. "We had to spread the love around."
With six U.S. Supreme Court justices in the audience, President Barack Obama on Tuesday night sidestepped any direct discussion of the court in his final State of the Union address. He briefly mentioned contentious legal issues, including voting rights, campaign finance and marriage equality.
Six years after President Barack Obama caused a stir by questioning the U.S. Supreme Court’s Citizens United ruling at a State of the Union address, he is likely to mention the court’s name Tuesday tonight. Whether controversy ensues is hard to predict.
The U.S. Supreme Court on Tuesday struck down Florida's death sentencing system, ruling that it improperly gives judges, rather than juries, the power to decide that a defendant's punishment should be death rather than life in prison. Justice Sonia Sotomayor wrote the 8-1 decision in Hurst v. Florida, invoking the court's Ring v. Arizona precedent from 2002. The court said in Ring that facts resulting in an increase in a sentence to capital punishment must be determined by the jury.
Nearly seven years to the day after he was fired, a former federal prosecutor in Cleveland reached a settlement Friday with the U.S. Justice Department in which will he receive full back pay, an additional $805,000 and an assignment as a work-from-home pardon attorney through May 2017.
Predicting the outcome of U.S. Supreme Court cases is a risky business, which is why reporters so often hedge with verbs such as "seemed," "appeared," and "struggled." But sometimes past can indeed be prologue and that played out in arguments Monday in the court’s major union challenge—Friedrichs v. California Teachers Association.
Conservative justices on Monday appeared ready to deliver a major blow to public-employee unions by striking down fees paid by nonmembers to cover their share of unions' collective-bargaining costs. Justice Ruth Bader Ginsburg warned that if the precedent set in 1977 falls, so do decisions upholding fees collected from lawyer-members of mandatory bars and student activity fees at public universities.
A federal judge plans to appoint former FBI director Robert Mueller to oversee settlement negotiations in the class actions filed over Volkswagen A.G.'s emissions scandal. Mueller, who was FBI director from 2001 to 2013, was not among the 28 names submitted by plaintiffs lawyers who have filed more than 500 lawsuits against Volkswagen.
After four years of litigation, most of the manufacturers of pelvic mesh devices have begun to settle thousands of cases in an effort to shrink the largest mass tort in the country. All, that is, except for Johnson & Johnson.
A Virginia federal trial judge weighs in on a question that has divided a pair of federal appeals courts: Does an employee need to directly contact the SEC to receive whistleblower status under Dodd-Frank? The answer, at least according to U.S. District Judge T.S. Ellis III, is yes.
A new roadblock could lie ahead in Uber’s legal fight with its own drivers following a move by a New York plaintiffs attorney to coordinate a dozen lawsuits, including a high-profile class action in California challenging its employee classifications.
With the U.S. Supreme Court accepting 75 or fewer cases for review each term, competition is fierce among law firms and law school clinics for the chance to write briefs on the merits and appear before the justices.
The country's largest student loan guarantor has asked the U.S. Supreme Court to consider a case that began as a seemingly routine debt dispute but now grapples with a question at the heart of administrative law: How much deference should judges give to agencies' interpretations of federal regulations?
As U.S. Supreme Court nominees, the Roberts Court justices, like their predecessors, paid homage to stare decisis: standing by prior decisions. But what will that mean when they re-examine a nearly 40-year-old precedent in the biggest union case in decades?
Two Chicago law schools have played key roles in obtaining justice for those tortured during the tenure of former Chicago police commander Jon Burge. Students and professors at Chicago-Kent College of Law and Loyola University Chicago School of Law have helped dozens of victims who were tortured into confessions by Burge's cabal of detectives—a group that became known as "The Midnight Crew."
The U.S. Supreme Court was asked Wednesday to overturn the federal law that prohibits expressive activity on its own marble plaza. "For well over half a century, visitors to the Supreme Court have had to conform their conduct while on the plaza to an unknown and unknowable standard," Jeffrey Light, the lawyer who filed the petition, told the high court. The case challenges a ruling in the U.S. Court of Appeals for the D.C. Circuit, which upheld the law.
More than 100 women lawyers joined in a brief to tell the U.S. Supreme Court about their own abortions and why their reproductive freedom was pivotal to their personal and professional lives. The extraordinary brief, filed Monday, was signed by former judges, law professors, law firm partners, public interest lawyers and law clerks, though none who clerked for the high court itself.
The Justice Department has sued Volkswagen A.G. claiming it violated the Clean Air Act by installing illegal defeat devices in nearly 600,000 diesel engine vehicles in the United States that were designed to cheat emissions tests.
A journalist is suing the U.S. Department of Justice for copies of any emails between past and present U.S. solicitors general and U.S. Supreme Court justices. Based on scrutiny of justices' papers that have been made public over the years, written communications between solicitors general and justices, if they occurred, were mainly about formalities—not case-related.
The legal dispute underlying the occupation of a national wildlife refuge in Oregon made its way last year to the U.S. Supreme Court, which denied review in March 2015. "This case bears no resemblance to any prior decision of this court invalidating a non-capital term-of-years sentence on proportionality grounds," the SG wrote.
Barely catching its breath after a momentous 2015, the U.S. Supreme Court begins the new year under the politicized spotlight of a presidential election as it confronts blockbuster issues that include abortion, affirmative action, contraception and immigration.
An overhaul of federal court rules that regulate the exchange of information in civil lawsuits took effect Dec. 1. Now, the rollout of the changes is generating its own controversy amid questions about corporate influence and private access to the judiciary.
Chief Justice John Roberts Jr. on Thursday urged federal judges and lawyers to redouble their efforts to make civil litigation more just and efficient, admonishing them to change the legal culture and narrow the scope of discovery. Roberts' annual report on the federal judiciary focused entirely on the "just, speedy and efficient resolution of civil disputes," as he highlighted new revisions in the Federal Rules of Civil Procedure that are aimed at achieving those goals. They took effect on Dec. 1.
Liberals purport to venerate “tolerance” and “diversity”—until it involves tolerating diverse public policy opinions that deviate from liberal orthodoxy. The most recent example of this political correctness is the increasingly aggressive effort to brand anyone who does not pledge fealty to “climate change” orthodoxy as not just a heretic, but now a criminal, too.
From net neutrality rules to the Sally Yates memo, federal agencies came out with major policy announcements and found themselves in high-stakes litigation in 2015. But by the year’s end, there was too little time left to see how those policies would be put into practice, or how lawsuits with potentially vast ramifications would be resolved.
Here are some of the top things to look out for in 2016 with four federal agencies: the Federal Trade Commission, Justice Department, Federal Communications Commission and the Consumer Financial Protection Bureau.
Alexandra Lahav, a professor at the University of Connecticut School of Law, gives her predictions about what's around the corner in 2016. Lahav, a preeminent scholar on civil procedure and complex litigation who also has taught at Yale Law School and Stanford Law School, testified before Congress last year to oppose the Fairness in Class Action Litigation Act of 2015, a pending bill sponsored by Rep. Bob Goodlatte, R-Va.
Several companies in the credit-repair services industry should not be allowed to keep their identities secret in their suit against the Consumer Financial Protection Bureau, the agency told a federal judge in Washington this month.
A former federal prosecutor who challenged his dismissal from the U.S. Justice Department is entitled to return to his position and receive seven years' worth of back pay, the Merit Systems Protection Board ruled this month.
U.S. Supreme Court Justice James McReynolds, historically one of the court’s least liked members, was said to have been such a dedicated anti-Semite that he refused to sit next to Justice Louis Brandeis for a 1924 group photograph.
Every now and then, one state appears to dominate the justices' docket with a number of cases. Texas is center stage at the U.S. Supreme Court this term in some of the most controversial cases, and its solicitor general is directing the action.
Landmark rulings from the U.S. Supreme Court. Multibillion-dollar tort settlements. Major moves and merger talks in Washington Big Law. A spirit of bipartisanship on Capitol Hill. This NLJ collection looks back at highlights from 2015.
The historic ruling upholding a right to same-sex marriage defined the Roberts Court in 2015 by altering the legal, political and social landscapes for millions of lesbian and gay couples. But as that year drew to a close, the justices already had teed up another potential blockbuster year involving abortion, race, religion, unions and immigration.
U.S. Supreme Court Justice Stephen Breyer on Sunday sidestepped questions about Donald Trump’s views on Muslims, but said he doubted anything like the World War II internment of Japanese-Americans would ever occur again. "This country has developed a stronger tradition of civil liberties" than it had when 70,000 Japanese-Americans were held in internment camps during World War II, Breyer told ABC News reporter Jonathan Karl in a segment that aired on ABC This Week.
With sustained and modest fiscal stability across the legal industry last year, 2015 created a clean palette for many of D.C.'s largest law firms. Some redesigned their Washington-focused practices like lobbying and white-collar law, many added or lost groups of lawyers, and a few considered or closed on mergers. We look at the 10 top trends and business decisions that created buzz in Washington Big Law this year, from Dentons to Dennis Hastert.
Year in review: A National Law Journal collection of photos from and stories about the U.S. Supreme Court, featuring fights over same-sex marriage, the death penalty, the Affordable Care Act and affirmative action.
On Jan. 1, lawyer-spouses of members of the military who face career obstacles because of geographic reassignments, will be able to practice law in Tennessee under a temporary license approved by the Tennessee Supreme Court.
Justices pushed back on calls for greater transparency about recusals, and members of the court didn’t hide their aversion to the demand for live broadcasts of oral arguments and landmark opinion announcements, of which there were many this past year. The stories in this NLJ collection highlight the year in transparency—conflicts of interest and financial disclosure reports, a new openness about attorney discipline at the high court, and policy changes that reveal revisions to Supreme Court decisions.
A federal district judge in Washington on Tuesday narrowed the scope of charges against five protesters accused of disrupting U.S. Supreme Court proceedings earlier this year. Charging documents say the defendants "did unlawfully make a harangue or oration or utter loud language in the Supreme Court Building." U.S. District Judge Christopher Cooper said the terms "harangue" and "oration" were unconstitutionally vague.
As the Washington Redskins fight to keep the team’s controversial trademarks, the Federal Circuit gave the team a boost when it ruled on Tuesday in a separate case that the government can’t reject trademarks just because they’re offensive.
U.S. Supreme Court justices have cited the prospect of being quoted out of context as one reason for their resistance to cameras in the courtroom. But who needs video when recorded audio, written transcripts and public appearances serve just as well to highlight snippets of the justices' most colorful utterances of 2015. Here's a look back from some of this year's commentary from the justices—from the bench, written rulings and from public remarks.
President Barack Obama on Friday commuted sentences for 95 prisoners, more than doubling his total number of commutations since entering office in 2009. The grants are largely for nonviolent drug offenses involving crack cocaine. Firearm possession factored into 18 of the prisoners' drug-related sentences and methamphetamine offenses accounted for 10 sentences.
Three years after requesting a reward for tipping off financial regulators, a whistleblower has asked a federal appeals court in Washington to light a fire under the U.S. Securities Exchange Commission to force it to decide on the award application. In a petition filed in the U.S. Court of Appeals for the D.C. Circuit, Butzel Long partner Max Maccoby described the whistleblower's award request as the "tip of the iceberg" in a backlog that threatens to diminish the effectiveness of the SEC's compensation program for tipsters.
Volkswagen A.G. has retained Kenneth Feinberg to administer a claims program designed to compensate consumers for lost value to their vehicles and other economic damages caused from its recent emissions scandal.
Arnold & Porter's most recent news looked a little out of the ordinary: The firm hired a group of 11 public policy specialists from Squire Patton Boggs. The firm decided months ago it needed more legislative weight, especially to complement its large health care regulatory practice. "We have decided that we needed to invest further in public policy in the health care space but also beyond the health care space," Thomas Milch, Arnold & Porter's chairman, told The National Law Journal this week. "The opportunity [to hire the Squire Patton Boggs group] presented itself unexpectedly a little bit, but not the subject matter. We had actually given it some thought," Milch said.
The Obama administration on Wednesday urged the U.S. Supreme Court not to referee the dispute among Nebraska, Oklahoma and Colorado over the impact of Colorado's new law legalizing recreational use of marijuana. U.S. Solicitor General Donald Verrilli Jr. said in a brief filed Wednesday that the court's "original jurisdiction," usually reserved for disputes over boundaries and water rights, was not the appropriate forum for resolving differences between states over marijuana laws.
A rare alliance between both houses of Congress and the Obama administration is urging the U.S. Supreme Court to clear the path for American victims of Iranian-backed terrorism to recover damages from Iran's central bank. Friend-of-the court briefs by the House of Representatives and the Senate are expected to join a brief from U.S. Solicitor General Donald Verrilli Jr. next week in Central Bank of Iran v. Peterson, set for argument on Jan. 13.
A leading business advocate of criminal justice reform predicted on Wednesday that bipartisan legislation to overhaul sentencing laws will be approved early next year despite differences among Congressional supporters on the bill's final language. Mark Holden, general counsel and senior vice president at Koch Industries, told an audience at the Council of State Governments Justice Center's annual conference in Washington, D.C., that he envisions a "floor vote by late January, early February" in the House and Senate on corresponding criminal justice reform bills.
Until last week, prison inmates and undocumented immigrants were the main focus of the debate before the U.S. Supreme Court over how legislative districts should be drawn. But during oral arguments in Evenwel v. Abbott, another segment of the nonvoting population emerged as a key part of the calculus: children.
An Alabama Supreme Court’s refusal to recognize a lesbian’s nearly decade-old adoption in Georgia of three children may draw the U.S. Supreme Court for the first time into the rights of gay and lesbian parents.
A pharmaceutical company is asking the U.S. Supreme Court to step into a seven-year fight with the Federal Trade Commission over documents related to an antitrust investigation. And the American Bar Association urges the justices to do just that in order to prevent "serious undermining" of lawyers' work-product protection.
The high-stakes patent battle between Apple Inc. and Samsung Electronics Co. is now before the U.S. Supreme Court, with Samsung claiming that it did not infringe Apple's design patents and should not be punished with a $399 million penalty.
The U.S. Supreme Court on Monday put on hold an Alabama Supreme Court decision that would take away a woman’s adoptive rights to the three children she had been raising with her former lesbian partner of nearly 17 years.
As the nation confronts racial tensions in the streets and on college campuses, the U.S. Supreme Court last week gave few hints of how it will decide two challenges with major implications for that struggle. But with an apparently divided high court, the outcomes may turn on Justice Anthony Kennedy.
The U.S. Supreme Court on Friday agreed to decide whether states can impose criminal penalties on someone who, in the absence of a warrant, refuses to take a chemical test to detect alcohol in his or her blood.
Attorney Michael Piuze stunned the plaintiffs bar when he got a record $28 billion punitive damages verdict in 2002 for a Los Angeles woman who sued Philip Morris after being diagnosed with lung cancer. On Thursday, a federal jury in Los Angeles awarded $900,000 in noneconomic damages on behalf of the woman’s daughter, Jodie Bullock.
A Massachusetts businessman accused of bilking a federal disabled-veterans program cannot shield his communication with his lawyers at the firm Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, the U.S. Court of Appeals for the First Circuit ruled this week. A three-judge panel, upholding a trial judge's ruling, found that the "crime-fraud exception" applied.
As demonstrators shouted at the U.S. Supreme Court during a public session in April, Justice Antonin Scalia said on an open microphone, "Give them stiff, stiff sentences," according to a tape and transcript of the incident that has surfaced in the prosecution of the protesters. Justice Clarence Thomas also chimed in. Referring to one of the demonstrators, he said, "That's the same guy from last time." As other protesters rose to shout at the court and were taken out of the courtroom by police, Thomas added, "Pretty soon we might have an empty room."
Senate Minority Leader Harry Reid, D-Nevada, on Thursday condemned as "deeply disturbing" a question that Justice Antonin Scalia asked from the bench yesterday in arguments over the University of Texas at Austin's race-conscious admissions program.
Lawsuits filed over the cyberattack of extramarital site AshleyMadison.com have been coordinated before a federal judge in St. Louis. Avid Life Media Inc., the Toronto-based parent company of Ashley Madison, and some of the plaintiffs attorneys had pushed for the Missouri judge. Others had argued for districts in California and Illinois.
Taking a second look at the use of race in admissions at the University of Texas at Austin, the U.S. Supreme Court on Wednesday appeared as deeply divided as it was during arguments three years ago. One key justice—Anthony Kennedy—suggested the case may be sent back to the district court in order to get answers to some of the justices' still unanswered questions about the continuing need to use race to achieve a diverse student body.
The U.S. Supreme Court heard oral arguments Wednesday in the second installment of Fisher v. University of Texas at Austin, a challenge to the school's race-conscious admissions policy. We highlight key moments from the oral argument.
In the latest round of enforcement against deceptive advertising, the Federal Trade Commission reached settlements Wednesday with four national retailers the agency accused of mislabeling rayon products as being made of bamboo. The retailers—Bed Bath & Beyond Inc., J.C. Penney Co. Inc., Nordstrom Inc. and Backcountry.com LLC—will be barred from making inaccurate claims about bamboo content and also be required to pay a combined $1.3 million in civil penalties.
Vincent "Trace" Schmeltz III, the Barnes & Thornburg partner in Chicago who got in trouble for tweeting photos of a federal criminal trial, has proposed that his punishment include a $1,000 donation, legal training and pro bono service. "Mr. Schmeltz deeply regrets that this occurred and has learned a valuable lesson," a lawyer for Schmeltz said.
In back-to-back arguments Tuesday, the U.S. Supreme Court stepped back in time nearly a half century, questioning long-held assumptions and decisions on the meaning of the constitutional principle of "one person, one vote." The time travel was obviously frustrating to some justices and some of the lawyers in the two separate cases before them.
The U.S. Supreme Court took note of a rare occurrence on Monday: a confession of error by the solicitor general. Such confessions take place only a couple of times a term, when the solicitor general disavows a position taken at earlier stages of a case and tells the justices that he or she should have lost instead of winning.
Almost a full year after Nebraska and Oklahoma sued Colorado over its legalization of marijuana, the litigation is languishing on the U.S. Supreme Court's docket as it awaits the views of the Obama administration. The unusual lawsuit, which invokes the high court's "original jurisdiction" over disputes between states, was filed last year on Dec. 18 last year. More than seven months ago, the justices on May 4 invited U.S. Solicitor General Donald Verrilli Jr. to file a brief in the case. The average wait time for the most recent invited briefs submitted by the solicitor general's office was roughly four months.
When Pablo Casellas-Toro—the son of a Puerto Rico federal judge—faced criminal charges, judges from other circuits were brought in to handle the trial and appeal. It's a rare, but not unheard of, situation.
The U.S. Supreme Court on Tuesday did not appear ready to completely discard the traditional way of drawing legislative districts nationwide, as it heard arguments in a Texas case that could recast thousands of electoral maps. The case before the court, Evenwel v. Abbott, is a challenge by two Texas voters claiming that legislative districts should be drawn so that they contain roughly equal numbers of eligible voters&MDASH;not just equal numbers of people.
Lisa Blue has always been captivated by politics. Her late husband, Fred Baron, a prominent trial lawyer in Dallas, was a Democratic fundraiser who played key roles in the presidential campaigns of John Edwards. Baron died in 2008. Blue's involvement in politics became more pronounced this past year after serving as president of the American Association for Justice, the nation's largest plaintiffs bar organization. Blue, who ended her tenure this summer, is now an influential fundraiser for Hillary Clinton. She talks with the NLJ about her support for Clinton and about legal issues for the 2016 election.
For much of November, General Electric Co. had fought in federal court to defend the planned sale of its appliance business to Electrolux AB.
But on Monday, with the case still pending, General Electric bailed on the $3.3 billion deal with the Swedish maker of Frigidaire, Kenmore and Tappan appliances.
In 2014, Neal Katyal scored the biggest victory for Indian tribes in the U.S. Supreme Court in at least 25 years. On Monday, his chances of another tribal win before a high court generally hostile to those interests appeared poor.
Two veterans of the U.S. Supreme Court bar sparred on Monday over the validity of a 36-year-old precedent that allows states to be sued in other states' courts. Las Vegas-based inventor Gilbert Hyatt, represented by Farr & Taranto's H. Bartow Farr, is fighting to hold onto a million-dollar judgment he won in Nevada state courts against the Franchise Tax Board of California. Bancroft's Paul Clement, representing the board, spent the bulk of his oral argument saying Nevada should not have been able to haul another state's agency into its courts in the first place.
The U.S. Supreme Court on Monday denied review of a closely watched gun rights case over the strong objection of Justices Clarence Thomas and Antonin Scalia. In a rare dissent from denial of review in Friedman v. City of Highland Park, Illinois, Thomas scolded lower federal courts—including the U.S. Court of Appeals for the Seventh Circuit, which ruled in the case—for misinterpreting the high court's 2008 decision that declared an individual right to bear arms under the Second Amendment.
During his long career in the law, retired Justice John Paul Stevens has earned many accolades and awards, including the Presidential Medal of Freedom, the nation's highest civilian honor. Add now to that list: film star.
For the third time since 2010, Judge David Tatel on Friday heard arguments in a case that tests the federal government’s authority to regulate the Internet. A few factors, including his colleagues' stock holdings, may have boosted his chances of being assigned.
The U.S. Supreme Court on Friday agreed to referee a long-running dispute between Jenner & Block and the Equal Employment Opportunity Commission over $4.6 million in attorney fees awarded to a client of the law firm.
Drawing on the support of two Republican lawmakers and a former U.S. Education Department lawyer, a Washington-based accrediting organization said Wednesday the Consumer Financial Protection Bureau has no authority over the evaluation of colleges. The agency took the accreditor to court in October, setting up a fight over the scope of the agency's investigative authority.
Federal district judges in Washington and California have split on whether online television-streaming provider FilmOn X LLC is entitled to a cable license, setting the stage for appellate judges to again consider the legality of the service. Broadcasters defeated the company in Washington in follow-up litigation to the Supreme Court's Aereo ruling but lost in a California federal district court.
U.S. Supreme Court justices have looked at your petition for review a whopping seven times without deciding whether to take it. Are you in relist limbo without a chance of the redemptive four votes needed to open the courtroom gates?
Plaintiffs lawyers who brought a challenge to a political redistricting plan in Albuquerque were wrongly ordered to pay $48,217.95 in attorney fees as a sanction for dragging out the litigation, a federal appeals court ruled Tuesday. A panel majority sent the case back to the trial court for further consideration. The dissent said no sanction should be imposed.
A federal trade secrets protection bill that’s championed as a safeguard of innovation and criticized as potentially harmful to unwitting employees got its first look Wednesday in the Senate Judiciary Committee. The Defend Trade Secrets Act gives federal courts the ability to order "seizure of property necessary" to stop the dissemination of stolen trade secrets.
Target Corp. has agreed to pay $39 million to settle litigation brought by banks and credit unions over its 2013 data breach. The proposed agreement, scheduled to go before U.S. District Judge Paul Magnuson in Minnesota for preliminary approval on Wednesday, is the first class action settlement involving financial institutions harmed by a data breach.
In a case highlighting jurisdictional disputes between U.S. and tribal courts, a federal appeals court has granted a key victory to the Godfrey & Kahn law firm involving malpractice claims over a $50 million bond deal for a Native American tribe in Wisconsin.
When he served as U.S. attorney for South Dakota and chairman of the U.S. Justice Department’s Native American Issues subcommittee, Brendan Johnson learned firsthand the quality of Indian tribal courts. Today, he doesn’t like the picture of tribal justice that a multibillion-dollar corporation is painting for the U.S. Supreme Court.
A top Obama administration securities enforcer clashed Tuesday with Google Inc.'s information-security director over a proposed email privacy bill that has found bipartisan support in the House and the Senate. Andrew Ceresney, the U.S. Securities and Exchange Commission's Enforcement Division director, wants administrative carve-outs to the bill. Google's Richard Salgado, the company's director of law enforcement, supports the bill as written.
The U.S. Supreme Court ruled unanimously on Tuesday that an American woman injured in an Austrian train accident cannot sue the railroad in U.S. courts merely because she purchased her ticket online in the United States. The decision, the first signed opinion of the current term, is the latest in a series of rulings in which the high court has limited the use of U.S. courts as forums for adjudicating wrongs that took place primarily outside the country.
The Equal Employment Opportunity Commission gets little respect and deference from the Roberts Court in general, and from its more conservative members in particular. But Justice Samuel Alito Jr.'s frustration seemed justified Monday when he asked during arguments why the agency doesn’t "just change the rule" that’s created a deep split in the lower courts over when someone who quits a job because of illegal discrimination can bring a claim for so-called constructive discharge.
It must have been a hectic Thanksgiving for the small group of lawyers at the U.S. solicitor general's office. They will argue in eight of the 10 cases the U.S. Supreme Court was set to hear in the session that began Monday.
Paul Weiss partner Roberta Kaplan made her high court debut when she argued against the federal Defense of Marriage Act in the U.S. Supreme Court. Kaplan spoke with National Law Journal reporter Zoe Tillman about her new book about the case.
The U.S. Supreme Court on Monday asked the Obama administration for its views on a controversial case that tests whether a U.S. Border Patrol agent violated the Fourth Amendment when he shot and killed a Mexican teenager standing on Mexican soil. The high court's action in Hernandez v. Mesa is a signal that the justices are interested in the dispute and could grant full review at a later date. Several U.S. government agencies were named parties at earlier stages of the case, but in the appeal now before the court, only the Border Patrol agent is named as a defendant.
When the U.S. Supreme Court hears a second round of arguments Dec. 9 on the use of racial factors in admitting new students at the University of Texas, it will mostly — but not totally — be a case of déjà vu all over again.
A woman claiming to be the longtime companion of Sumner Redstone has turned to powerhouse entertainment lawyers Bertram Fields and Pierce O’Donnell to challenge the media mogul’s mental capacity to make decisions about his health care.
A federal judge has found that although there was probable cause to believe General Motors Co. committed a crime in failing to disclose a deadly ignition-switch defect, plaintiffs lawyers failed to prove that GM's outside lawyers at King & Spalding should have to turn over their internal notes and memos on the matter.
The makers of pharmaceuticals including OxyContin and Percocet are moving a second time to dismiss a groundbreaking suit filed by the city of Chicago that links the use of the opioids to a growing population of drug addicts.
The maker of the popular Madden NFL video games is asking the U.S. Supreme Court to decide whether the First Amendment protects it from lawsuits by athletes who want to be paid for the use of their likenesses.
A committee of federal judges in Chicago will decide whether to punish Barnes & Thornburg partner Vincent "Trace" Schmeltz III, who was caught tweeting photos from a federal criminal trial. Schmeltz appeared in court Tuesday, where he apologized. On this page, read Schmeltz's response to the rule to show cause.
A committee of federal judges in Chicago will decide whether to punish a white-collar partner at Barnes & Thornburg who was caught tweeting photos from a criminal trial. In a written response filed with the court, Vincent "Trace" Schmeltz III admitted tweeting photos of evidence. Schmeltz "formally apologizes" and is "sincerely remorseful for his conduct," his lawyer at Sidley Austin wrote in the document.
An Atlanta-based medical testing company that claims to have been put out of business under the weight of a Federal Trade Commission data-privacy investigation is now suing three agency attorneys for allegedly bringing a case based on "fictional" evidence.
Law professor G. Robert Blakey—famous for writing federal anti-racketeering laws and investigating the assassinations of President John F. Kennedy Jr. and Martin Luther King Jr.—was recently sanctioned in Washington for advising a former student to disclose confidential client documents.
When U.S. Supreme Court Justice Antonin Scalia suggested last week that allowing judges in a democracy to decide which minorities to protect could encourage pederasts and child molesters to seek constitutional protection, his remarks were offensive to some but old-hat to others.
James Cole, the U.S. deputy attorney general from 2010 until January, swung repeatedly at his Justice Department successor's signature reforms on white-collar criminal prosecutions Friday, calling them a departure from reality and "impractical." Cole, who spoke at an American Bar Association Section of Business Law meeting, said: "As the memo is put into practice, I think this all-or-nothing approach [on corporations earning credit for cooperating with the government] will prove to be impractical."
Against a contentious national debate over immigration and refugee policies, the U.S. Justice Department on Friday urged the U.S. Supreme Court to overturn a lower court's "unprecedented nationwide injunction" against the Obama administration's plans to temporarily defer deportation of nearly 5 million undocumented immigrants. The administration said the decision by the U.S. Court of Appeals for the Fifth Circuit warranted "immediate review."
A nonprofit consumer advocate on Thursday challenged extensive redactions and sealed filings in MetLife Inc.'s lawsuit in Washington federal court over the company's designation by financial regulators as "too big to fail." Better Markets said MetLife's lawyers at Gibson, Dunn & Crutcher and the Justice Department attorneys for the oversight panel "have created a litigation record largely shrouded in secrecy."
Justice Stephen Breyer spoke Thursday about the centrality of the rule of law to guarantee human rights, and its fragility even in the countries where it is most established. Breyer made his remarks at the 32nd annual Robert F. Kennedy Human Rights Award ceremony honoring Russian lawyer Natalia Taubina for her work on behalf of police abuse victims in her country. Forty-seven activists from 29 countries have received the award since 1984.
The U.S. Department of Justice is fighting the public release of emails sent by former Montana federal judge Richard Cebull, who retired after reports surfaced that he sent a racist email about President Obama from his courthouse account.
U.S. Department of Justice Civil Rights Division leadership came under attack during a Senate Judiciary subcommittee hearing on Tuesday about the DOJ's relationship with state and local law enforcement.
The U.S. Securities and Exchange Commission brought fraud charges Tuesday against nine people who allegedly carried out a $78 million "pump-and-dump" scheme with stock of Jammin' Java Corp., a coffee company that was founded by one of Bob Marley's sons and uses trademarks of the late reggae legend.
U.S. Attorney General Loretta Lynch, making her first appearance before the House Judiciary Committee for a wide-ranging oversight hearing, distanced the U.S. Justice Department from comments made last month by FBI Director James Comey on the country's ability to adequately vet Syrians who seek refuge in the United States.
Court papers filed this week by Arnold & Porter offer a behind-the-scenes look at how the firm screened off a recent hire from the Washington Redskins trademark dispute. The new attorney clerked for the federal trial judge who oversaw the case and whose ruling is now on appeal.
U.S. Supreme Court Justice Antonin Scalia said Monday that allowing judges in a democracy to decide which minorities deserve protection could encourage child molesters and other unpopular groups to seek constitutional protection. During the talk Monday, Scalia also ridiculed recent proposals to cut law school programs to two years, suggesting instead that it might be better to go up to four years.
In a rare public war of words, top officials at the U.S. Department of Justice are pushing back against recent criticism about prosecutors' ethics from Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit.
Twice in the last month, the U.S. Supreme Court has thrown a last-minute wrench into planned oral arguments, causing lawyers to scramble to answer unanticipated questions from the justices as they prepare to make their case.
Nearly 30 years ago, the U.S. Supreme Court ruled that prosecutors could not strike potential jurors because of their race, and the court announced a test for determining race-based strikes. After decades of experience, the decision in Batson v. Kentucky does "not work well," according to the lawyer who argued and won the case.
Over the dissent of two justices, the U.S. Supreme Court on Monday declined to wade into a dispute over the refusal of the U.S. Department of Health and Human Services to disclose documents about a federal grant to Planned Parenthood.