Courts Litigation

Eastern District of Texas, Sam B. Hall in Marshall Texas

After 'TC Heartland,' Lawyers, Courts and Clients Race to Shape New Venue Rules

By Scott Graham and Tom McParland |

The Supreme Court set off a patent law earthquake with its venue decision TC Heartland v. Kraft Foods Group Brands. Three months later it's still unclear how far the shock waves will spread.

W.Va. Solicitor General Elbert Lin, Clean Power Plan Opponent, Will Leave Post

By Marcia Coyle |

Elbert Lin, West Virginia solicitor general who led the state's court fight against the Obama administration's Clean Power Plan, is leaving his post, according to the state's attorney general.

Advocacy Groups Side With Plaintiffs Alleging Unpaid Labor At For-Profit Prison

By Erin Mulvaney |

The organizations filing briefs supporting plaintiffs in the suit against GEO, a massive for-profit prison company, include the Southern Poverty Law Center and the National Employment Law Project.

ford logo

Ford Motor Will Do More Than Just Pay Up In Harassment Settlement

By Erin Mulvaney |

On top of a $10.1 million payment, the automotive company will have to work on its programs to prevent harassment and discrimination in the workforce.

An EpiPen set during a House Oversight Committee hearing on Capitol Hill addressing the price increase of the company's EpiPen product.

Mylan Settles EpiPen Pricing Claims for $465M

By Max Mitchell |

Mylan has agreed to pay $465 million to settle claims that the Pennsylvania-based ­drugmaker misclassified its EpiPen allergy medication to avoid paying Medicaid rebates.

Sarah Louise Palin is an American politician, commentator, and author who served as the 11th Governor of Alaska from 2006 until her resignation in 2009.

Editorial Not Meant to Directly Link Palin to 2011 Arizona Shooting, Times Writer Says

By Andrew Denney |

A New York Times editorial that Sarah Palin said linked her to a 2011 mass shooting was intended to communicate that the incident was a product of a charged political atmosphere, not that it was caused directly by the former Alaska governor's rhetoric, the editor of the Times' editorial page said on Wednesday.

Neo-Nazis, white supremecists and other alt-right factions scuffled with counter-demonstrators near Emancipation Park (Formerly

Was Charlottesville Domestic Terrorism? This Law Firm Says It Was

By Cogan Schneier |

Attorneys for the Miller Firm, based in Orange, Virginia, filed a lawsuit in Charlottesville Circuit Court on Tuesday on behalf of two sisters who said they were injured when their car was rammed during the “Unite the Right” rally last weekend in Charlottesville.

ABA and Jones Day to Launch Legal Website for Veterans

By Gabrielle Orum Hernandez |

The platform, VetLex, will connect attorneys and legal organizations to veterans’ legal matters.

Neo-Nazis, white supremecists and other alt-right factions scuffled with counter-demonstrators near Emancipation Park (Formerly

Why Charlottesville Attack Might Not Be Prosecuted as a Hate Crime

By Marcia Coyle |

The killing of a legal assistant allegedly committed by a participant in the Charlottesville, Virginia, white supremacist rally over the weekend triggered calls for the defendant to face hate crime charges. But the U.S. Supreme Court has shown hate crime prosecutions present difficult legal problems.

Donald Trump at a campaign rally in 2016.

'Uncharted Waters' for First Amendment in Trump Twitter Suit?

By B. Colby Hamilton |

Attorneys for the U.S. Department of Justice said a preliminary injunction to force President Donald Trump to unblock a group of plaintiffs on Twitter would "send the First Amendment deep into uncharted waters," according to a letter filed Aug. 11 .

Neo-Nazis, white supremacists and other alt-right factions during a

Can an Employer Fire a White Supremacist?

By Erin Mulvaney |

The naming and shaming of a number of participants in the weekend's "Unite the Right" rally has underscored some tricky questions about how discriminatory views should be treated in the workplace.

Neo-Nazis, white supremacists and other alt-right factions scuffled with counter-demonstrators near Emancipation Park (formerly Lee Park) in downtown Charlottesville, Virginia.

Meet the Attorney Appointed to Defend Accused Charlottesville Attacker

By Cogan Schneier |

Charles Weber Jr., the defense attorney assigned to the case, is also a plaintiff in a lawsuit over the statue of General Robert E. Lee at the heart of the controversy.

ABA pic

ABA Calls for Bar Admission of Undocumented Law Grads

By Karen Sloan |

Undocumented law graduates should not be denied the opportunity to join the bar and practice law based solely on their immigration status, according to the American Bar Association.

U.S. Internal Revenue Service building in Washington, D.C.

Jenner Lawyers Attack 'Uber Tax Crime Law' in New High Court Term

By Marcia Coyle |

Jenner & Block's Matthew Hellman will oppose the government this term in "Marinello v. United States" in which he argues the government is using an "omnibus" clause in the tax code as an "uber tax-crime statute."

Todd Hughes.

No Right to Jury Trial on Patent Fee Shifting, Federal Circuit Rules

By Scott Graham |

The appeals court affirmed attorney fee awards totaling $12 million in a pair of cases involving Alzheimer's disease research.

National Labor Relations Board in Washington, D.C.

Grad Students Win at U of Chicago—But Under Trump, Victory May Be Short-Lived

By Erin Mulvaney |

A new administration and new labor board members could reverse the victories won by grad students looking to unionize at U.S. universities.

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

CFPB Touts Recent Ruling to Ward Off Constitutional Challenges

By C. Ryan Barber |

The CFPB made sure Wednesday that a decision in Pennsylvania doesn't go unnoticed in Minnesota and Manhattan, where it’s facing similar motions to dismiss cases.

Randolph Moss.

Federal Judge Calls Trump's '2-for-1' Regulations Order 'Shadow Process'

By Cogan Schneier |

Judge Randolph Moss pushed Deputy Assistant Attorney General Brett Shumate on the limits of presidential authority in rulemaking during a hearing in Washington, D.C., Thursday.

Lawrence Sher

Reed Smith's Sher Talks About Molina's $52 Million ACA Win and What's Next

By Kristen Rasmussen |

A federal judge ruled on Aug. 4 that Molina Healthcare, based in California, is owed $52 million from the federal government under the ACA's Risk Corridor Program. Its lead outside counsel talks about the victory and what's next in this and related cases.

Google campus

Google Engineer's Viral Memo Sparks Legal Questions

By Erin Mulvaney |

Fired Google engineer James Damore has filed a complaint with the NLRB and may have other legal remedies he can pursue.

Randolph Moss.

DC Court to Hear Challenge to Trump's '2-for-1' Regulation Crackdown

By Cogan Schneier |

The lawsuit, which aims to upend a key part of the president's deregulatory agenda, could hinge on standing.

Google offices in Santa Clara, California

Google Engineer Firing: 'No-Brainer' or More Complicated?

By Sue Reisinger |

James Damore's dismissal raises questions about how to handle workers who make controversial statements.

Near Retirement, Judge Thelton Henderson Chafes at 'So-Called Judge' Label


SAN FRANCSICO — U.S. District Judge Thelton Henderson says his last “official” day on the bench will be Friday, Aug. 11.

UPS Pays $2M to Resolve EEOC's Disability Discrimination Case

By Erin Mulvaney |

The United Parcel Service Inc. agreed to pay $2 million to resolve a long-running nationwide dispute with former and current employees who claimed the company's inflexible leave policy unfairly positioned disabled workers, the U.S. Equal Employment Opportunity Commission said Tuesday.

Affordable Care Act.

Judge Backs Health Insurer Molina in $52M ACA Suit, but It's Not the End

By Kristen Rasmussen |

Although a federal claims court judge ruled last week that Molina Healthcare Inc. is owed more than $52 million under the risk corridor program, that's not the end of the matter, the company's lead attorney says.

Coal export terminal.

Coal Magnate Hits at ACLU Brief Backing HBO Comedian

By Todd Cunningham |

Attorneys for Robert "Bob" Murray and the Murray Energy Corp. on Monday filed an objection in Marshall County Circuit Court to an amicus brief submitted last week by the West Virginia ACLU in Murray's defamation suit against the late-night comedy show host John Oliver, HBO and Time Warner.

Todd Hughes.

Federal Circuit Weighs $1.4M Fee Award in the Original 'Octane Fitness' Case

By Scott Graham |

Three years after the U.S. Supreme Court eased the standard for awarding “exceptional case” attorney fees in patent litigation, the parties in that case are still fighting about—and incurring—fees.

Jamie Gorelick of Wilmer Cutler Pickering Hale and Dorr

Wilmer, Counsel to Kushner, Challenges Trump's Immigration Policies

By Katelyn Polantz |

The leading lawyers on Chicago's new challenge to the Trump administration’s immigration policies are names that you've heard before. A half-dozen lawyers from Wilmer Cutler Pickering Hale and Dorr are representing the Windy City.

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

Podcast Concept Isn't Patentable, Court Rules

By Scott Graham |

The Electronic Frontier Foundation scored a win Monday in its assault on a patent that claimed to cover the very idea of a podcast.

Wells Fargo

Wells Fargo's Whistleblower Problem Could Grow Substantially

By C. Ryan Barber |

Two weeks after being ordered to reinstate a branch manager fired for raising concerns about improper sales practices, Wells Fargo & Co. has acknowledged it could have a much larger whistleblower problem in the aftermath of a $185 million settlement with federal regulators and Los Angeles last year over allegations the bank opened up to 2.1 million unauthorized accounts.

UK Mergers

Wilmer Hire Bolsters Linklaters' US White-Collar Expertise

By James Booth |

Douglas Davison, a longtime partner at Wilmer Cutler Pickering Hale and Dorr in Washington, D.C., has left the firm to join the London-based legal giant Linklaters in the nation's capital.

Washington, D.C.

Growth is Hard for Bracewell DC’s Office; Two New Solo Firms Hit the Town; Fielding Tapped for Trump Jr.’s Defense

By Katelyn Polantz |

Washington Wrap is a weekly roundup of Big Law hires and other Washington, D.C., legal industry news.

National Labor Relations Board in Washington, D.C.

DC Circuit Resolves CNN's NLRB Case, but Joint-Employer Standard Still in Limbo

By Erin Mulvaney |

The employment community will continue to await a U.S. Court of Appeals for the D.C. Circuit decision on the fate of a National Labor Relations Board standard for what constitutes a joint employer relationship. A ruling Friday in CNN's dispute with the NLRB touched on the issue but did not come to a conclusion.

David Gindler, Irell & Manella partner

Irell Avoids Shock Verdict in Defibrillator Patent Case

By Scott Graham |

Normally, a $10 million verdict is nothing to crow about. But Irell partner David Gindler called it an "amazing outcome" for his client considering Dutch electronics corporation Koninklijke Philips N.V. was seeking $217 million.

Kerrie Campbell

Partner in Sex Bias Case Says Norton Rose Fulbright Pushed Chadbourne to Fire Her

By Christine Simmons |

Norton Rose Fulbright, now a defendant in a $100 million gender discrimination lawsuit that was originally filed against merger partner Chadbourne & Parke, is facing new claims that it aided and abetted Chadbourne's conduct by encouraging the firm to fire named plaintiff Kerrie Campbell before the merger deal closed.

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

Justice Department Gets Chance to Whack the CFPB in Florida Court

By C. Ryan Barber |

A federal judge in Florida has opened an opportunity for the U.S. Justice Department to undercut the Consumer Financial Protection Bureau in one of its biggest cases, teeing up a new fight as the Trump administration and Republicans in Congress ramp up their own attacks against the Obama-era agency.

Labor Advocates, Citing Trump Uncertainty, Want to Jump Into EEOC Case

By Erin Mulvaney |

Civil rights groups want to intervene in a long-running case in Texas over the U.S. Equal Employment Opportunity Commission's stand on employers citing criminal background checks in hiring decisions, arguing in part that the Trump administration gives them doubt the agencies will "zealously" defend the protections in place.

Cyber Security.

DC Circuit Reverses Dismissal of Case Over Cyberattack, Finding Possible Harm in Data Loss

By Amanda Bronstad |

Calling for a broader view of standing, a federal appeals court in Washington, D.C., has reversed dismissal of a case brought over the 2014 cyberattack of health insurer CareFirst. The D.C. Circuit decision comes in one of the first data breach cases to address standing under the U.S. Supreme Court's holding in Spokeo v. Robins.

HBO's John Oliver with Robert Murray (inset)

ACLU Brief Backing HBO Satirist John Oliver Mocks Coal Magnate's Defamation Suit

By Todd Cunningham |

The American Civil Liberties Union has filed an amicus brief in support of John Oliver, HBO and Time Warner, all of whom have been targeted in a defamation lawsuit filed by coal mogul Robert Murray over comments made on the comedian's "Last Week Tonight" late-night TV show.

California Attorney General Xavier Becerra

DC Circuit Twice Says Democratic State AGs Can Fight Trump

By Cogan Schneier |

Democratic state attorneys general scored two wins in D.C. Circuit Court in 24 hours allowing them to defend Obama-era health care and environment policies under threat from Republicans and the Trump administration.

Donald Trump Jr.

Trump's Work on Son's Press Statement Adds Yet Another Piece to His Legal Puzzle

By Cogan Schneier |

Former prosecutors say Trump's involvement in crafting a statement for his son, Don Jr., isn't necessarily obstruction of justice.

This footnote in the Redskins' intellectual property fight in the U.S. Court of Appeals for the Fourth Circuit grabbed some attention.

Most Memorable Footnote? Here's What a Few Lawyers Told Us.

By Marcia Coyle |

A federal agency brief that a Washington judge threw out recently might be memorable for what the court called "excessive" footnotes—48 of them, stretching hundreds of lines. We asked a few veteran U.S. Supreme Court and appellate lawyers to share the footnotes that, for them, have stood the test of time.

Dial Soap

1st Circuit Dissenter: Courts Must Eye 'Ascertainability' of Consumer Classes

By Amanda Bronstad |

A federal appeals court judge called on his colleagues on Monday to step into a growing class action debate that has reached the U.S. Supreme Court.

Chipotle Wants Lawyers in Overtime Suit Sanctioned for Contempt

By Erin Mulvaney |

Attorneys for Chipotle Mexican Grill Inc. on Tuesday said a lawsuit filed against the company in New Jersey represented a “dismissive attitude” toward a court order that halted the contentious Obama-era labor rule that made millions of workers eligible for overtime.

Supreme Court nominee Merrick Garland.

Merrick Garland, in MetLife's 'Too Big to Fail' Dispute, Rules for Transparency

By C. Ryan Barber |

A federal appeals court in Washington ruled Tuesday that a district judge should not have allowed extensive redactions and sealed filings in MetLife Inc.'s fight with financial regulators over the company's designation as "too big to fail," in a unanimous opinion that trumpeted the public's right to access court records.

Williams & Connolly Denies Plans to Pursue Merger with Quinn Emanuel

By Roy Strom and Katelyn Polantz |

In any deal, the two hard-charging litigation firms would have to overcome a significant gap in profitability.

The 2017 Washington Legal Departments of the Year

The National Law Journal spotlights seven companies in the Washington area that have effectively managed corporate counsel operations in areas including overall performance, scoring big deals or litigation success, managing outside counsel, promoting diversity and handling compliance and regulatory matters.

Washington Post lawyers James McLaughlin, Deputy General Counsel & Director of Government Affairs, left, and Jay Kennedy, Vice President, General Counsel and Labor, right, in Washington, DC on June 29, 2017.

Washington Post Team Tackles New Territory

By Cogan Schneier |

The Washington Post's small but strong legal team last year successfully handled legal challenges from executing licensing deals to bringing an imprisoned journalist home.

Hilton Worldwide Holdings Inc. general counsel Kristin Campbell.

Hilton Legal Team Wraps Big Spinoff Project

By June Bell |

Hilton Worldwide Holdings Inc.'s legal team had a frenetic 2016. But it was also a deeply satisfying year, as the legal team led by general counsel Kristin A. Campbell spearheaded a complex spinoff of the company's real estate assets and completed a staggering amount of work on time and under the company's $25 million budget for the project.

Vincent Maffeo, General Counsel of Leidos.

At Leidos, Growth Managed With Keen Eye

By Victoria Finkle |

Leidos effectively doubled in size last year when it merged with Lockheed Martin's $5 billion information technology business, and the government services giant's lawyers have been working hard to ensure the process unfolded smoothly.

Ed Ryan, General Counsel of Marriott International, Inc.

After $13B Deal, Marriott GC Reflects on Work

By Richard Acello |

Last September, Marriott Corp. closed on its $13 billion acquisition of Starwood Hotels & Resorts Worldwide, forming the world's largest hotel chain. The acquisition brought together some of the industry's best-known brands, including Marriott, and its Courtyard and Ritz-Carlton brands, as well as Starwood's Sheraton, Westin, W Hotel and St. Regis properties.

Defense Lawyers in Taxotere Litigation Decry Ill Effects of Outside Funding

By Amanda Bronstad |

Multidistrict litigation is "littered with examples of undisclosed non-party involvement gone wrong," according to Sanofi-Aventis U.S. LLC in a motion renewing its demand that plaintiffs attorneys disclose outside funding of lawsuits filed over breast cancer drug Taxotere.

In 'Case of the Incredible Shrinking Airline Seat,' DC Circuit Grounds FAA

By Cogan Schneier |

The appeals court sided with a passengers' group that the FAA should reconsider a petition to regulate aircraft seat sizes.

Ross Brooks, partner with Sanford Heisler Sharp.

Appeals Court Revives FCA Case Over Faulty Hip Implants

By Cogan Schneier |

The court allowed allegations that DePuy Orthopaedics sold defective hip implants to doctors who sought government reimbursement for them.

Bass Pro Shops store in Arundel Mills Mall in Maryland. July 10, 2014. Photo by Jenna Greene/NLJ.

How Bass Pro Resolved the EEOC's Long-Running Bias Case

By Erin Mulvaney |

Bass Pro Outdoor World LLC agreed to pay $10.5 million and bolster its efforts to hire a more diverse workforce at its retail stores that sell fishing, camping and hunting equipment, following a complaint brought by the U.S. Equal Employment Opportunity Commission. The nationwide settlement, ending a long-running employment discrimination case, comes with more than a hefty price tag. Here's a look at the requirements imposed on the company.

Trump Administration Lines Up Against EEOC in LGBT Workplace Rights Case

By Erin Mulvaney |

The Trump administration's U.S. Justice Department on Wednesday cast aside another federal agency's arguments that gay and lesbian employees should be protected from workplace sexual orientation discrimination under civil rights laws.

Trump International Hotel in D.C.

Trump's DOJ Is 'Misleading' Court in Emoluments Suit, New Study Claims

By Marcia Coyle |

A comprehensive study of the historical meaning of "emolument" broadly attacks the U.S. Justice Department for using an "inaccurate, unrepresentative and misleading" definition in its opposition to a lawsuit that accuses President Donald Trump of violating anti-corruption provisions in the Constitution.

Associate Justice Neil Gorsuch, left, and Chief Justice John Roberts Jr., right, walk down the steps of the U.S. Supreme Court after holding an Investiture ceremony for Justice Gorsuch, on June 15, 2017.

Roberts Is Uneasy About Invasive Police Devices. Gorsuch Has His Back

By Marcia Coyle |

Chief Justice John Roberts Jr. on Wednesday in New Zealand voiced concerns about the privacy implications of new technology that allows police to "see through walls," echoing the alarm his newest colleague, Justice Neil Gorsuch, first raised nearly three years ago.

HP Inc. and Hewlett Packard Enterprise logos.

HP Spinoffs Accused of Race Discrimination in Hiring, Promotions

By Ross Todd |

Two former and one current black HP employee claim they were repeatedly passed over for promotions.

Workplace Marijuana Rules Confronted in Discrimination Cases

By Erin Mulvaney |

Marijuana use in the workplace has become increasingly hazy as more states legalize the drug and employers grapple with how to adjust their policies to the complex jumble of new laws and court decisions.

Immigrant Bail Bond Company Sues Buzzfeed for $5M

By Cogan Schneier |

The company, Libre by Nexus, accused Buzzfeed of defamation in a story published last year.

U.S. Treasury Department in Washington

SEC Whistleblowers in Line for Windfall, and FTC Probes Amazon: Roundup

By C. Ryan Barber |

The Trump administration is touting the number of federal regulations that are on the chopping block. Exxon Mobil Corp.'s suing the U.S. Treasury Department over a $2 million fine for violating Russia sanctions. The Federal Trade Commission's looking at's discounting practices. And financial regulators appear to be pulling back on a plan to restrict Wall Street bonuses. This is a weekly roundup from ALM and around the web.

Mott's applesauce.

Is Washington, DC, the Nation's Next 'Food Court'?

By Cogan Schneier |

A nonprofit group represented by a longtime plaintiffs lawyer is challenging Mott's applesauce in a case that could be a sign of things to come.

Quinn Emanuel Urquhart & Sullivan offices in Washington, D.C. September 14, 2016. Photo by Diego M. Radzinschi/ALM

Ex-Secretary Accuses Quinn Emanuel of Racial Discrimination

By Roy Strom |

A former floating secretary who left the elite trial firm in 2015 claims he was subjected to racial slurs by a trial logistics director during the high-profile 2014 patent trial of Apple v. Samsung.

U.S. Treasury Department in Washington

Accused 'El Chapo' Associate Fights Treasury Sanctions in DC

By Cogan Schneier |

John Zabaneh claims unfair U.S. blacklisting destroyed his banana farm.

Neal Katyal of Hogan Lovells (left) and Jeffrey Wall, the acting U.S. solicitor general.

Neal Katyal Says Jeff Wall's Travel-Ban Stance Flouts 'Prior Views' of SG's Office

By Marcia Coyle |

In the latest clash in the U.S. Supreme Court over the Trump administration's travel ban, Hogan Lovells partner Neal Katyal, a former acting U.S. solicitor general, took a dig at Jeffrey Wall, the current holder of that post, over the office's "traditional position" when it comes to taking cases to the justices.

U.S. District Judge Colleen Kollar-Kotelly

Judge Declines to Open Up Trump Voting Commission Meeting

By Cogan Schneier |

The commission will hold its first meeting, via livestream, Wednesday.

Pharma Tech Industries website.

'Bristol-Myers' Disruptive Effect Nearly Instant in Missouri Talc Case, Transcript Shows

By Amanda Bronstad |

A newly available transcript from St. Louis Civil Court shows just how quickly the U.S. Supreme Court's game-changing decision in Bristol-Myers Squibb v. Superior Court of California transformed a Missouri case over the alleged link between talcum powder and cancer.

Casino Surveillance Techs Lose Union Fight in 'Ocean's Eleven' Dispute

By Erin Mulvaney |

A federal appeals panel in Washington rules against casino surveillance technicians in a union dispute that drew comparisons to the movie "Ocean's Eleven."

Procter and Gamble Headquarters.

Venezuelan Immigrant Sues Procter & Gamble, Alleging Discriminatory Hiring Practices

By Erin Mulvaney |

Venezuelan native David Rodriguez says Procter & Gamble rejected him from a paid internship because of his immigration status, despite being authorized to work in the U.S., according to a lawsuit he filed Monday in Florida federal court.

'Joint Employment' Rulings Face Tests in US Supreme Court, DC Circuit

By Marcia Coyle |

As the business community awaits a federal appellate court decision on the National Labor Relations Board's definition of "joint employer," another key labor case—one that also looks at the relationships between companies—is moving forward in the U.S. Supreme Court.

Eli Lilly headquarters located in Indianapolis, Indiana.  A

Eleventh-Hour Settlement in Cialis Patent Suit Clears Path for Generics

By Scott Graham |

Generic drug makers, including Teva, had been set to go to trial Monday against Eli Lilly & Co. The deal ends Lilly's exclusivity over Cialis in 2018.

Sullivan & Cromwell partner Jay Clayton testifies before the Senate Committee on Banking, Housing, and Urban Affairs during his confirmation hearing to become the next Chairman of the U.S. Securities and Exchange Commission in Washington. March 23, 2017.

CFPB Quarrels With OCC Over Arbitration Rule, Clayton's Agenda, and Uber Drivers Win Class Ruling: Roundup

By C. Ryan Barber |

The Consumer Financial Protection Bureau and the OCC are fighting over a new rule that would curtail forced arbitration in the banking industry. Uber drivers win a class certification ruling. SEC Chairman Jay Clayton lays out his agenda. This is a weekly regulatory roundup from ALM and around the web.

Plaintiffs Battling Against Higher Bar for Expert Testimony in Pharma Case

By Amanda Bronstad |

Plaintiffs lawyers hoping to revive 3,128 lawsuits over cholesterol drug Lipitor are asking an appeals court to overturn what they consider to be a heightened standard on expert evidence that could hasten the demise of other multidistrict litigation.

When Lawyers are CEOs, Good Things Happen (Most of the Time)

By Jenna Greene |

Move over philosopher-kings—let’s hear it for the lawyer-CEOs. A new study of publicly traded companies headed by chief executives who also have law degrees found that such companies don’t get sued as often, and when they do, the consequences of litigation are less severe.

Donald Trump at a campaign rally in 2016.

Twitter Users Blocked by President Trump File First Amendment Suit

By B. Colby Hamilton |

A group of Twitter users blocked by President Donald Trump are suing after a request to be unblocked on First Amendment grounds went unheeded.

Is the CEO Pay Disclosure Rule Still Alive? And: SEC Takes On 'Fake News'

By C. Ryan Barber |

CEOs are getting antsy about complying with an SEC rule that would expose compensation divides at companies. The SEC recently took on a "fake news" scheme. Federal trade regulators this week adopted an indemnity policy to protect its employees who get sued. And the Consumer Financial Protection Bureau's taking heat from an unlikely source: the National Credit Union Administration. This is a roundup of regulatory and compliance news from ALM and around the web.

U.S. Congressman Xavier Becerra (D-CA), Attorney General nominee for the state of California. December 8, 2016.

Becerra, Arguing EPA Inadequacy, Dives Into Energy Case

By Cheryl Miller |

California and seven other states on Thursday moved to defend Obama-era ozone pollution standards that Attorney General Xavier Becerra said may be left to die under Scott Pruitt's leadership of the U.S. Environmental Protection Agency.

U.S. Justice Department building in Washington

The Trump Justice Department's Aversion to Class Actions Will Have Wide Impact

By Marcia Coyle |

The recent switch by the Trump administration's U.S. Justice Department from opposing to defending bans on class actions in workplace arbitration agreements will have consequences beyond a trio of challenges the U.S. Supreme Court is set to hear this fall. The government this week, citing the high court switch, said it will no longer defend a class action provision in the U.S. Labor Department's fiduciary rule.

U.S. Supreme Court building.

Supreme Court Draws Crucial Distinction In Landmark Patent Exhaustion Decision

By Robin L. McGrath, The Intellectual Property Strategist |

The Supreme Court's decision in Impression Products v. Lexmark is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent.

U.S. International Trade Commission building.

Tessera, Covington Deal Blows to Broadcom in ITC and PTAB

By Scott Graham |

A win for patent licensing firm Tessera before the International Trade Commission could set the stage for an order barring import of products containing Broadcom's chips.

Donald Trump.

Why Trump's Attacks on Media Won't Touch Off Libel Suits

By Todd Cunningham |

Given the recent sharp increase in the volume and venom of President Donald Trump's shots at the media, is the timing right for journalists to consider suing him for issuing defamatory statements?

Professor Mark Lemley, Stanford Law School

Newegg Overcomes Acacia in Attorney Fee Fight

By Scott Graham |

The Federal Circuit on Wednesday ordered Judge Rodney Gilstrap of the Eastern District of Texas to award attorney fees to Newegg, writing that deference to district court judges "is not absolute."

U.S. Supreme Court

Justices' Broad View of 'Families' Is Tested in Trump Travel Ban

By Marcia Coyle |

The Trump administration may not view grandparents, aunts, uncles and others as having close enough family relationships in the United States to be excluded from the government’s travel ban, but the U.S. Supreme Court on at least two occasions, in different contexts, has recognized the importance of those family bonds.

New Hampshire Supreme Court Chief Justice Linda Stewart Dalianis. HANDOUT.

N.H. High Court OKs Contingency Fee Agreement in Opioid Marketing Litigation

By Kristen Rasmussen |

The New Hampshire Supreme Court recently dealt Big Pharma another blow as it challenges the government's practice of hiring attorneys on a contingency fee basis in litigation accusing the companies of deceptively marketing opioid painkillers.

U.S. Federal Trade Commission building.

New FTC Policy Would Shield Lawyers, Staff From Personal Liability

By C. Ryan Barber |

The Federal Trade Commission on Wednesday adopted an indemnity policy that will shield lawyers and other staff from any personal liability for enforcement actions that draw a lawsuit and expose them to a monetary judgment. The new policy comes as two FTC lawyers press for immunity, in court, over their roles in a data-breach case against the now-shuttered medical device company LabMD.

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

Trump Administration, in U.S. Appeals Court, Rebuffs Challenge to 'Fiduciary Rule'

By Mike Scarcella |

The U.S. Labor Department late Monday urged a federal appeals court to largely uphold Obama-era regulations that confronted and sought to curtail conflicts of interest in the retirement-investment market. The government asked the U.S. Court of Appeals for the Fifth Circuit to vacate one provision that restricts class-action waivers.

Luna the pit bull

Latham Partner's Lawyer Cites 'Dog Racism' in Condo Dispute

By McKenna Moore |

A breach of contract or dog racism? It depends on who you ask. Michelle Kelban-Carteron, co-chair of the real estate practice at Latham & Watkins, has retained a high-powered New York real estate lawyer to press the cause of her five-year-old pit bull, Luna.

James Rodney Gilstrap, during his confirmation hearing before the Senate Judiciary Committee to be United States District Judge for the Eastern District of Texas. July 27, 2011. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL..

Texas Judge Sets Patent Venue Test for a Post-TC Heartland World

By Scott Graham |

U.S. District Judge Rodney Gilstrap would allow suits to stay in the Eastern District of Texas even if a defendant has no physical presence there.

xxx neon

This Florida Adult Club Is Being Sued for Refusing to Hire a Male Bartender

By Mike Scarcella |

An adult entertainment club in the Florida panhandle is being sued by the EEOC for allegedly refusing to hire a male bartender. The club, Sammy's, subsequently hired at least two female bartenders at the club's Fort Walton Beach location, according to the U.S. Equal Employment Opportunity Commission. The agency said in a statement that "employers must realize that no person, male or female, can be denied employment based on sex." A representative for Sammy's wasn't immediately reached for comment.

Uber Gets Red Light in Bid to Settle Drivers' Wage Claim

By Amanda Bronstad |

In its attempt to settle wage claims affecting more than 1 million of its drivers, Uber just slid off the road. At a hearing on Friday, a Los Angeles judge tentatively rejected a $7.75 million settlement that would have resolved claims that its drivers have been misclassified under California law as independent contractors, rather than employees. At a hearing on Friday, lawyers for both Uber and the plaintiffs in the case vehemently fought back against Los Angeles Superior Court Judge Maren Nelson's concerns that the deal might have been the result of collusion.

U.S. Supreme Court building

'A World Apart': Why SCOTUS Keeps Slamming the Federal Circuit

By Scott Graham |

In the just-ended term, the U.S. Supreme Court reversed the Federal Circuit six times, wiping away patent law precedents that stood for decades. Would more face time heal the schism?

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

Trump's Labor Dept. Tells Court It Will Revise Obama's Overtime Rule

By Erin Mulvaney |

The U.S. Labor Department told a federal appeals court Friday that while it intends to revise the Obama-era rule that made millions of workers eligible for overtime pay the agency will continue to defend its authority to create and enforce such a regulation.

Deutsche Bank

Deutsche Bank Resists Push for Trump Records, and OSHA Rule Delayed Again: Roundup

By C. Ryan Barber |

Deutsche Bank's lawyers at Akin Gump Strauss Hauer & Feld are refusing Democratic lawmakers' demands for Donald Trump's financing records. Dechert partner Steven Bradbury, up for U.S. Transportation general counsel, takes heat over Takata. The U.S. Supreme Court agrees to hear a dispute about Dodd-Frank whistleblower protection. And OSHA's extending the delay on an Obama-era data-reporting rule. This is a regulatory roundup from ALM and around the web.

ABC logo

TV Network, Beef Products Co. Enter Undisclosed Settlement of Lawsuit Over 'Pink Slime' Claim

By Todd Cunningham |

ABC-TV and a food producer in South Dakota have agreed to an undisclosed settlement in a case stemming from television news reports that allegedly called the meat company's product "pink slime."

AARP headquarters in Washington, D.C.

Hiring, Not Firing, Is a New Focus in Age Discrimination Suits

By Erin Mulvaney |

Management tactics that weed out older workers have pushed federal regulators and anti-discrimination groups to train an eye on hiring rather than firing when it comes to protecting against age bias, an effort advocates acknowledge is a steeper hill with increasingly narrowed protections for aging workers.

The Capitol Building in Washington, D.C.

After Years of Setbacks, Patent Owners Try to Turn Tide in Congress

By Scott Graham |

The STRONGER Patent Act of 2017, sponsored by Delaware Sen. Chris Coons, would undo recent U.S. Supreme Court rulings that have weakened patents. But lawmakers may have other priorities.

Class Action Decision Could Be Harbinger of Gorsuch's Textualist Approach

By Amanda Bronstad |

Monday's U.S. Supreme Court decision in a closely watched securities case was the first class action in which newly appointed Justice Neil Gorsuch participated, and he didn't disappoint. Gorsuch joined the majority in the U.S. Supreme Court's 5-4 decision in "California Public Employees' Retirement System v. ANZ Securities," in which the court ruled that the time period after which a defendant could no longer be sued by shareholders was a statute of repose that couldn't be tolled.

Ted Olson, of Gibson, Dunn & Crutcher.

Justices' Fall Docket Grows With NJ Sports Betting Case, Securities Class Action

By Marcia Coyle |

The U.S. Supreme Court on Tuesday added six new cases to the fall term's argument docket, including New Jersey's challenge to a federal ban on sports betting at casinos and racetracks, a terror victim's attempt to attach Iranian assets, and shareholder efforts to bring certain securities claims in state courts.

U.S. Securities and Exchange Commission building.

DC Circuit Split Tees Up Supreme Court Review of SEC Judges

By Cogan Schneier |

The Supreme Court may have to decide the future of the SEC's administrative law judges after a rare 5-5 split between the judges on the U.S. Court of Appeals for the D.C. Circuit.

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

Scoring the Supreme Court’s Key Business Cases This Term

By Tony Mauro |

A look at the rulings that will have long-term impact for litigators and the companies they represent. While there were fewer business cases than usual, most were wins of significance, according to a review by Mayer Brown's Supreme Court and appellate practice.

Google offices in New York's Chelsea neighborhood

50 Companies Tell Court Sexual Orientation Discrimination Is Bad For Business

By Erin Mulvaney |

Fifty major companies, including Microsoft Corp., Google Inc. and S&P Global Inc., urged a New York federal appeals court Monday to embrace sexual orientation protection under civil rights laws, arguing that discrimination against gay and lesbian workers "takes a heavy toll" on bottom lines.

Anthony Kennedy.

Inside the Supreme Court, There Was Kennedy and Everyone Else

By Marcia Coyle |

The final day of the U.S. Supreme Court term almost always brings some drama with it—a rumored or surprise retirement, a landmark decision. The focus on this Monday was on Justice Anthony Kennedy and whether the court would say something about President Donald Trump's travel ban.

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

Corporate Whistleblowers Catch the Supreme Court's Attention

By C. Ryan Barber |

Federal appellate courts have struggled recently over exactly when a corporate insider becomes a whistleblower who's entitled to the Dodd-Frank Act's protections against retaliation. The U.S. Supreme Court's now jumping into the fray to resolve tension among the lower courts. The justices agreed Monday to take up the case Digital Realty Trust v. Somers from the U.S. Court of Appeals for the Ninth Circuit.

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

By Todd Cunningham |

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

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

By Todd Cunningham |

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

Associate Justice Neil Gorsuch.

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

By Marcia Coyle |

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

Robert Mueller

Mueller Bolsters Russia Team's Appellate Readiness in New Hire

By Marcia Coyle |

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

Circuit Finds Consumers Bound by Contracts in Robocall Suit

By B. Colby Hamilton |

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

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

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

By Kristen Rasmussen |

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

Judge Jerry E. Smith

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


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

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

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

By Marcia Coyle |

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

National Labor Relations Board in Washington, D.C.

Big Business Urges Justices to Uphold Bans on Employee Class Actions

By Marcia Coyle |

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

Federal Trade Commission

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

By C. Ryan Barber |

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

U.S. Supreme Court building.

SCOTUS Narrows Forum-Shopping in Big Pharma Action

By Tony Mauro |

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

Paul Smith.

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

By Marcia Coyle |

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

U.S. Patent & Trademark Office.

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

By Scott Graham |

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

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

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

By Katelyn Polantz |

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

U.S. Supreme Court building

Anticipation Builds for Huge SCOTUS Ruling on Forum-Shopping

By Tony Mauro |

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

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

Another Major Shooting Unfolds as Justices Weigh Latest Firearms Case

By Marcia Coyle |

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

U.S. Securities and Exchange Commission building.

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

By Melanie Waddell, ThinkAdvisor |

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

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

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

By Marcia Coyle |

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

Clarence Thomas.

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

By Scott Graham |

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

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

By Todd Cunningham |

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

biometric hand system

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

By Erin Mulvaney |

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

U.S. Supreme Court.

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

By Scott Graham |

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

U.S. Patent & Trademark Office.

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

By Scott Graham |

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

Law Firms React to Growing Wave of Whistleblower Lawsuits

By Sue Reisinger |

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

President Donald Trump

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

By Marcia Coyle |

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

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

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

By C. Ryan Barber |

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

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

J&J Brings Big Law Firepower for Talc Trials

By Amanda Bronstad |

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

Christopher Wray, King & Spalding.

Trump Tweets: King & Spalding Lawyer to Head FBI

By Katheryn Hayes Tucker and Katelyn Polantz |

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


Lit Funding Opponents Play Long Game in Bid for Transparency

By Ben Hancock |

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


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

By Erin Mulvaney |

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

U.S. Senator, Jeff Sessions, Alabama.

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

By Cogan Schneier |

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

Todd Hughes.

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

By Scott Graham |

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

Supreme Court Justice Sonia Sotomayor

Supreme Court Clips the Wings of SEC Enforcement

By Tony Mauro |

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

U.S. Supreme Court building.

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

By Marcia Coyle |

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

Tina Tchen.

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

By Erin Geiger Smith |

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

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

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

By Erin Mulvaney |

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

Justice Elana Kagan

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

By Marcia Coyle |

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

Will the Supreme Court Follow Trump's Tweets?

By Tony Mauro |

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

U.S. Chamber of Commerce.

US Chamber Pushes Rule to Expose Litigation Funding

By Amanda Bronstad |

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

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

How the Supreme Court Could Interfere With Mueller's Mandate

By Marcia Coyle |

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

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

By Erin Mulvaney |

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

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

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

By Tony Mauro |

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

oil refinery

SEC Bars Former PetroTiger GC Convicted in Bribery Case

By Sue Reisinger |

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

Ruth Bader Ginsburg.

SCOTUS Tightens Jurisdiction Rules – Again

By Tony Mauro |

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

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

By Erin Mulvaney |

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

John Rabiej.

MDL Critic Pushes Plan to Break Up Cases

By Amanda Bronstad |

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

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

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

By C. Ryan Barber |

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

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

Judge Tosses Racial Discrimination Suit Against Cleary

By Cogan Schneier |

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

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

By Erin Mulvaney |

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

Fox News offices in Washington, D.C.

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

By Jason Grant |

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

U.S. Justice Department headquarters in Washington.

Proposed DOJ Corporate Crime-Fighting Budget Suffers Few Cuts

By Sue Reisinger |

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

Mark Perry of Gibson Dunn & Crutcher.

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

By Cogan Schneier |

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

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

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

By C. Ryan Barber |

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

Danforth Newcomb and Cynthia Kassis of Shearman & Sterling

How Companies Can Keep Calm and Carry On While Under Investigation

By Sue Reisinger |

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

CFPB director Richard Cordray.

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

By C. Ryan Barber |

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

President Donald Trump

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

By Marcia Coyle |

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

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

By Erin Mulvaney |

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

Bud Abbott and Lou Costello perform

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

By P.J. D'Annunzio |

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

Skadden Loses a Tax Dispute, and Jenner Wins Fee Fight

By Marcia Coyle |

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

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

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

By Mike Scarcella |

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

U.S. Supreme Court building

Supreme Court Limits Venue Shopping in Patent Litigation

By Tony Mauro |

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