More Legal Times

Rep. Steve King, R-Iowa.

Attorney Drug Ads Draw Criticism, But Little Action After House Hearing

By Cogan Schneier |

Some lawmakers equated the drug ads to political advertisements, which may have a kernel of truth, but lack enough information to make a sound decision.

The White House in Washington, D.C.

Baker McKenzie Tax Lawyers Wade Into Trump Litigation

By Cogan Schneier |

The lawyers represent nonprofit group Citizens for Responsibility and Ethics in Washington and the National Security Archive at George Washington University, which claim Trump and his executive office are violating the Presidential Records Act.

Native American protest inside Union Station in Washington, D.C., in support of Standing Rock Sioux Tribe’s stance against the Dakota Access Pipeline, or DAPL. November 15, 2016.

Dakota Access Pipeline Legal Battle to Rage Through Summer

By Cogan Schneier |

Gibson Dunn, representing Dakota Access, must file its opening brief by July 17 regarding the Standing Rock Sioux’s request to shut down the pipeline. A decision is not expected for months.

U.S. Supreme Court Justice Anthony Kennedy

In First-of-Its-Kind Ruling, SCOTUS Strikes Down Law Barring Social Media Use by Sex Offenders

By Tony Mauro |

In a unanimous decision written by Justice Anthony Kennedy, the court made numerous references to the importance of social media as a source of news and a forum for the exchange of views.

Robert Mueller.

Mueller Recruits Another Lawyer from Solicitor General’s Office to Russia Probe

By Tony Mauro |

Elizabeth Prelogar, a former law clerk to Justices Ruth Bader Ginsburg and Elena Kagan, appears to be fluent in Russian. She formerly worked in private practice at Hogan Lovells.

The Slants

Supreme Court Rules First Amendment Protects Disparaging Trademarks

By Tony Mauro |

A high-profile trademark fight centered on the Asian-American rock band The Slants ended Monday with a ruling that the Lanham Act’s prohibition against “disparaging” marks violates the First Amendment.

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.

Matthew G. Kaiser of KaiserDillon. HANDOUT.

BADC President Matt Kaiser Hits Legal Ethics and 'Worst Client' Ever

By Cogan Schneier |

Kaiser, whose firm KaiserDillon often represents lawyers and firms in ethical dilemmas, was sworn in as president of the Bar Association of the District of Columbia on June 6.

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.

Charles Tobin, with Ballard Spahr

Ballard Spahr’s New Media Lawyer Dives in with Comey Memos Suit

By Cogan Schneier |

Roughly ten days after ditching Holland & Knight due to the firm’s alleged moratorium on challenging President Donald Trump, Tobin filed a lawsuit Thursday against the FBI on behalf of CNN.

Slideshow: Trump Drops by SCOTUS for Gorsuch Ceremony

By Marcia Coyle |

With President Donald Trump and First Lady Melania Trump watching, Justice Neil Gorsuch on Thursday was officially invested as the 101st associate justice of the United States in a brief, formal ceremony in the U.S. Supreme Court.

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.

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.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Gorsuch's Maiden Opinion: Terse, Plain-Spoken and Text-Based

By Tony Mauro |

Gorsuch's decision in Henson v. Santander Consumer USA followed the high court's tradition of giving the newbie a positive experience by assigning him or her to write in a relatively straightforward case likely to yield a unanimous decision.

U.S. Securities and Exchange Commission building.

Fiduciary Rule Goes Live, and SEC Calls Cyber the Biggest Market Threat: Regulatory Roundup

By C. Ryan Barber |

The U.S. Labor Department moves to rescind the Obama-era "persuader rule," which opened a door to greater disclosures about how companies try to thwart union-building efforts. Meanwhile, the DOL's fiduciary rule takes effect today, but court clashes continue. And this: the SEC calls cyber the biggest threat to markets. This is a roundup from ALM and other publications.

Deputy solicitor general Michael Dreeben

Mueller Enlists Top Criminal Law Expert for Russia Probe

By Tony Mauro |

Deputy SG Michael Dreeben, who has argued more than 100 cases before the U.S. Supreme Court, will assist Bob Mueller on a part-time basis, according to those familiar with the arrangement. The move signals that Mueller may be seeking advice on complex areas of criminal law, including what constitutes obstruction of justice.

SCOTUS Justices Reveal Book Royalties, Teaching Fees, Stock Sales

By Tony Mauro |

For the first time, the Administrative Office of the U.S. Courts provided financial disclosure forms in a digital format. Here are the highlights.

Former FBI Director James Comey testifies about his firing by President Donald Trump during a Senate Intelligence Committee hearing on June 8, 2017.

3 Big Moments for Attorneys in Comey Hearing

By Cogan Schneier |

Former FBI Director James Comey’s much-anticipated testimony before Congress Thursday offered a buffet of legal details for attorneys.

DISH Campus on Friday, July 26, 2013 in Denver. .SOURCE: DISH NETWORK.

Robocalls Land Dish Network Record $280M Penalty

By Cogan Schneier |

A federal district court entered the judgment against Dish Network for violating the Federal Trade Commission’s Telemarketing Sales Rule.

Politically Connected PTO Solicitor to Run Agency on Interim Basis

By Scott Graham |

Joseph Matal was name the interim head after Michelle Lee’s sudden resignation earlier this week.

Michelle Lee.

Michelle Lee Resigns as PTO Director

By Scott Graham |

The Trump administration had agreed to keep her in the role but never seemed to give her a firm vote of confidence. A person close to Lee said she was concerned about the Commerce Department siphoning off patent fees.

Trevor McFadden, Acting Principal Deputy Assistant Attorney General with the U.S. Department of Justice Criminal Division.

Trump Taps Trio of DOJers for DC Judge Nominees

By Cogan Schneier |

The federal district court in D.C. currently has four judicial vacancies, so the confirmation of Trump's nominees would leave one seat empty.

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.”

(l-r) Steven Bradbury, Brian Benczkowski, Carlos Muñiz, and Robert Charrow.

Trump Announces Slate of Big Law Nominees for DOJ, Agency Posts

By Cogan Schneier |

The White House has tapped lawyers from Dechert, Kirkland & Ellis, McGuireWoods and Greenberg Traurig for executive branch roles.

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.

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.

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

Who's Who: The Lawyers Defending Trump's Travel Ban

By Cogan Schneier |

Longtime government attorneys and Big Law litigators are among the familiar names leading the travel ban appeal.

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.

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.

Former President Barack Obama.

When Michelle Wanted Barack to Be a SCOTUS Law Clerk

By Tony Mauro |

Former President Barack Obama rejected a pathway to a Supreme Court clerkship, saying that's not how you make change.

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

4th Circuit Uses Trump's Comments in Blocking Travel Ban

By Cogan Schneier |

Thursday’s opinion keeps in place a Maryland district court’s nationwide injunction against the order, issued March 6.

National Security Agency headquarters

4th Circuit Grants 2nd Chance for NSA Spying Lawsuit

By Cogan Schneier |

The ruling by the U.S. Court of Appeals for the Fourth Circuit allows Wikimedia to argue the merits of its case against the NSA in a public courtroom.

U.S. Supreme Court Justice Stephen Breyer.

No Public Hearing Set for SCOTUS Budget, Again

By Tony Mauro |

Last year a spokeswoman said the court's budget hearing did not take place because of "a compressed Supreme Court and congressional schedule."

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.”

Drinker Biddle & Reath's offices in Washington, D.C.

Drinker's Retro Look; Jenner Raids the FCC; No Rest for Weary D.C. Lawyers

By Katelyn Polantz |

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

Drinker Biddle & Reath's offices in Washington, D.C.

Drinker's Retro Look; Jenner Raids the FCC; No Rest for Weary D.C. Lawyers

By Katelyn Polantz |

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

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

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

By Erin Mulvaney |

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

Appeals Court Grounds FAA Registration for Hobby Drones, Planes

By Cogan Schneier |

The U.S. Court of Appeals for the D.C. Circuit ruled the FAA's registration rule for personal drones and model planes violates federal law.

SCOTUS Justices Used to Explain Recusals. What Changed?

By Tony Mauro |

There's a new twist to the court’s tradition of keeping mum on the reasons for recusals: it was not always that way.

Robert Mueller

Mueller Leaves Wilmer, Steps In to Head Russia Probe

By Cogan Schneier and Katelyn Polantz |

Robert Mueller III, a former FBI director who joined Wilmer Cutler Pickering Hale and Dorr in 2014, is leaving his perch in private practice and stepping back into law enforcement. Mueller will take on the weighty and politically precarious role of special counsel investigating Russia's efforts to influence the 2016 U.S. presidential election.

Donald Trump at a campaign rally in 2016.

Here's Some Advice for Trump From the White-Collar Bar

By Marcia Coyle |

The daily Trump-Comey-Flynn imbroglio and its potential legal ramifications for President Donald Trump suggest it may be time—or past time—for the embattled president to "lawyer up" with outside counsel, veteran white-collar defense lawyers say.

Ken Starr testifies at a House Judiciary Committee hearing regarding President Bill Clinton and Monica Lewinsky..

Clinton Impeachment Lawyers Say Trump's Safe … For Now

By Cogan Schneier |

Attorneys involved in the last impeachment this country saw, that of Bill Clinton nearly 20 years ago, cautioned that any talk of removing Trump is premature.

Judge Janice Rogers Brown

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

By Cogan Schneier |

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

U.S. Supreme Court Justice Elena Kagan

SCOTUS to States: Keep Out of Arbitration Agreements

By Tony Mauro |

The 7-1 ruling could have broader ramifications for the nursing home industry in particular and businesses in general when it comes to the Federal Arbitration Act.

Screenshot of ”Dr. Evil

6th Circuit Throws Faux Dr. Evil a Freakin’ Bone on Extortion Sentence

By Cogan Schneier |

The Sixth Circuit affirmed the conviction of Michael Brown, but tossed out and remanded his four-year prison sentence for attempting to extort $1 million from local branches of the Republican and Democratic parties, and a major accounting firm.

Alice Fisher, of Latham & Watkins, during the NLJ Regulatory Summit in Washington, D.C. December 2014.

Alice Fisher of Latham Considered for FBI Director—But Who Is She?

By Katelyn Polantz |

Washington corporate defense lawyer Alice Fisher interviewed on Saturday to be the next FBI Director, after the agency was shocked by the firing of James Comey last week. Fisher's among the reported top contenders. The National Law Journal has done comprehensive coverage of Fisher, the former Bush-era Criminal Division chief-turned law firm leader, over the years, since she's been a major name in public service at the U.S. Justice Department and private practice at Latham & Watkins. Here are some highlights of Fisher's career.

James Comey

What's Next For Ex-FBI Director James Comey?

By Cogan Schneier |

Citing his handling of the investigation into Hillary Clinton's email server, President Donald Trump on Tuesday fired FBI Director James Comey. His actions may weigh heavy on his future employment prospects, as big law firms may be wary of questions that would accompany his hiring. Still, as a prominent attorney with high-level experience in government and business, he may find a home at a law firm, as some other former FBI directors have.

Trump Tweet Sparks Legal Questions Over Comey Firing

By Tony Mauro |

Trump's warning to Comey referencing recordings has prompted legal experts and analysts to highlight the legal link to Watergate.

Ninth Circuit Court of Appeals.

Removal of Trump’s Muslim Comments Raises Travel Ban Questions

By Cogan Schneier |

The removal of comments from a campaign webpage used to block Trump’s travel ban executive orders could come up during a Ninth Circuit hearing next week.

Makan Delrahim, during his confirmation hearing to be Assistant Attorney General in the Antitrust Division of the U.S. Department of Justice.  May 10, 2017.

Senate Hearing on DOJ Nominees Pivots to Comey

By Cogan Schneier |

The Senate Judiciary Committee questioned Noel Francisco for solicitor general, Makan Delrahim to head the Antitrust Division and Steven Engel to oversee the Office of Legal Counsel, but committee Democrats used their time to address the FBI director's termination.

Noel Francisco.

Solicitor General Nominee Pledges 'Independence and Candor'

By Tony Mauro |

Noel Francisco sailed through the Senate Judiciary Committee hearing, even though some senators appeared preoccupied by President Donald Trump’s Tuesday firing of FBI Director James Comey.

Noel Francisco.

Solicitor General Nominee Faces Scrutiny for Travel Ban Recusal

By Tony Mauro |

On the eve of his Senate confirmation hearing Wednesday, Solicitor General-nominee Noel Francisco is the focus of a lawsuit seeking information about his participation in the legal battle over President Donald Trump's travel ban.

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

5 Hypotheticals That Show How Complicated the Travel Ban Case Is

By Cogan Schneier |

The judges and lawyers repeatedly turned to hypothetical situations throughout the roughly two-hour en banc hearing to formulate their points on President Donald Trump's second version of the order.

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

Marcia Coyle, on PBS NewsHour, Reviews Travel Ban Arguments

By ALM Staff |

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

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

Fourth Circuit Targets Trump's Comments in Travel Ban Hearing

By Cogan Schneier |

The U.S. Court of Appeals for the Fourth Circuit is hearing the case en banc, skipping the traditional three-judge panel in a move meant to speed up the case.

Brian Benczkowski.

Kirkland White-Collar Partner Floated for DOJ Criminal Division

By Cogan Schneier |

If confirmed, Kirkland & Ellis' Brian Benczkowski will lead a DOJ division he spent the last few years defending companies from.

Protestors rally against President Donald Trump’s immigration policies during a May Day march in Washington, D.C., on May 1, 2017.

Five Judges to Watch in Fourth Circuit Travel Ban Hearing

By Cogan Schneier |

J. Harvie Wilkinson III may have to recuse himself, but he's not considered the most vocal of the court's conservative judges.

U.S. Department of Justice

Dechert Partnership Worth $1.8M for DOJ 'President's Law Firm' Nominee

By Cogan Schneier |

That's according to an ethics disclosure form Steven Engel filed in March, which, along with an ethics pledge, outlines Engel's possible conflicts of interest if confirmed as assistant attorney general at the Office of Legal Counsel.

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

Take a 'Journey' Through the Justices' Bookshelves

By Marcia Coyle |

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

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

On Patent Dance, Justices Struggle to Find Rhythm

By Scott Graham |

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

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

In First, Fourth Circuit to Livestream Travel Ban Hearing

By Cogan Schneier |

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

Rod Rosenstein testifies before the Senate Judiciary Committee during his confirmation hearing to be deputy attorney general at the U.S. Department of Justice March 7, 2017.

Rosenstein Pegged to Bring Experience, Stability to DOJ

By Cogan Schneier |

Rod Rosenstein has his work cut out for him now that he’s officially U.S. Attorney General Jeff Sessions’ right-hand man. Attorneys are looking to Rosenstein, a lifelong public servant, to bring a dose of stability to the U.S. Department of Justice after the U.S. Senate confirmed him as the deputy attorney general.

Justice Neil Gorsuch.

Gorsuch's 'Burping Boy' Dissent Arrives at the Supreme Court

By Marcia Coyle |

Justice Neil Gorsuch may face his first recusal when the justices in May take up a petition that involves—and features prominently—one of his most famous dissents: the case of the burping 13-year-old student.

Jeff Sessions.

Sessions Puts White-Collar Focus on Individual Prosecution

By Cogan Schneier and Katelyn Polantz |

U.S. Attorney General Jeff Sessions gave a rare glimpse into his philosophy on white-collar crime Monday, putting an emphasis on holding individuals accountable for crimes instead of companies.

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

Trump Dining With the Justices? Not Yet

By Marcia Coyle |

On a relatively quiet Sunday morning, the news exploded across social media: The U.S. Supreme Court would be dining with President Donald Trump at the White House on Thursday, according to the White House weekly outlook. By Monday morning, the dinner was off. What happened? The White House blamed scheduling conflicts.

Professor Stuart Banner of UCLA School of Law.

A Supreme Court First-Timer Scores on the Money

By Marcia Coyle |

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

United Passenger Has 'Every Right to Bring Legal Action'

By Stephanie Forshee |

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

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

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

By Marcia Coyle |

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

Geoffrey Zakarian.

Trump Organization Settles Case Against Second Chef

By P.J. D'Annunzio |

Celebrity chef Geoffrey Zakarian pulled out of a deal for a restaurant at the Trump Hotel in Washington, D.C., over President Donald Trump's campaign rhetoric on Mexicans and immigrants.

U.S. Justice Department building in Washington

Noel Francisco, Trump's Solicitor General Pick, Is Sidelined for Now

By Marcia Coyle |

The Trump administration didn't sideline former Jones Day partner Noel Francisco for any performance reasons. Rather, federal law bars Francisco from serving as the acting head of the office to which he has been nominated to lead on a permanent basis. The "acting" SG title has passed indefinitely to the lawyer Francisco chose as his principal deputy—former Sullivan & Cromwell special counsel Jeffrey Wall.

The White House.

Trump Lawyers' Financial Disclosures Reveal Big Law Salaries, Client Lists

By C. Ryan Barber and Katelyn Polantz |

Want to know what Jones Day's biggest names made last year? How about partners at other major firms? The White House's staff financial disclosures, released over the weekend, offer rare glimpses inside the wallets of some of Washington's most well-known lawyers. We've highlighted details from 12 lawyers' disclosures.

Michele Roberts, in 2013, ar a panel discussion about “Women in the Life and Law of the D.C. Circuit Courts.”

Michele Roberts Still Haunted by Decades-Old Murder Case, Now at Supreme Court

By Marcia Coyle |

The U.S. Supreme Court on Wednesday revisited the 1985 trial of 10 young gang members for the killing of a mother of six, a trial and case that one of the lead defense lawyers said she has been unable "to shake from my conscience."

Robert Kelner of Covington & Burling. (2010)

Covington's Robert Kelner, Navigating the 'Wild West,' Pushes Michael Flynn Deal

By C. Ryan Barber |

Robert Kelner, the leader of Covington & Burling's political and election law team, once described congressional investigations as the "Wild West," an area that lacked any set of defined rules. "A lot of this in the Wild West is about rapport and credibility," Kelner said in 2009, speaking on a panel in Washington. As the lawyer for Michael Flynn, the former national security adviser who resigned in February, Kelner's rapport and credibility are about to be tested.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Justice Gorsuch? Judge Awaits Vote as Democrats Strategize

By Marcia Coyle and Tony Mauro |

U.S. Supreme Court nominee Judge Neil Gorsuch emerged unscathed from two very long days of questioning by the Senate Judiciary Committee but his biggest hurdle may be yet to come.

Donald Trump speaking at CPAC in Washington D.C. on February 10, 2011.

Fourth Circuit Expedites Travel Ban Case, Sets May 8 Hearing

By Cogan Schneier |

The U.S. Court of Appeals for the Fourth Circuit agreed Thursday to expedite a challenge to President Donald Trump’s travel ban executive order, setting oral arguments in the case for May 8 at the court in Richmond.

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

'Not My Finest Moment,' Gorsuch Says About Gitmo Letter

By Tony Mauro |

In a revealing moment of regret, U.S. Supreme Court nominee Neil Gorsuch said Wednesday that a 2006 email he wrote calling negative attention to big law firm that were representing Guantanamo detainees was "not my finest moment."

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Gorsuch Says He's No Class Action Foe, And Other Highlights

By Marcia Coyle |

On the second day of his confirmation hearings, U.S. Supreme Court nominee Neil Gorsuch insisted he wasn't biased against class actions, countered claims he usually ruled against the “little guy,” and declined to state his thoughts on abortion and torture.

Neal Katyal, of Hogan Lovells, during judge Neil Gorsuch’s confirmation hearing before the Senate Judiciary Committee to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 20, 2017.

Why Did Neal Katyal Go an Extra Mile for Neil Gorsuch?

By Tony Mauro |

By tradition, U.S. Supreme Court nominees are introduced to the U.S. Senate Judiciary Committee for their confirmation hearings by the senators from their home state. Neil Gorsuch got a boost from Hogan Lovells partner Neal Katyal. "I introduced Judge Gorsuch because he is, in my judgment, an outstanding judge,” Katyal said Tuesday, explaining his decision. "Just plain merit."

Slideshow: Neil Gorsuch on Capitol Hill, for Round Two

By ALM staff |

U.S. Supreme Court nominee Neil Gorsuch was back on Capitol Hill on Tuesday for the second round of his confirmation hearing. Here's a snapshot of the Senate Judiciary action.

Judge Neil Gorsuch appears March 20 at his confirmation hearing.

'Judges Are Not Politicians in Robes,' Gorsuch Tells Senate

By Marcia Coyle |

U.S. Supreme Court nominee Judge Neil Gorsuch emphasized in his opening statement Monday the independence and dedication to law of federal judges across the country. "Judges are not politicians in robes," Gorsuch, addressing the U.S. Senate Judiciary Committee, said Monday. "If I thought that I'd hang up my robe." Gorsuch didn't mention President Donald Trump, whose criticism of the judiciary drew rebuke from Republicans and Democrats alike. Democrats, leading up to the start of Monday's hearing, had questioned whether and how Gorsuch would express his independence.

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

Gorsuch's Hearing Will Be Memorable. As So Many Others Were.

By Marcia Coyle and Tony Mauro |

What memories will Neil Gorsuch's confirmation hearing make? Time will tell. Here are highlights—and lowlights—from the 10 most recent Supreme Court confirmation hearings.

Supreme Court nominee Judge Neil Gorsuch meets with Senator Chuck Schumer (D-NY) at the Capitol on Tuesday, February 7, 2017.

Here's What to Expect at Gorsuch Confirmation Hearing

By Tony Mauro |

Apart from political fireworks, we predict long-winded statements from senators, careful answers to questions about hot-button issues, and plenty of tributes to the late Justice Antonin Scalia.

Neil Gorsuch

In Dissent, Gorsuch Was Tough on Regulators and Skeptical of Legislative History

By Marcia Coyle |

U.S. Supreme Court nominee Neil Gorsuch on March 20 will head to the U.S. Senate for his confirmation hearing, where his record as a federal appeals judge—his majority rulings and his dissents—will come under new scrutiny. The late Justice William O. Douglas once said, "The right to dissent is the only thing that makes life tolerable for a judge on an appellate court." If that's true, Gorsuch, who sits on the U.S. Court of Appeals for the Tenth Circuit, has found satisfaction and solace in his 35 dissents.

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

What Should the Senate #AskGorsuch?

By ALM STAFF |

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

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

Chamber Cheers and Advocates Fret as House Passes Sweeping Class Action Reform

By Amanda Bronstad |

Proponents of the measure bashed plaintiffs lawyers and said the bill would help stamp out frivolous suits. Opponents, calling the bill a "corporate handout," lament that it will hamper legitimate cases.

U.S. Supreme Court nominee Neil Gorsuch was recused in more than 1,000 cases, according to documents submitted to the Senate Judiciary Committee in advance of his March 20 confirmation hearing.

Neil Gorsuch Recused in More Than 1,000 Cases as Tenth Circuit Judge

By Tony Mauro |

The majority of recusals, more than 500, were triggered by the involvement of a "former client or colleague," according to a 51-page appendix to his Senate Judiciary Committee questionnaire that lists all 1,095 cases in which he stepped aside.

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

Transgender Lawyers, Law Students Share Personal Stories in SCOTUS Brief

By Marcia Coyle |

More than 100 transgender individuals, including lawyers, law students and law professors, filed an amicus brief in the U.S. Supreme Court that presented personal narratives. Cleary Gottlieb's Howard Zelbo, who wrote the brief, said, "The purpose was really to bring to life for the justices who may not know many trans people that transgender people are really like everyone else and have positive stories and make positive contributions to the country. We wanted this to be uplifting, not negative." Two lawyers and two law students who participated in the brief shared their stories with The National Law Journal.

Jones Day's Noel J. Francisco

Trump Picks Former Jones Day Partner as Solicitor General

By Tony Mauro |

Noel Francisco, a former Scalia clerk, has been the principal deputy SG since late January, and on Tuesday night the Trump White House named him as its nominee for the Senate-confirmed position

Demonstrators celebrate the Supreme Court's ruling in Obergefell v. Hodges in June.

53 Companies Back Transgender Teen in SCOTUS Fight

By Marcia Coyle |

Major technology companies and other businesses, warning of the negative business consequences of a U.S. Supreme Court ruling against a transgender boy's sex discrimination claim, on Thursday stepped into a simmering controversy that pits them against the Trump administration.

U.S. Capitol.

What Lawyers Need to Know About Tort Reform Push in Congress

By Amanda Bronstad |

We review four bills set to go before the House Rules Committee this week in one of the most comprehensive efforts at legal reform in more than a decade. Plus, a look at three bills in the pipeline.

Police outside the U.S. Supreme Court moments after the court announced its opinion.  June 26, 2015.

Citing 'My Cousin Vinny,' DC Circuit Upholds SCOTUS Protest Ban

By Tony Mauro |

A federal appeals panel on Friday upheld the law barring anyone from making “a harangue or oration” at the U.S. Supreme Court—the latest in a series of rulings protecting the high court from protesters inside the building or on its grounds.

Miguel Estrada of Gibson Dunn & Crutcher. HANDOUT.

Gibson Dunn Partner Is Next in Spotlight as Possible Solicitor General

By Tony Mauro |

Gibson, Dunn & Crutcher partner Miguel Estrada, who has argued 22 cases before the high court, is the latest in a series of lawyers rumored to have a lock on the SG post.

Social Media Gets Some Respect from SCOTUS in First Amendment Case

By Tony Mauro |

Mark the date: Feb. 27, 2017, may go down in history as the day that social media—from Facebook to Snapchat, Twitter to LinkedIn—entered the pantheon of expressions deserving First Amendment protection.

Kellyanne Conway.

Ethics Complaint Against Kellyanne Conway Faces Long Road

By Marcia Coyle |

If past is prologue, the ethics complaint filed by 15 law professors against White House adviser Kellyanne Conway could go nowhere—and take a long time getting there.

U.S. Capitol

A Defense Lawyer’s Take on Class Action Reform

By Amanda Bronstad |

Tort reformers are pushing the most aggressive class action reform legislation in the past decade on Capitol Hill, but even defense lawyers have some concerns.

Samuel Alito.

Justices Pose Tough Questions in Nursing Home Arbitration Case

By Tony Mauro |

Justice Samuel Alito Jr. said of the retirement home cases: "The context here seems different from the arbitration cases that we've had in recent years."

Andrew Olmem.

Two Venable Partners, Including Outspoken Dodd-Frank Critic, Join Trump Team

By C. Ryan Barber |

Two Venable partners, including a former lead Republican negotiator on the post-crisis Dodd-Frank financial reforms who has called the Obama-era regulations "heavy-handed," have joined President Donald Trump's administration. Andrew Olmem, who worked on the Dodd-Frank reforms, will serve at the White House National Economic Council, and Daris Meeks was named director of domestic policy for Vice President Mike Pence.

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

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

By Marcia Coyle |

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

Ruth Bader Ginsburg.

Ginsburg Praises Women’s March, Says She is Feeling 'Very Well'

By Tony Mauro |

Ruth Bader Ginsburg, who came under fire last summer for her criticism of then-candidate Donald Trump, was asked about the march in a conversation last week with students at the University of Hawaii.