More Legal Times

An X-ray of a hip replacement

Judge Grants New Trial Over J&J Hip Implant

By Amanda Bronstad |

Tuesday’s ruling by Cook County Circuit Court Judge Deborah Mary Dooling reversed a 2013 defense verdict that came out just before DePuy reached a $2.5 billion global settlement resolving about 8,000 cases.

Jones Day Washington, D.C. offices.

Trump Picks Jones Day Partner to Flip Product Safety Agency

By C. Ryan Barber |

If confirmed by the Senate, Dana Baiocco would replace Marietta Robinson, flipping the commission from Democratic to Republican rule.

Thousands of protesters spill onto 7th Street in San Francisco after President Donald Trump announced ending the Obama-era Deferred  Action for Childhood Arrivals program.

States, Schools and Dreamers: Courts Bombarded With DACA Suits

By Cogan Schneier |

With two new challenges filed Monday, there are now half a dozen lawsuits over the Trump administration’s rescission of the DACA program.

Former Whistleblower, Lawyer Start Free Law Firm for Federal Workers

By Cogan Schneier |

National security lawyer Mark Zaid and former State Department employee John Tye launched Whistleblower Aid on Monday.

Left to right: Joe Arpaio and Donald Trump.

Q&A: Covington & Burling Partner Takes On Arpaio, Again

By Cogan Schneier |

Covington & Burling's Stanley Young is still fighting against Sheriff Joe Arpaio in court, despite his pardon from President Donald Trump.

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

White House Press Secretary Says Comey Violated Privacy Act

By Cogan Schneier |

The government could face an uphill fight pursuing Privacy Act violations against former FBI Director James Comey based on previous history.

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.

DAG Rosenstein: Changes Coming 'in the Near Future' to Yates Memo

By Cogan Schneier |

Deputy Attorney General Rod Rosenstein did not elaborate Thursday on what could be coming to the Justice Department's policies on prosecuting white-collar crime.

Justice Elena Kagan

Kagan Says Repeat Players at SCOTUS 'Know What It Is We Like'

By Marcia Coyle |

Justice Elena Kagan recently told University of Wisconsin law students that arguing before the U.S. Supreme Court is "pretty much a nightmare" for lawyers, but not for the "repeat players" of the Supreme Court Bar who know what the justices like, and who know what they should and should not do.

Theodore Boutrous Jr. of Gibson Dunn,

Citing the Pope, Catholic Bishops Bash Travel Ban With Help From Gibson Dunn

By Cogan Schneier |

Gibson lawyers filed an amicus brief with the U.S. Supreme Court Tuesday on behalf of the United States Conference of Catholic Bishops.

Gregory Katsas.

An AUSA, White House Lawyer and State Judge: Trump's Latest Judicial Nominees

By Cogan Schneier |

The administration announced nominees Thursday for the Ninth, Eleventh and D.C. circuits and district courts.

Neil Gorsuch, left, and Oscar the Grouch, right.

Nobody Thinks Trump's SCOTUS Pick Is a Grouch. Except Autocorrect.

By Nate Robson |

Those who know U.S. Supreme Court nominee Neal Gorsuch call him "humble," "down-to earth" and "quite personable." Autocorrect, however, sees the opposite—a "grouch." Social media lit up Tuesday night with tweets and posts referencing President Donald Trump's nomination of "Neil Grouch."

Attorney General Jeff Sessions announced on Tuesday the Trump administration is ending the Deferred Action for Childhood Arrivals (DACA) program.

Thorny Battles Loom for Lawsuits Against Trump’s DACA Repeal

By Cogan Schneier |

Attorney General Jeff Sessions announced Tuesday that the Department of Homeland Security will phase out the program, but will not cancel any existing work permits.

Remington Model 700 rifle.

State AGs Take Aim at Each Other Over Remington Gun Settlement

By Amanda Bronstad |

A group of attorneys general from 11 states fired back at a competing coalition that claims the settlement with Remington Arms Co. threatens public safety.

handout

Despite Drugmaker's Exclusivity, DC Court Upholds Abilify Competitor

By Cogan Schneier |

The ruling could reinforce an existing option for drugmakers to get around periods of exclusivity.

Left to right: Chris Michel, Frederick Liu and Michael Huston

Solicitor General's Office Fills Ranks With Big Law Hires

By Tony Mauro |

Three lawyers who clerked for Chief Justice John Roberts Jr. are leaving Big Law for prestigious posts in the U.S. Solicitor General’s Office.

Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia.

After Disclosure Failure, DC Judge Wants List of Trump Voter Commission Docs

By Cogan Schneier |

Department of Justice lawyer Elizabeth Shapiro apologized to the judge for the "confusion" over what was required of the commission.

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

'What Universe Does That Come From?' Key Questions From 9th Circuit Travel Ban Hearing

By Cogan Schneier |

A three-judge panel at the Ninth Circuit heard oral arguments Monday over whether a lower court’s ruling allowing grandparents and other family members of U.S. residents to enter the country was wrongly decided.

Big Law Takes On the Trans Military Ban

By Cogan Schneier |

Two lawsuits were filed Monday against President Donald Trump's ban on transgender people serving in the military, with help from firms like Kirkland & Ellis and Covington & Burling.

7th Circuit Says 'Utterly Worthless' Subway Footlong Settlement Has No Meat

By Cogan Schneier |

The federal appeals court said the settlement agreement only served to enrich plaintiffs lawyers.

Scenes outside the perimeter of the Inauguration of President Donald Trump on Jan. 20, 2017, in Washington, D.C.

Judge OKs Government’s Warrant for Info on Inauguration Protests, With A Catch

By Cogan Schneier |

D.C. Superior Court Judge Robert E. Morin ruled from the bench Thursday that the government can proceed with its search warrant, but must provide reports to the court on how it will search the data.

The scene outside the perimeter of the Inauguration of President Donald Trump in Washington, D.C., on Jan. 20, 2017.

DreamHost Lawyer Balks at DOJ Modifications to Search Warrant

By Cogan Schneier |

A hearing on the issue is set for Thursday morning before D.C. Superior Court Chief Judge Robert Morin.

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

DC Federal Judge Greenlights Discrimination Case Against Travelers

By Cogan Schneier |

Even under the heightened standard recently articulated by the Supreme Court, the judge ruled the plaintiffs' claims under a disparate-impact theory could move forward.

The scene outside the perimeter of the Inauguration of President Donald Trump in Washington, D.C., on Jan. 20, 2017.

Ahead of Hearing, Anti-Trump Website Visitors Seek to Intervene in DreamHost Fight

By Cogan Schneier |

Visitors to the website say execution of the government’s search warrant would violate their First Amendment rights to read information on the internet anonymously.

Carl Icahn speaking at the World Business Forum in New York in 2007

Billionaire Investor Icahn Resigns From Regulatory Role Amid Conflict-of-Interest Concerns

By C. Ryan Barber |

Carl Icahn’s resignation came with President Donald Trump’s blessing, the investor wrote, and capped a week marked by an exodus of top executives and business leaders from White House advisory panels in response to the president’s comments to the recent violence in Charlottesville.

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

Nothing 'Inappropriate' to See Here. CFPB Defends Going to State Regulators As Court Stalls Subpoena

By C. Ryan Barber |

In a court filing earlier this month, pension advance provider Future Income Payments said the CFPB was demanding information from state authorities that the company provided “generally under confidentiality restrictions.”

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.

Ex-Silicon Valley CEO, Republican Lawyer Launch Missive Over Gun Rights

By Cogan Schneier |

Cooper & Kirk's Charles Cooper filed a new lawsuit this week on behalf of a convicted CEO to clarify which ex-cons should be allowed to purchase firearms.

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

The CFPB Is Losing a Trial Court Ally in the US Justice Department

By C. Ryan Barber |

The move away from CFPB cases comes months after the Justice Department, under Attorney General Jeff Sessions, said it would no longer defend the lawfulness of the CFPB’s independent, single-director design.

Metro Center entrance at 13th and G Streets, N.W., in Washington, D.C.

Milo Yiannopoulos, ACLU Team up to Sue DC Metro

By Cogan Schneier |

The ACLU conceded that though it disagrees with conservative commentator Milo Yiannopoulos on most issues, the Washington, D.C., subway system's advertising restrictions violate his right to free speech.

Beryl Howell during her confirmation hearing in July 2010.

Meet the DC Judge Who Likely Oversees Mueller's Grand Jury

By Cogan Schneier |

According to the local rules of the D.C. court, Chief Judge Beryl Howell will oversee any disputes arising from Mueller’s probe.

Robert Mueller

White-Collar Lawyers: What to Know About Mueller’s Trump-Russia Grand Jury

By Cogan Schneier |

Special counsel Robert Mueller has empaneled a grand jury to investigate Russian interference in last year’s presidential elections.

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

In Big Leap, SCOTUS Announces E-Filing Is Coming Soon

By Tony Mauro |

The U.S. Supreme Court announced Thursday that electronic filing of case documents will be required beginning on November 13 and virtually all new filings will be available free of cost to the public. The system will not be part of PACER, the longstanding operation used by lower federal courts, which charges for documents by the page.

The Department of Justice building.

Former DOJ Civil Rights Chief Pushes Back on Sessions' Critics

By Cogan Schneier |

The division faced a number of civil rights enforcement controversies under Tom Wheeler, who is now back at his old firm after leaving the Justice Department last week.

Redesigned Supreme Court website.

Updated SCOTUS Website Gets Mixed Reviews

By Tony Mauro |

The Supreme Court's re-launched site is more mobile-friendly but leaves serious court watchers itching for digital updates that are more than cosmetic.

President Donald Trump.

Privacy Group Wins Standing, Loses Bid to Block Trump Voter Commission

By Cogan Schneier |

A privacy rights group is the latest plaintiff to lose a challenge to President Donald Trump's voter integrity commission.

nsa logo

Can Law Firms Sue NSA for Data Breaches? Lawyers Say Good Luck

By Cogan Schneier |

Hackers may have used NSA tools to execute this week’s global cyberattack, but lawyers say it would be nearly impossible for the victims, which include law firms, to sue the agency.

Ruth Bader Ginsburg.

Should Ginsburg Recuse in SCOTUS Travel Ban Case?

By Tony Mauro |

Dozens of GOP House members are calling on Justice Ruth Bader Ginsburg to recuse herself from the high-stakes case because of negative comments she made about Donald Trump before he was elected president. While Ginsburg may not be forced to withdraw, one law professor said she "has only herself to blame for the optics."

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.

Abbe Lowell of Chadbourne & Parke. HANDOUT.

Jared Kushner Joins Ranks of Abbe Lowell Clients

By Cogan Schneier |

Kushner retained the Chadbourne & Parke partner to represent him amid the FBI's investigation into Russian interference in the 2016 election. Here's a look at Lowell's distinguished client list.

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.