More Legal Times

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."

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 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.

Daniel Metcalfe, Adjunct Professor of Law at American University Washington College of Law.

DOJ Settles Honors Program Hiring Dispute

By Zoe Tillman |

The U.S. Department of Justice has agreed to pay $572,000 to settle a dispute over allegations that department officials illegally screened job applicants based on their political ideology.

Loretta Lynch.

Morning Wrap: Confirmation Clash | White House Drone Fallout

By Mike Scarcella |

Senate Republicans announce the witnesses scheduled to testify at Loretta Lynch's confirmation hearings. A federal appeals court upholds the campaign finance conviction of a prominent Nevada lawyer. A drone's unannounced visit at the White House is causing a few problems. This is a roundup of legal news from ALM and other publications.

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.

J. Michael Farren after his arrest in 2010.

Former White House Lawyer Disbarred in D.C.

By Zoe Tillman |

Former White House lawyer J. Michael Farren, who was found guilty last year of attempted murder for assaulting his former wife, has been disbarred in the District of Columbia.

Masterfile Corp. accuses a D.C. firm of using stock images—seen here, as depicted in the complaint—without permission.

Lawyer Accused of Stealing Stock Images to Pay $8,000

By Zoe Tillman |

Jerry Joseph, a patent attorney in Washington, will pay $8,000 to resolve claims that he used licensed stock images on his website without permission.

Intel Corp. headquarters in Santa Clara, CA.

Intel Gives Thumbs Up to Obama's Cybersecurity Framework

By Andrew Ramonas |

Intel Corp. put the voluntary cybersecurity framework President Barack Obama's administration released one year ago this month into action and has found it to be a useful tool, officials at the technology company said Tuesday.

Barack Obama.

No Patent Reform in Obama's SOTU, but There’s Still Hope

By Andrew Ramonas |

President Barack Obama in his State of the Union address on Tuesday night didn’t renew a call for patent litigation reform he made during the speech last year, dashing the hopes of some business groups and senior Republican lawmakers.

Jay Stephens.

Veteran DOJ Lawyer and Raytheon GC Jay Stephens Retiring

By Andrew Ramonas |

Jay Stephens is retiring as the general counsel of Raytheon Co., ending a decades-long legal career that brought him to some of the highest rungs of the U.S. Department of the Justice before he joined the defense contractor in 2002.

Ex-Commerce GC Kerry Takes Cybersecurity Role at Sidley

By Andrew Ramonas |

Cameron Kerry, who stepped down last year as the U.S. Department of Commerce's general counsel, has accepted a position at Sidley Austin advising chief legal officers and other corporate executives on privacy and cybersecurity issues.

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?


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.

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

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

By Sue Reisinger |

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

Gorsuch Clerk 'Family' Steps Into Spotlight

By Tony Mauro |

With Judge Neil Gorsuch's former law clerks putting aside politics to unite behind his SCOTUS nomination, we have a snapshot of their ranks and where they are now.

Representative Jerrold Nadler (D-NY).

House Democrats Slam Trump's Tweets on Federal Judiciary

By Tony Mauro |

At a hearing Tuesday, discussion of Donald Trump's comments overshadowed other issues before the House Judiciary Committee, including camera and audio broadcast of Supreme Court and the need to improve and lower costs of PACER.

Scalia's chair and the bench were draped in black after his death on Feb. 13.

5 Ways Scalia’s Death Changed the Supreme Court

By Tony Mauro |

It's been a year since the larger-than-life justice died unexpectedly, and in many ways, according to lawyers, the court feels like a different place.

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

Gorsuch Scores Points by Distancing Himself From Trump

By Tony Mauro |

Telling senators that the president's tweets criticizing federal judges were “disheartening” and “demoralizing" could cement support among mainstream lawyers, judges and scholars.

U.S. Supreme Court building.

What's Next in Hot-Button Travel Ban Litigation?

By Tony Mauro |

A tangle of possibilities lie on the other side of Tuesday's Ninth Circuit showdown. We look at the possible paths.

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

Gorsuch Supports Two-Year Law School, but Scalia Dissents

By Marcia Coyle |

Judge Neil Gorsuch and President Barack Obama agree at least on one thing: a third-year of law school should be optional. Gorsuch questioned the need for three years of law school in a September 2015 paper he presented at the United Kingdom-United States Legal Exchange in London. One of Gorsuch's legal heroes—the late Justice Antonin Scalia—vigorously objected to the notion of two-year law school.

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

What Seattle Judge Said About Trump Travel Ban—and What Happens Next

By Vanessa Blum |

The decision by Judge James Robart is speeding toward Ninth Circuit review. Here are some key moments from the hearing that will shape the court fight ahead.

Thousands of protestors decended on SFO in response to President Trumps executive order denying refugees and foreign citizens from predominantly Muslim countries entry into the U.S

Beneath the Chaos, Strategies Coalesce in Suits Against Trump

By Amanda Bronstad |

Advocacy groups and state governments are beginning to coordinate their efforts, taking lessons from past court battles over immigration.

Judge Neil Gorsuch shakes hands with President Donald Trump as he is  announced as Trump's choice for Supreme Court Justice during a televised address from the East Room of the White House in Washington, Tuesday, Jan. 31, 2017 (AP Photo/Carolyn Kaster)

Gorsuch, Drawing Scalia Comparisons, Comes Under Microscope

By Marcia Coyle |

The U.S. Supreme Court nomination of Judge Neil Gorsuch triggered a range of responses across the legal and political spectrum Tuesday as lawyers and advocacy groups touted—and criticized—his positions on regulatory matters and civil rights.

2/1/17- Justice Ruth Bader Ginsburg speaks at Virginia Military Institute.

Ruth Bader Ginsburg Visits Military Institute Whose Doors She Opened to Women

By Marcia Coyle |

More than two decades after her majority decision opened the all-male bastion of the Virginia Military Institute to women, Justice Ruth Bader Ginsburg on Wednesday told a packed hall of the school's cadets that she knew her ruling "would make VMI a better place." Ginsburg told the backstory of the decision and how she and Antonin Scalia went back and forth "like ping pongs"—sharing and reviewing some 17, 18 drafts of their opinions.

Judge Neil Gorsuch.

This Gorsuch Ruling Pans Agency Deference. Here’s Why It Matters to Business

By Tony Mauro |

As business lawyers dissect the nominee's record, they’re likely to celebrate a 2016 decision by Judge Neil Gorsuch that criticizes the "Chevron doctrine" of agency deference and says the time "has come to face the behemoth.”

Judge Neil Gorsuch.

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

By Tony Mauro |

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

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."

Judge Neil Gorsuch.

Neil Gorsuch: In His Own Words

By Tony Mauro |

Here are some of the Supreme Court nominee's most memorable comments on assisted suicide, the changing work of trial lawyers, and the death of the justice he’s been named to replace.

Judge Neil Gorsuch.

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

By C. Ryan Barber |

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

Sally Yates.

Trump's AG Pick Once Told Yates to 'Say No' to Improper Demands

By Vanessa Blum |

Sally Yates answered questions during her 2015 confirmation hearing that seemed to herald her dramatic departure. The irony? It was Sen. Jeff Sessions doing the asking.

Thousands of protestors decended on SFO in response to President Trumps executive order denying refugees and foreign citizens from predominantly Muslim countries entry into the U.S

Immigrant Advocates Plot 'Beginning of Legal Resistance' to Trump

By Marcia Coyle |

More than 4,000 lawyers had signed up to volunteer legal services across the country by Sunday in response to the Trump administration's swift move to restrict immigration travel from seven predominantly Muslim countries. President Donald Trump's executive action Friday brought nationwide confusion—and mass protests—as lawyers, major airlines and national companies struggled to assess the scope of the travel bans.

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

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

By Marcia Coyle and Tony Mauro |

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

Neil Gorsuch, left, and Anthony Kennedy, right.

Why Gorsuch Nod Would Mark New Triumph for SCOTUS Clerks

By Tony Mauro |

In what would be a Supreme Court first, Neil Gorsuch could share the bench with the justice for whom he clerked—Anthony Kennedy. Some observers say the number for former clerks now on the court raises questions of experiential diversity.

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

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

By Marcia Coyle |

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

Antonin Scalia.

Trump Sets Prime-Time Supreme Court Announcement

By Marcia Coyle |

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

(l-r) Neil Gorsuch, Thomas Hardiman, and William Pryor.

Trio of Millionaires Tops Trump SCOTUS Shortlist

By Tony Mauro and Marcia Coyle |

The financial disclosure reports filed in 2015 by Neil Gorsuch, William Pryor Jr., and Thomas Hardiman reflect that each judge holds investments valued at more than $1 million.