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.
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.
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.
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."
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.
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, 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.
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.
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.
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.
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.
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.
Telling senators that the president's tweets criticizing federal judges were “disheartening” and “demoralizing" could cement support among mainstream lawyers, judges and scholars.
A tangle of possibilities lie on the other side of Tuesday's Ninth Circuit showdown. We look at the possible paths.
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.
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.
Advocacy groups and state governments are beginning to coordinate their efforts, taking lessons from past court battles over immigration.
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.
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.
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.”
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.
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."
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.
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 answered questions during her 2015 confirmation hearing that seemed to herald her dramatic departure. The irony? It was Sen. Jeff Sessions doing the asking.
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.
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.
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.
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.
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.
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.
"Vexing." "Broken." "Not functioning very well." Welcome to the U.S. Supreme Court confirmation process, in the eyes of sitting justices. As President Donald Trump prepares to announce his Supreme Court pick, the oft-criticized Senate confirmation proceedings soon will move into the public eye. The justices have had little good to say about the experience.
News blackouts. Gag orders. Deleted tweets. The early days of President Donald Trump's administration swiftly raised questions about the scope of speech restrictions on federal civil servants. As the White House took control of the public messages delivered through the government's official communication channels, not uncommon for presidential transitions, whistleblower lawyers predicted they'd be busy the next four years. But they also said it was too early to gauge whether the apparent early resistance from purported agency employees would translate into litigation or other legal action that tests workplace protections in the federal bureaucracy.
Two days after the inauguration, liberal lawyers huddled in downtown Washington to issue a call to action to scour President Donald Trump's web of businesses for any conflicts of interest that could provide fodder for a lawsuit.
Celebrations and unrest unfolded simultaneously Friday in Washington as Donald Trump was sworn in as the 45th president of the United States. Supporters of Trump clashed at times with demonstrators.
Jones Day, whose lawyers served key positions in the Trump presidential transition and litigated against the nation's health insurance law and for other major Republican objectives, will count 12 members in the new Trump administration.
A lawyer who was providing legal support to Inauguration Day protesters in Washington sued police Friday over claims the authorities responded disproportionately with mass arrests, pepper spray and batons in response to the unrest that swept across downtown.
If the new Trump White House seeks a chief ethics officer, Richard Painter isn't expecting to get that call. But his phone won't remain silent for long. Painter, a former chief White House ethics lawyer for George W. Bush, is in high demand these days for commentary about President Donald Trump and the manifold conflicts of interest presented by his business entanglements at home and around the globe.
Sixteen years after the 2001 terror attacks killed nearly 3,000 people, the Obama administration's acting solicitor general on Wednesday urged the U.S. Supreme Court to block a suit against former George W. Bush officials for their alleged roles in crafting unlawful detention policies.
Appellate litigator Noel Francisco is departing Jones Day amid rumors that he could soon be tapped for a role in the solicitor general's office.
"Nightmare." "Absolute disaster." "Looked like a dummy." President-elect Donald Trump has lobbed these insults and more at Chief Justice John Roberts Jr.—personal attacks about him, and positions he took in ruling on signature Obama administration cases. On Friday, Roberts will deliver the oath of office to Trump in front of an expected crowd of hundreds of thousands of spectators on the National Mall. Here's a look back at some of Trump's comments about Roberts.
A Morrison & Foerster associate who recently completed a U.S. Supreme Court clerkship will argue Wednesday against former solicitor general Seth Waxman in a major race discrimination case that involves the National Collegiate Athletic Association.
The U.S. Justice Department has a duty to enforce and defend federal laws—unless the agency can't do so in a "reasonable way," U.S. Sen. Jeff Sessions said Tuesday during his confirmation hearing to be U.S. attorney general.
The U.S. Supreme Court on Monday turned away a Communications Decency Act challenge to the operators of the Backpage.com online advertising site, but the company's owner and operators continue to face criminal allegations in California and increased political scrutiny in Washington.
Jenner & Block's Paul Smith said he had been thinking for some time about teaching in a more serious way and writing about his more than 30 years as an appellate lawyer. That opportunity has arrived—and after the election, he said, "it felt like the right thing to do." Smith talks with the NLJ's Marcia Coyle on the decision to leave Big Law, and what's next.
California legislative leaders on Wednesday said they have retained a team of Covington & Burling attorneys led by former U.S. Attorney General Eric Holder Jr. to help fend off "potential challenges" from the incoming Trump administration. The hire follows eight weeks of post-election promises by state Democrats to create a firewall against potential Republican attacks on California's immigration, environmental and health care policies. It also offers a high-visibility platform for Covington, which has long sought a stronger presence on the West Coast.
Latham & Watkins' Supreme Court and appellate practice will welcome back Roman Martinez, a former associate there who spent the last three years as an assistant to the solicitor general at the U.S. Justice Department. Martinez, a Latham associate from 2010 to 2013, rejoins as a partner in the appellate practice.
If there is one judge who might understand Merrick Garland's disappointment, at the expiration of his U.S. Supreme Court nomination on Tuesday, it is perhaps one of his colleagues on the federal appeals bench in Washington: Senior Judge Douglas Ginsburg.
In 2016, the court, as several justices said, was a "grayer place" partly because of the absence of the quickest quipper on the bench, the late Justice Antonin Scalia. But there were some notable moments. Here are some of the highlights.
U.S. Chief Justice John Roberts Jr. on Saturday spotlighted the "crucial role" played by federal district judges, asserting they "deserve tremendous respect" for performing the often thankless tasks of the job. In past years, Roberts has sometimes used the annual platform to advocate for higher pay for judges, or to defend the ethics of his fellow justices. But his 2016 report displayed no sharp edges or fodder for controversy.
Justice Antonin Scalia's death in February was one of the biggest stories this year about the U.S. Supreme Court. Sonia Sotomayor urged mandatory pro bono for all lawyers. Richard Posner railed on "stupid" decisions by Chief Justice Roberts. And the court's microphones picked up banter on the bench. Here's a look at some of our most-read stories about the high court.
As the U.S. Supreme Court prepares to weigh a dispute over mug shots, a new amicus brief, backing the Detroit Free Press in its suit, presents a collection of historic and contemporary booking photos. The brief, filed by the Reporters Committee for Freedom of the Press, included the photos to argue that the images have a historical value, building an understanding of the context behind arrests, and should be widely available to the public. A federal appeals court ruling in July cited the privacy interests of defendants in concluding that the U.S. government does not have an obligation under public-records laws to release mug shots.
Generic drugmaker Teva Pharmaceutical Industries Ltd. has agreed to pay more than $283 million to resolve criminal charges and fines over bribes to government officials in Russia, Ukraine and Mexico, in violation of the Foreign Corrupt Practices Act, the U.S. Department of Justice announced Thursday.
A long-shot effort to force U.S. Senate action on the Supreme Court nomination of Merrick Garland failed Monday at the hands of Chief Justice John Roberts Jr. Roberts, who, without comment, denied a New Mexico lawyer's emergency application for an injunction in Michel v. McConnell.
Federal antitrust enforcers on Tuesday approved, with concessions, AMC Entertainment Holding Inc.'s proposed $1.2 billion acquisition of rival Carmike Cinemas Inc., a purchase the U.S. Justice Department said would have otherwise threatened to raise ticket prices in parts of Florida, Georgia, New Jersey and Pennsylvania, among other markets.
President Barack Obama may be giving up on U.S. Senate confirmation of Chief Judge Merrick Garland, his nominee to the U.S. Supreme Court, but a New Mexico lawyer is making one last appeal—this time to the high court itself. Steven Michel of Santa Fe on Thursday filed an emergency application for an injunction that would require Senate Majority Leader Mitch McConnell to schedule a vote on the Garland nomination before Obama's term ends on Jan. 20.
AshleyMadison.com, a website built to help cheating lovers meet their match, has agreed to settle claims that lax cybersecurity was responsible for a data breach that exposed the personal information of millions of customers last year.
Catching up with Nancy Erika Smith and her husband Neil, who run the New Jersey whistleblower firm Smith Mullin, about the latest whistleblower scandal to hit Prudential Financial Inc.
A week after federal prosecutors scored a unanimous victory in a securities law challenge in the U.S. Supreme Court, they notched another win Monday in prosecutions under the federal bank fraud law. In Shaw v. United States, the justices, ruling 8-0, rejected Lawrence Shaw's arguments that the federal crime of bank fraud did not apply to him because he intended to cheat a bank depositor, not a bank.
AT&T CEO Randall Stephenson and Time Warner CEO Jeff Bewkes pitched their companies' $85B merger to U.S. Senate Judiciary Committee members on Wednesday.
The U.S. Supreme Court on Tuesday handed a big win to whistleblowers, ruling that a violation of the federal False Claims Act's secrecy requirement doesn’t automatically mean a complaint should be dismissed. The unanimous ruling, delivered by Justice Anthony Kennedy, upheld a decision by the U.S. Court of Appeals for the Fifth Circuit.
After a lull in adding new cases to the term, the U.S. Supreme Court on Friday agreed to hear arguments in seven challenges, including a trio of cases from religious-affiliated, nonprofit health care systems that are seeking exemptions from federal law for their pension plans.
The Detroit Free Press is asking the U.S. Supreme Court to reverse a court decision that restricts public access to the mug shots of federal criminal defendants. Booking photos provide an "important window" into the government's exercise of its police powers, the media outlet said in its petition in Detroit Free Press v. U.S. Department of Justice.
The first major litigation effect of the election of Donald Trump took place in a Texas federal district court Friday when the lawyers in the challenge to the Obama administration's plan to delay deportation of millions of undocumented immigrants asked the judge to postpone proceedings until Feb. 20.
Sen. Ted Cruz dedicated his address Friday at the Federalist Society convention to the legacy of Justice Antonin Scalia—and the "great hope," for conservatives, that Donald Trump's presidential win delivered. What about the possibility that Cruz will serve on the Supreme Court? "History is long and can take unexpected paths," Cruz, a former Big Law partner, said in response to a question.
In choosing Alabama Republican Sen. Jeff Sessions as his nominee for U.S. attorney general, President-elect Donald Trump selected a reliably conservative and outspoken critic of some the U.S. Supreme Court's recent and most controversial liberal-leaning rulings. Here's a snapshot of what Sessions had to say on a few of those cases, and about the Supreme Court nominations of Samuel Alito, Sonia Sotomayor and Elena Kagan.
The choice of Sen. Jeff Sessions, R-Alabama, was heralded by several Senate Republicans and decried by civil rights groups, who have been critical of his record on civil rights and his hardline stance on immigration.
Optimism, both cautious and unreserved following the election of Donald Trump, flowed through crowded halls of Washington's Mayflower Hotel on Thursday as the conservative Federalist Society opened its annual national convention.
Nine of President-elect Donald Trump's 21 potential U.S. Supreme Court nominees will find themselves in a sea of enthusiastic faces later this week during the Federalist Society's annual national convention in Washington.
Eight years ago, a newly elected President Barack Obama and his team sifted through the 291 executive orders that were issued during President George W. Bush's two terms. President-elect Donald Trump now faces a similar task—with a nearly equal number of executive orders.
Beth Frerking, The National Law Journal's editor in chief, on Wednesday discussed how President-elect Donald Trump's upset victory Tuesday could create a new regulatory landscape in Washington. And how the Republican is poised to return the U.S. Supreme Court to a conservative-led majority.
Justice Ruth Bader Ginsburg on Wednesday appeared to sport her "dissenting" jabot—the one she wears when she reads from her dissenting opinion. The style and color differ than her more usual white neckwear.
President-elect Donald Trump on the campaign called for the repeal of the Wall Street reform law Dodd-Frank, and he advocated for U.S. Supreme Court justices in the mold of the late Antonin Scalia. We take a snapshot of Trump's transformative regulatory positions as a new day unfolds in the nation's capital.
President-elect Donald Trump said during the last debate in October that if he became president, the U.S. Supreme Court would "automatically" overturn Roe v. Wade, sending the contentious issue of abortion back to the states. But the high court does not make change "automatically"—or quickly.
The U.S. Supreme Court, in a first for the institution, will live stream a portion of a memorial Friday for the late Justice Antonin Scalia.
Airbnb's mandatory arbitration policy prohibits a guest of the rental home-sharing platform from suing over alleged race discrimination, a Washington federal judge ruled Tuesday.
Supporters of Justice Clarence Thomas began to rise to his defense with outrage and skepticism of a claim Thursday by an Alaskan lawyer that the justice groped her when she was a young scholar in 1999.
Justices Clarence Thomas and Samuel Alito Jr. are headliners next month at the Federalist Society's annual national convention, which will focus on the legacy of the late Justice Antonin Scalia. The agenda marks the return of the appearance of at least one conservative justice—a seven-year streak that ended last year when no justice spoke at the event in Washington. Numerous lawyers from Big Law are set to participate on panels at the convention.
Lawyers for Airbnb Inc. defended the home-sharing platform’s terms of service Wednesday in Washington federal district court, arguing that a user who brought a discrimination case against the company should be forced into arbitration to resolve the dispute.
The U.S. Supreme Court on Tuesday agreed to decide whether a 14-year-old suit should go forward against former George W. Bush attorney general John Ashcroft and former FBI director Robert Mueller III based on their roles in the post-Sept. 11 roundup and detention of Muslim, Arab and South Asian men.
Harvard's legal team, relying on the U.S. Supreme Court’s ruling in June for affirmative action, is urging a federal judge to dismiss two of six charges in a suit that accuses the university of discriminating against Asian-American student applicants.
The harrowing robbery of Kim Kardashian in Paris, Jesse James' historical bank heists and even notorious bank robber Willie Sutton played into U.S. Supreme Court arguments on Tuesday as the justices wrestled with the level of intent needed to prove federal bank fraud.
Chrysler Group LLC's battle with the Center for Auto Safety to keep sealed certain documents relating to an alleged defect in several vehicle models ended Monday when the U.S. Supreme Court declined to hear the automaker's appeal.
D.C. Superior Court Judge Brian Holeman denied the Republican candidate's motion for summary judgment in a suit over ruptured restaurant deal.
Chief Justice John Roberts Jr. appeared Saturday in his role as chancellor of the Smithsonian Institution at the opening for the National Museum of African American History and Culture.
"The verdict on freedom is out," Kennedy told lawyers at the International Bar Association's annual gathering in Washington.