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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."

U.S. Supreme Court.

Supreme Court Ends Laches Defense in Patent Cases

By Scott Graham |

To the surprise of no one, the U.S. Supreme Court on Tuesday ruled laches is not a defense to patent infringement suits that are brought within the Patent Act's limitations period.

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.

Lawyers in Gorsuch 'Frozen Trucker' Case Surprised at Attention

By Marcia Coyle |

The case of the frozen trucker sounds like a Conan Doyle mystery but it has become a focal point in Judge Neil Gorsuch's confirmation hearings, to the surprise of the lawyers who faced off before the judge—and to the frustration of one of them.

Southern Methodist, Stanford, Texas A&M, Cardozo, UC Hastings, University of North Carolina, Vanderbilit, UC Irvine, University of Berkeley

The 'Trump Bump' for Law Schools Is (Kind of) a Thing

By Karen Sloan |

Admissions officials who have seen an increase say that a Trump effect is contributing to greater interest in the law, from both his supporters and those who oppose his policies.

gavel_money

Lawyers Sound Off on First-in-a-Decade Class Action Changes

By Amanda Bronstad |

Here's what plaintiffs lawyers, public interest groups, class action critics and claim administrators have to say about proposed amendments that would crack down on serial objectors and promote modern means of communicating with class members.

HERSHEY, PA - DECEMBER 15, 2016: President-Elect Donald Trump waves to the crowd as he arrives on stage to deliver a speech at a Thank You tour held at the Giant Center.

Trump Comments Highlight Need for a Plan When Clients Go Rogue

By Cogan Schneier |

Attorneys said there's little they can do when it comes to controlling what a client says publicly, but they still have a plan to handle the ensuing controversy.

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 appears March 20 at his confirmation hearing.

Gorsuch's Rulings in Focus as Confirmation Clash Unfolds

By Tony Mauro |

Democratic senators, repeatedly raising the blocked elevation of Merrick Garland, set a critical tone Monday as the U.S. Supreme Court confirmation hearing for Judge Neil Gorsuch got underway in Washington on Capitol Hill.

Ann Marie Buerkle, acting chairman of the U.S. Consumer Product Safety Commission.

Trump's Deregulatory Push Hits a Snag at Product Safety Commission

By C. Ryan Barber |

In times of presidential transition, it is common across the federal bureaucracy for agency heads to resign and allow the incoming administration to appoint new leadership. At the Consumer Product Safety Commission, Elliot Kaye has stayed put. The dynamic has not simply staved off Trump's pro-business, deregulatory push. The commission's three Democrats appear poised to seize on the waning days of their majority and move forward on safety regulations—and their call for higher penalties against companies.

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

Jay Clayton, SEC Chair Nominee, Grilled Over Wall Street Ties

By C. Ryan Barber |

Fending off questions about his lucrative law practice and potential conflicts of interest, Jay Clayton, the Sullivan & Cromwell partner who was nominated to lead the U.S. Securities and Exchange Commission, on Thursday defended his private sector experience as an asset and said he was "committed to showing no favoritism to anyone in this position."

R. Alexander Acosta testifies before the Senate Committee on Health, Education, Labor & Pensions during his confirmation hearing to become the next Secretary of Labor at the U.S. Department of Labor.  March 22, 2017.

Labor Secretary Nominee Acosta Says He'll Follow Trump on Fiduciary Rule

By Melanie Waddell |

R. Alexander Acosta, President Donald Trump's nominee to be secretary of the U.S. Labor Department, said Wednesday he would follow the president's Feb. 3 executive order directing the agency to review its fiduciary rule.

Peter Stris of Stris & Maher  and Jeffrey L. Fisher, co-director of the Stanford Law School Supreme Court Litigation Clinic.

Supreme Court Weighing Microsoft Case Over Class Certification Appeals

By Amanda Bronstad |

The U.S. Supreme Court on Tuesday grilled lawyers in a high-profile class action about a controversial procedural tool that allows plaintiffs to appeal a class certification order by dismissing their own case.

Arent Fox office in Washington, D.C.

Arent Fox Joins Millionaires' Club in Partner Profits

By Katelyn Polantz |

Arent Fox has kept up a growth streak that few other Big Law firms can match.

U.S. Supreme Court building

Patent Lawyers, Anticipating a Shake-Up, Warily Watch SCOTUS

By Scott Graham |

The U.S. Supreme Court is being asked to reassert a previous interpretation of the rules, which limited patent suits to the districts where companies are incorporated.

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

Here Are The Hill Lawyers Behind Obamacare Repeal Efforts

By By Kristen Rasmussen |

Here are some of the congressional attorneys playing a role in the health care legislation efforts, representing both parties, both chambers and various committees. They include Kim Brandt, chief oversight counsel, Senate Committee on Finance; Nick Bath, health policy director, Senate Committee on Health, Education, Labor and Pensions (HELP); Mike Bloomquist, deputy staff director House Committee on Energy and Commerce; Karen Christian, general counsel, House Committee on Energy and Commerce; Allison Halataei, general counsel, House Committee on Ways and Means; and Jane Lucas, legislative director for Sen. John Thune, R-South Dakota.

Regulators Seek Rare Lifetime Ban for Two Bankers

By Sue Reisinger |

The Federal Reserve Board wants to ban from banking for life two former managing directors of JPMorgan Securities in Hong Kong in connection with violations of bribery and other anti-corruption laws.

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.

UnitedHealthcare

US DOJ Probing Whether Big Insurers Overcharge Medicare, Qui Tam Suit Reveals

By Kristen Rasmussen |

In a qui tam health care fraud lawsuit against UnitedHealth Group Inc., the U.S. Department of Justice filed a document last week stating that it is investigating allegations that Health Net Inc., Aetna Inc., Cigna Corp.-owned Bravo Health Inc. and Humana Inc. fraudulently collected millions of dollars in Medicare payments by claiming patients were sicker than they actually were.

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

Gibson Dunn's Ted Olson, on Capitol Hill, Smacks CFPB

By C. Ryan Barber |

As members of Washington’s legal elite gathered Tuesday morning for the second day of Judge Neil Gorsuch's confirmation hearing, the veteran appellate litigator Ted Olson wasn't there—but he was close. Olson, a former U.S. solicitor general and now a Gibson, Dunn & Crutcher partner, appeared on Capitol Hill to assail an Obama-era agency that he's also fought in the courts: the Consumer Financial Protection Bureau.

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

Thapar Is First to Be Tapped by Trump for Circuit Judgeship

By Cogan Schneier |

President Donald Trump announced Tuesday that he nominated his first circuit judge, tapping Judge Amul Thapar, of the U.S. District Court for the Eastern District of Kentucky, to sit on the U.S. Court of Appeals for the Sixth Circuit.

Anthem, in DC Circuit, Fights to Save $54B Cigna Merger

By C. Ryan Barber |

Health insurer Anthem Inc. pressed Friday to salvage its proposed $54 billion acquisition of Cigna Corp., arguing before a Washington federal appeals court that the deal would drive down costs for consumers.

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.

Merrick Garland and Neil Gorsuch

Should No Garland Mean No Gorsuch?

By Gary J. Simson |

OPINION: Merrick Garland would have made a great U.S. Supreme Court justice, but it's time to move forward.

Trump International Hotel in Washington, D.C.

Trump's Washington Hotel is a Bridge Too Far for Fair Competition

By Steven L. Schooner & Alan B. Morrison |

OPINION: A wine bar's lawsuit argues the president's ownership unfairly tilts the playing field.

ZTE Corp. Pleads Guilty to Violating Iran Trade Sanctions

By Sue Reisinger |

Chinese telecom giant ZTE Corp. pleaded guilty Wednesday to illegally shipping communications and surveillance equipment to Iran in violation of U.S. export controls, and agreed to pay record penalties that could reach $1.2 billion.

Danielle Conley, partner, Wilmer Cutler Pickering Hale and Dorr LLP.

Washington Wrap: Wilmer Grows Civil Rights Practice, Agency GCs Find Homes, Gorelick Explains Trump-Team Clients

By Katelyn Polantz |

The latest D.C. Big Law hires and other industry news.

Cat Lamps and Van Gogh’s Shoes Make Cameo Appearance in SCOTUS Ruling

By Tony Mauro |

In its ruling Wednesday in Star Athletica v. Varsity Brands, an important copyright dispute over the design of cheerleader outfits, the U.S. Supreme Court decided words were not enough.

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.

U.S. Supreme Court building.

Docket Chat: Meanwhile, Back at the Supreme Court

By Tony Mauro |

The U.S. Supreme Court rarely alters its schedule for external events such as elections or blizzards, and confirmation hearings are no different. While Supreme Court nominee Neil Gorsuch's Senate confirmation hearing got underway Monday at the Hart Senate Office Building, across the street the high court was minding its business by hearing cases, with two arguments Monday and two each set for Tuesday and Wednesday. Five cases will be argued next week.

<b>INVESTIGATED:</b> An inspector general report in 2006 found that Amtrak failed to take steps to limit legal costs and review work performed by outside counsel. The carrier adopted a series of reforms.

Gibson Seizes Win as Railroad Regulation Dispute Reaches End of the Line

By Cogan Schneier |

After six years of litigation and a trip to the U.S. Supreme Court, a federal judge on Thursday struck down a 2008 railway regulation.

Brad Feuer, Barnes & Noble general counsel

In-House Counsel Profile: Barnes & Noble Inc.'s Brad Feuer

By Stephanie Forshee |

"It's really important to understand the industry you work in."

National Labor Relations Board in Washington, D.C.

Justices' Ruling on 'Acting' Officials Is Silent on Past Labor Decisions

By Tony Mauro |

A National Labor Relations Board dispute has once again become the crucible for a U.S. Supreme Court ruling about the rules for filling vacancies in executive branch positions. By a 6-2 vote, the high court ruled Tuesday that someone serving in an acting capacity in a position subject to Senate approval cannot continue in that position after being nominated by the president to the same job on a permanent basis.

Periscope: Marcia Coyle on the First Day of Gorsuch Hearings

NLJ’s senior Washington correspondent Marcia Coyle catches up on the the start of Neil Gorsuch’s confirmation hearing on Capitol Hill.

Jeff Lamken, partner with MoloLamken, testifies before the Senate Judiciary Committee during the confirmation hearing of judge Neil Gorsuch to replace the late Antonin Scalia at the U.S. Supreme Court. March 23, 2017.

Big Law Goes to Bat for Gorsuch

By Tony Mauro |

MoloLamken's Jeffrey Lamken applauded the nominee's “great judgment” and listening skills. Latham & Watkins partner Alice Fisher also showered praise on Neil Gorsuch in testimony Thursday before the Senate Judiciary Committee.

Leprechaun Movie Still

VOIR DIRE: Drawing Blood

By Richard Binder |

Vampire-leprechaun hybrids and punctuation in this week's column.

<center>Senators Dianne Feinstein (D-CA), left, and Chuck Grassley (R-IA), right, with judge Neil Gorsuch, center, before the start of his confirmation hearing before the Senate Judiciary Committee to replace the late Justice Antonin Scalia at the U.S. Supreme Court.  March 20, 2017.</center>

Slideshow: Neil Gorsuch's Confirmation Hearing, Day One

By ALM Staff |

Supreme Court nominee Neil Gorsuch spent Monday on Capitol Hill, and ALM's Diego Radzinschi was on hand to capture moments from his confirmation hearing.

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.

Wilfredo Ferrer.

IN BRIEF: US Attorney Ferrer Jumps to Holland & Knight

Outgoing U.S. attorney for the Southern District of Florida Wifredo Ferrer is joining Holland & Knight as a partner in its Miami office, leading the firm's global compliance and investigations team. Plus more in this week's column.

Call for Nominations: Washington D.C. Legal Departments of the Year

We will recognize the D.C. region's top in-house departments for overall excellence, outside counsel management, corporate compliance, major transactions/litigation, diversity and pro bono work.

Alston & Bird opens new San Francisco office. L-R Bo Phillips, Jeff Tsai, Teresa Bonder and Michael Agoglia.

IN BRIEF: Alston Raids Reed Smith, MoFo for San Fran, LA Offices

Atlanta-based Alston & Bird has scooped up financial services litigator Michael Agoglia from Morrison & Foerster and a seven-lawyer class action defense team led by Robert "Bo" Phillips Jr. from Reed Smith to open a San Francisco office and expand its Los Angeles office. Plus more in this week's column.

VOIR DIRE: Full of It

By Richard Binder |

A man poses as a Secret Service agent to get girls, and a river becomes a person in this week's column.

Advancing Value-Based Contracting for Drugs

By Barry Boise, Barak Bassman and Mary Margaret Spence |

How best price and anti-kickback laws create unnecessary uncertainty in the aim to pay for what works.

What's Next for Pharma in the Age of Trump?

By William Abbott Garvin and Alexandre H. Gapihan |

Expect POTUS, Congress to respond to excessive industry pricing and to focus more on opioid abuse.