Most Popular

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.

Charles Cooper, second from right, sat behind his friend and client Jeff Sessions at the attorney general's Congressional testimony last week.

Chuck Cooper Confirms: He's AG Jeff Sessions' Lawyer

By Katelyn Polantz |

Cooper didn't provide additional details on the nature of the representation&including whether it extends to the criminal inquiry into Trump campaign affiliates' involvement with Russia.

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.

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.

Robert Mueller

Mueller, Ashcroft Win Supreme Court Ruling That Blocks Sept. 11 Claims

By Marcia Coyle |

The U.S. Supreme Court on Monday blocked a lawsuit from moving forward against former George W. Bush administration U.S. Attorney General John Ashcroft and former FBI director Robert Mueller III over claims they crafted and executed unlawful detention policies in the aftermath of the September 11, 2001, terror attacks.

John Dowd.

Kasowitz Plus Dowd Equals Combative Mix for Team Trump

By Katelyn Polantz |

Depending on whom you ask, John Dowd is either the perfect choice to represent President Donald Trump or a combustible addition to his already unconventional criminal defense team.

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.

Kent Walker, Google general counsel

Google's Top Lawyer Says Digital-Evidence Law Needs 'Fundamental Realignment'

By C. Ryan Barber |

Since the dawn of the digital age, tech companies have grappled with the protection of privacy rights amid demands from foreign and domestic authorities seeking evidence for investigations. Those competing pressures have meant a tricky balancing act—but Google's top lawyer has some ideas for making it easier.

Robert Mueller

Mueller Bolsters Russia Team's Appellate Readiness in New Hire

By Marcia Coyle |

Adam Jed, a 2008 Harvard Law School graduate and former clerk to U.S. Supreme Court Justice John Paul Stevens, has joined Special Counsel Robert Mueller III's legal team in the investigation of Russia's interference with the U.S. presidential election. At the DOJ, Jed defended the Affordable Care Act and helped implement the Supreme Court's DOMA ruling.

Bristol-Myers Squibb

Access to Plaintiff-Friendly Jurisdictions Constrained in 'Game-Changing' SCOTUS Ruling

By Amanda Bronstad |

Monday's landmark decision by the U.S. Supreme Court in "Bristol-Myers Squibb v. Superior Court of California" has already had a massive impact. In mere hours, a judge in Missouri granted a motion for mistrial in a pivotal trial over Johnson & Johnson's baby powder due to the court's decision. Even plaintiffs lawyers concede that "Bristol-Myers" took a hatchet to a lucrative growth area in mass torts: Lawsuits brought on behalf of dozens of individuals in venues considered more favorable to plaintiffs.

Federal Trade Commission

Humana Calls FTC Subpoena a 'Fishing Expedition,' and Then Gets Sued

By C. Ryan Barber |

A Washington federal judge has set a showdown for Thursday between Humana Inc. and the Federal Trade Commission over whether the insurer will be forced to disclose documents the agency says it needs for its investigation of Walgreens Boots Alliance Inc.'s proposed $7 billion acquisition of Rite Aid Corp.

Representative Blaine Luetkemeyer (R-MO), speaking at the Financial Services Roundtable in Washington, D.C., on the subject of “Financial Regulation: What to Expect Next from the Trump Administration and Congress,” on June 21, 2017.

Trump and Cordray Are 'Two Bulls Circling Each Other,' GOP Lawmaker Says

By C. Ryan Barber |

Financial Services Roundtable hosted a regulatory reform panel Wednesday in Washington, where Covington & Burling partner John Dugan, Rep. Blaine Luetkemeyer of the House Financial Services Committee, and others offered observations about what's happening, and what's next.

National Labor Relations Board in Washington, D.C.

Big Business Urges Justices to Uphold Bans on Employee Class Actions

By Marcia Coyle |

Big-business advocates are lining up with the Trump administration's new position in the U.S. Supreme Court that workplace arbitration agreements banning class actions do not violate federal labor law.

Paul Smith.

The Next Big Political Case at the Supreme Court: 6 Key Questions

By Marcia Coyle |

The U.S. Supreme Court said Monday it will dive into a dispute over partisan gerrymandering next term. The outcome could have sweeping national consequences. Here's what to know.

Anthony Kennedy.

In Takings Case, Supreme Court Snubs Property Rights Advocates

By Tony Mauro |

The U.S. Supreme Court, ruling 5-3 in favor of Wisconsin in a property rights dispute, disappointed business groups that were hoping to boost regulatory takings claims.

National Labor Relations Board in Washington, D.C.

What Labor Lawyers Are Saying About Marvin Kaplan, Trump's First NLRB Pick

By Erin Mulvaney |

Long-time public sector attorney Marvin Kaplan was tapped Monday by President Donald Trump for a vacancy on the National Labor Relations Board, moving the agency tasked with ruling on major disputes between businesses and unions one step closer to a Republican majority for the first time in nearly a decade.

Wendell Taylor.

Hunton Swaps DC Leaders After Antitrust Team Joins Shearman

By Katelyn Polantz |

After David Higbee unexpectedly resigned to join Shearman & Sterling—taking four other antitrust partners with him—Hunton & Williams named Wendell Taylor to replace him as head of its Washington office.

22nd Circuit Judge Rex Burlison of Missouri

SCOTUS Ruling Instantly Touches Off Mistrial in Missouri Talc Case

By Amanda Bronstad |

In a dramatic end to a pivotal trial over Johnson & Johnson's baby powder, a Missouri judge has granted a mistrial in light of the U.S. Supreme Court's ruling on Monday in Bristol-Myers Squibb v. Superior Court of California.

Adina Rosenbaum, Public Citizen Litigation Group

Class Action 'Pick-Off' Move Ruled a Balk in Federal Courts

By Amanda Bronstad |

A loophole left open for defendants in a critical class action ruling by the U.S. Supreme Court last year is making little headway in the courts, with the U.S. Court of Appeals for the Seventh Circuit striking down the procedural maneuver this week.

Scott Schoettes, counsel and HIV project director at Lambda Legal.

Lambda Legal Attorney, 5 Others Leave Trump's HIV/AIDS Council

By Kristen Rasmussen |

Citing evidence that the president "simply does not care," members of the Presidential Advisory Council on HIV/AIDS, including one attorney, stepped down last week.

Jack Quinn.

Jack Quinn Returns to Big Law, Trading Lobby Shop for Manatt

By Katelyn Polantz |

Manatt, Phelps & Phillips announced Tuesday that Quinn is now a partner at the firm and will chair its federal regulatory and government practice in Washington.

Miller & Chevalier offices in Washington, D.C.

Miller & Chevalier Saddles Up for 100th Anniversary with New Chairman

By Katelyn Polantz |

Tax specialist Marc Gerson will take over as chairman of the 105-lawyer Washington firm, which recently moved to new offices and will celebrate its 100th anniversary in 2020.

Quinn Emanuel Urquhart & Sullivan offices in Washington, D.C. September 14, 2016. Photo by Diego M. Radzinschi/ALM

US Chamber Renews Criticism of IRS 'Outsourcing' Audits to Law Firms

By C. Ryan Barber |

The U.S. Chamber is seizing on the Trump administration's review of tax regulations in urging the IRS to rescind its authority to retain outside counsel for audits. The agency's contract with Quinn Emanuel several years ago, to examine Microsoft, drew criticism.

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.

A Customs and Border Protection officer watches travelers at Miami International Airport.

Feds' MDL Bid May Further Delay Info on Travel Ban Detentions

By Amanda Bronstad |

The ACLU's legal efforts in obtaining records of everyone detained or removed under President Donald Trump's executive orders on immigration might have to wait a bit longer after the U.S. Department of Justice moved last month to coordinate the organization's 13 lawsuits into multidistrict litigation.

D. Brian Hufford, of Zuckerman Spaeder in New York City

Niche-Market Lawyers Battle Insurers' Disparate Treatment of Mental Health Claims

By Kristen Rasmussen |

A group of attorneys are pursuing cases against insurers that they say are putting patients with behavioral, rather than physical, health problems at a disadvantage.

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.

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.

Acosta Makes Apprenticeship Pitch to Manufacturing Trade Association

By Erin Mulvaney |

U.S. Labor Secretary Alexander Acosta on Wednesday promoted apprenticeship programs as key to closing the skills gap in a speech to a friendly audience of the National Association of Manufacturers, the powerful trade group that participated in many lawsuits against the U.S. Labor Department during the Obama administration.

Lawsuit Over Premise of 'Inside Out' Just the Latest Hit on a Disney Hit Movie

By Todd Cunningham |

Disney and Pixar were hit with a lawsuit filed in federal court Tuesday on behalf of Minnesota child development expert Denise Daniels, who claims studio executives used her original ideas to create the 2015 film, which was a critical, box office and awards hit.

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.

An advertisement for the daily fantasy sports site DraftKings, on display in New York, on  October 15, 2015.

DraftKings-FanDuel Merger Battle Will Hinge On Who Rivals Really Are

By Todd Cunningham |

With the proposed merger of DraftKings and FanDuel in the crosshairs of the Federal Trade Commission, the two largest daily fantasy sports sites are looking at the prospect of going it alone in order to survive.

Associate Justice Neil Gorsuch.

Gorsuch, in First Dissent, Rejects Invitation to 'Tweak' Statute

By Marcia Coyle |

In writing his first dissent, which came in the first case he heard as a new justice, Neil Gorsuch on Friday told his colleagues what will surely be his governing mantra: "Just follow the words of the statute as written."

Illegal immigrants are transferred out of the holding area after being processed at the Tucson Sector of the U.S. Customs and Border Protection headquarters in Tucson, Ariz.

The Roberts Court Hasn't Reargued Many Cases. That Could Change

By Marcia Coyle |

The possibility that the U.S. Supreme Court will rehear a set of cases—including several immigration disputes—looms over the justices as the term moves into its final weeks.

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

CFPB Plays Hardball in Subpoena Fight, Chamber Smacks IRS 'Outsourcing': Regulatory Wrap

By C. Ryan Barber |

The Consumer Financial Protection Bureau wants to hold a company in contempt over document production, the U.S. Chamber dings the IRS for working with private law firms on audits, and President Trump makes his first pick for the National Labor Relations Board. This is a regulatory news roundup from ALM publications and around the web.

Healthcare Bankruptcy: Not Garden-Variety

By David A. Samole, The Bankruptcy Strategist |

For the remainder of 2017, due in part to the current uncertainty in the healthcare industry and its legislative oversight, more financially distressed providers are considering Chapter 11 bankruptcy to effectuate closures, consolidation, restructurings and related transactions.

Four SCOTUS Page-Turners for Your Summer Reading List

By Tony Mauro |

Tony Mauro highlights the best of this year's Supreme Court fiction, where justices have lives, including sex lives, and get caught up in all kinds of mayhem. In between the heart-pounding action, you might find some useful insights about the court.

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.

FTC Proposed Complaint Says Fantasy Sports Merger Creates Monopoly

By Todd Cunningham |

Details of the Federal Trade Commission's complaint against the proposed merger of fantasy draft sports DraftKings and FanDuel have come to light in an FTC proposal for a version to be distributed to the public once the actual complaint is filed.

The Slants

Slants' High Court Win Opens the Gate for 'Offensive' Trademark Bids

By Todd Cunningham |

When the Supreme Court this week gave a green light to a rock band composed of Asian-American musicians that wanted to use the name "The Slants," it struck down a portion of the 71-year-old Lanham Act that bars disparaging trademarks. That gave a major boost to the hopes of the owners of the NFL's Washington Redskins, who have already filed to establish the case as controlling precedent in their battle to reinstate their trademark, which was suspended as racially offensive toward Native Americans. But they weren't the only ones.

GMO Seed Developer Hit With $218M Verdict in Case Over Corn That Wouldn't Sell to China

By Amanda Bronstad |

A federal jury has awarded $218 million to 7,300 farmers in Kansas who brought a class action alleging Syngenta AG was negligent in selling a genetically modified strain of corn seed that it knew China wouldn't import.

Row Over DJ Casey Kasem's Death Spawns New Federal Suit

By Todd Cunningham |

The widow of Casey Kasem has filed a wrongful death lawsuit against the radio personality's three adult children from another marriage.

Sanofi-Aventis at 55 Corporate Drive in Bridgewater, NJ.

Drugmaker Brandishes 'Bristol-Myers' in Bid to Quell Suits Over Chemo Drug

By Amanda Bronstad |

Sanofi-Aventis U.S. LLC is brandishing a recent U.S. Supreme Court decision to take aim at nearly 70 women who have filed lawsuits over its chemotherapy drug Taxotere.

Trial Date Set in Murder of Fla. State Law Prof Dan Markel

By Karen Sloan |

One of two men accused of gunning down Florida State University law professor Dan Markel in 2014 is scheduled to go to trial for murder in January.

Judge Jerry Smith of the U.S. Court of Appeals for the Fifth Circuit. (2009.)

Fifth Circuit Ends Injunction Against Nations Harshest Anti-Gay Law


The U.S. Court of Appeals for the Fifth Circuit has reversed a federal trial court’s decision halting the implementation of one the harshest anti-gay laws in the country, ruling that LGBT plaintiffs do not have standing to challenge a Mississippi measure that allows for discrimination based on a person’s religious beliefs.

How Cisco's IP Strategy to Stop Arista Went Bust

Two and a half years ago, Cisco Systems Inc. declared IP war on networking rival Arista Networks Inc. Cisco general counsel Mark Chandler announced on his blog “official action to stop Arista’s brazen misappropriation of the fruits of our engineers’ labor.” He listed 14 patents that Arista was allegedly infringing and called out copyright infringement that was “a strategy, not an accident.”

Good Samaritan Scores Summer Associate Gig After Train Station Assault

It was Friday rush hour on May 12th and John Rowley III, a partner at Baker McKenzie in Washington, D.C., was disembarking from a Washington Metropolitan Area Transit Authority train on his way to meet with a friend at his office near the Gallery Place-Chinatown station in the nation’s capital.

9th Circuit 'Dancing Baby' Decision Will Stand

The Electronic Frontier Foundation has lost a Supreme Court bid to lower the standard for proving that the removal of content from YouTube and other platforms was unreasonable.

PDF of Today's Print Edition

Download the News section of the The Daily Business Review in PDF format.

How Cisco's IP Strategy to Stop Arista Went Bust

By Scott Graham |

Two and a half years ago, Cisco Systems Inc. declared IP war on networking rival Arista Networks Inc. Today, Cisco’s case against Arista is hanging by a few tenuous threads.