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LAST DAY! Nominate a Trailblazer to be featured in our Sept/Oct issue! We will be featuring Class Action/Mass Tort Trailblazers and Employment/Discrimination Law Trailblazers in this section. Nominations are open through May 26. https://bit.ly/3VmXrcC
Plaintiffs allege that they are at increased risk of identity theft, if they haven’t fallen victim to it already, and have lost time and privacy and suffered damage to their credit scores as a result of the ordeal. http://ow.ly/2aha50OxApG
According to the complaints, on April 28, 2023, the plaintiffs got notice of a cyber attack on the network that lasted from March 29 to April 14,...
“In my view, the court’s new test is overly narrow and inconsistent with the act’s coverage of adjacent wetlands,” Justice Kavanaugh wrote in a concurrence joined by Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. http://ow.ly/LT6350OxA3i
A fractured decision from the justices reins in the EPA's regulation of wetlands.
Finnegan, Buckley, Miles & Stockbridge, and Wiley moved down slots in the 2023 Am Law 200 revenue rankings.
http://ow.ly/YavQ50OxzFm
Steptoe & Johnson, in last year's Am Law 100, fell down to the Second Hundred rankings this year, despite growth in revenue and PEP.
Hourly rates for all partners jumped between 2021 and 2022 by 4.5%. That’s higher than the increases in 2020 (3.5%) and 2021 (3.4%), and the highest since CounselLink first began producing the trends report in 2013.
http://ow.ly/i3Pf50Ow9sF
The median hourly rate for partners in M&A shot up the highest, while partners in Chicago, D.C. and LA saw some of the largest increases.
The changes have been met with cautious optimism by many bar exam watchers, as well as some skepticism that they will go far enough to make the exam reflect what lawyers actually do in practice.
http://ow.ly/ActB50Ox7fv
“It is a function of an organization like the National Conference of Bar Examiners, as part of this obligation, frankly, to the jurisdictions that...
The federal government is technically the losing party in Monday’s U.S. Supreme Court ruling forcing the Federal Deposit Insurance Corp. back to square one in its enforcement action against the former CEO of a Michigan community bank. And yet, there’s reason to think the decision was a welcome one for regulators. http://ow.ly/471V50Ox755
The justices summarily ruled against the agency Monday. Here’s why the government’s decision to essentially concede defeat in the case may have...
After a year of planning, the firm is launching its Morgan Associates Program, offering 60 students from the top 100 U.S. law schools a 10-week immersive trial law experience. http://ow.ly/jNjs50Ox70l
For the first time, the firm selected 60 students for its summer associates program, which allows all participants to get exposure to the various...
In its 9-0 decision, the high court sided with a 94-year-old woman in a dispute over money taken from the sale of her condo by a Minnesota county.
http://ow.ly/SHTL50Ox6Uq
“Our precedents have ... recognized the principle that a taxpayer is entitled to the surplus in excess of the debt owed,” wrote Chief Justice John...
A judge denied a motion for summary judgment made by the CIA and others in a lawsuit filed against the agencies by the ACLU of Massachusetts under the Freedom of Information Act over an alleged standing order issued by President Donald Trump regarding the declassification of documents. http://ow.ly/VrjE50Ox6G5
The First Circuit has instructed that Exemption 7(A) leaves 'no room for judicial balancing' and if the court concludes the requested documents...
Writing for the unanimous court, Justice Amy Coney Barrett said the U.S. Court of Appeals for Fourth Circuit was on the wrong side of a circuit split when it said a Maryland corrections officer held liable for assaulting an inmate could not make a claim on appeal because he failed to raise his legal argument in a Rule 50 post-trial motion.
http://ow.ly/BFml50Ox6j1
Just going through the (Post-Trial) motions would be a waste of time, the Supreme Court says.
The ex-Trump adviser is accused of pocketing donor money meant for the “We Build the Wall” non-profit, which aimed to collect money from private citizens to erect a barrier along the US-Mexico border.
http://ow.ly/KLIb50Ox5Rr
Bannon has previously pleaded “not guilty” to charges of money laundering, scheme to defraud, and conspiracy.
In interviews, some law firm sources indicated that the supply of veteran government attorneys willing to leave for law firms has paled in comparison to 2021 and early 2022 when the job market was more lucrative. http://ow.ly/kL2t50OwM9L
The supply of veteran government attorneys willing to move may have slowed, while economic uncertainty is leading to fewer partner hires across the...
PBMs are widely regarded as the middle man in the pharmaceutical pipeline, and influence how much patients pay for medication and hold sway over what drug insurers cover, according to critics who say PBMs are greedily exploiting their position by causing drug prices to increase. http://ow.ly/znV450OwLo8
Industry says any statutory or regulatory push must examine the full prescription drug supply chain.
U.S. District Judge Amy Berman Jackson’s order, issued Tuesday, is the first substantive ruling in a handful of since-consolidated cases that could impact the agency’s ability to regulate deals with antitrust immunity created by state legislatures in the future.
http://ow.ly/QeXl50OwJFR
“Will the District Court’s decision be binding on other parties and cases? No, but it will provide AN answer by a court to some of these questions,...
Since Rule 41’s language states only whole “actions” can be voluntarily dismissed without a court order, that third claim remains pending before the district court and there’s no final decision for the appellate court to review, the judges said. http://ow.ly/6hi150OwJ9A
Eleventh Circuit clarifies that plaintiffs can voluntarily dismiss entire lawsuits under Rule 41, but not individual claims.
“Everyone has experienced robocalls and nobody likes them,” New Jersey Attorney General Matthew Platkin said. “Through this complaint, we are cracking down on billions of scam calls, and stopping them from continuing to bother our residents.”
But the defendants deny any wrongdoing.
http://ow.ly/KnEz50OwGEH
“Everyone has experienced robocalls and nobody likes them,” New Jersey Attorney General Matthew Platkin said. “Through this complaint, we are cracking down on billions of scam calls and stopping them from continuing to bother our residents.”
!["I think Chairman [Gary] Gensler finds himself caught between two factions—if that’s even the right word. Obviously you ...](https://img4.medioq.com/040/985/2664075370409858.jpg)
"I think Chairman [Gary] Gensler finds himself caught between two factions—if that’s even the right word. Obviously you have those who are critical of the rule and feel that it would be exceptionally burdensome on corporate America. ... There are whispers that the SEC may get sued by progressive left groups, whether they be civic activists, or environmental groups, or large institutional investors. Trying to figure out how to satisfy both sides is what’s likely occupying much of the SEC’s attention at the moment." http://ow.ly/1q9f50Ow9WZ
Anticipated SEC Scope 1 to 3 emission disclosure rules may—at least in part—fall short of cost-benefit analysis for corporate clients.
"Employers should always be careful when talking to competitors about employment-related issues, especially when reaching agreements or 'understandings,' and seek guidance from antitrust counsel." http://ow.ly/GahG50Ow9Uv
Despite a most recent string of acquittals, the DOJ appears committed to keep challenging non-solicitation and no-poach agreements.
“The jury’s verdict in favor of the company brings this trial to a successful conclusion and is consistent with the evidence in this case that Roundup is not responsible for the plaintiff’s illness,” a Bayer spokesman said in a statement.
http://ow.ly/xTXJ50Ow9sf
A jury in Clayton, Missouri, issued its defense verdict late Tuesday after about five hours of deliberations.
The program with a substantial price tag of $2 million is meant to put Morgan & Morgan on the map as a pipeline for top legal talent entering plaintiffs work, the firm said. http://ow.ly/p3sM50Ow9rF
For the first time, the firm selected 60 students for its summer associates program, which allows all participants to get exposure to the various levels of plaintiffs work from intake to trial, with a large percentage of them likely to land a job offer.
While clearly a common mission among plaintiffs firms, the concept post-COVID of purpose-driven work has taken on new meaning, and fits well into a plaintiffs firm’s core values.
http://ow.ly/CnH450Ov2Z1
Post-COVID, plaintiffs firms are leveraging the increased focus on purpose-driven work, though they still have similar struggles to Big Law on...
The SEC trotted out a 510-page proposed rule in March 2022. It would require public companies to detail climate-related risks they face and disclose greenhouse gas emissions. http://ow.ly/yOfJ50OvZeq
Given the legal and political challenges, along with the need to craft a balanced set of rules—one that would be likely to survive a court challenge—it's hardly surprising that the process is taking longer than anticipated, according to Cydney Posner, a Cooley special counsel.
FINAL WEEK! Nominate a Trailblazer to be featured in our Sept/Oct issue! We will be featuring Class Action/Mass Tort Trailblazers and Employment/Discrimination Law Trailblazers in this section. Nominations are open through May 26. https://bit.ly/3VmXrcC
Companies know that, if they stay silent, some violations will never be found. On the other hand, the agency has sweetened the pot by giving the first company engaged in a conspiracy that fesses up full leniency. As a result, in some cases there might be a race to be first to admit guilt. http://ow.ly/B1Fg50Ov33v
You're going to see scrutiny like you've never seen before, BakerHostetler partner John Carney said of the DOJ's pursuit of wrongdoing. It's not...
It was the largest, most profitable firms—not those in the Second 50, Second Hundred or beyond—that saw the biggest declines in demand last year. And, while demand shrank, head count grew across segments. Significantly. http://ow.ly/Hg0b50Ov33c
Mergers, group hires and new office launches are all on the road map for Am Law 200 firms as they look to take advantage of opportunities in...
For the first time in Florida history, three women will sit on the state Supreme Court.
http://ow.ly/iEKs50Ov32v
The appointment means that five of the Florida Supreme Court's seven sitting justices are now DeSantis appointees.
Chief Judge James Boasberg of the U.S. District Court for the District of Columbia ruled late last week that “J. Doe” satisfied three of five criteria for determining the lawyer’s “legitimate interest in anonymity.”
http://ow.ly/6TVT50Ov32a
Chief Judge James Boasberg seemed underwhelmed with the attorney's arguments but granted the request anyway. Boasberg said the judge who'll be...
When Massachusetts U.S. Attorney Rachael Rollins showed up at a Democratic fundraiser in July 2022, it set in motion a damning report that went on to detail additional violations by the Joe Biden nominee. http://ow.ly/8pRP50Ov2ZJ
The DOJ inspector general's report is all the reminder U.S. attorneys need that the Hatch Act will be enforced, says a current federal prosecutor.
Crow’s attorney, Michael D. Bopp of Gibson, Dunn & Crutcher, challenged Congress’ authority to even “impose ethics rules and standards on the Supreme Court.” http://ow.ly/Ln0650Ov2Yj
The billionaire GOP donor has taken a defiant stance against efforts to investigate decades of secret luxury travel perks and other benefits...
“Under the challenged admissions policy, Asian American applicants to TJ enjoy far greater success in securing offers of admission than do prospective students from any other racial or ethnic group,” Judge King wrote in the opinion. http://ow.ly/CT2650Ov2Xb
The majority said the race-neutral policy is linked to the school’s interest in promoting a diverse student body.
A muted Trump, who was calling into the hearing virtually, threw up his hands and began muttering—apparently angrily—to counsel Todd Blanche and shaking his head as the date was set.
http://ow.ly/mB1450Ov307
A muted Trump, who was calling into the hearing virtually, threw up his hands and began muttering—apparently angrily—to counsel Todd Blanche and shaking his head as trial was set for March 25, 2024.
The Fed suggests the real deadline will come in early June, as early as June 1 according to a Monday letter from Treasury Secretary Janet Yellen, and with it come questions for the nation’s judiciary. http://ow.ly/H9kC50Ov2WC
An effort to find precedent by comparing the debt-ceiling impasse to a federal shutdown, like the one the country incurred in early 2019, was a challenge.
Debt Ceiling Impasse Creates Uncertainty for Federal Courts
An effort to find precedent by comparing the debt-ceiling impasse to a federal shutdown, like the one the country incurred in early 2019, was a challenge.
The EU commission last week placed conditions on Microsoft’s purchase that would allow consumers a free license in the European Economic Area, enabling EEA-based gamers to play via any game streaming services of their choice. The conditions would last for 10 years. http://ow.ly/ClW050OtQsu
U.S. Federal Trade Commission has concerns that $69 billion deal would unfairly harm competition.
The four-count indictment charges her with conspiracy to commit bank and wire fraud along with separate charges of bank, wire and securities fraud.
http://ow.ly/hC6e50OtQnq
Javice appeared by video alongside her attorney Alex Spiro of Quinn Emanuel Urquhart & Sullivan. The four-count indictment charges her with...
Bank of America was hit with a lawsuit by Urban Echo Energy in the U.S. District Court of Maryland on Monday, which alleged that the bank took possession of $5.1 billion in drafts, blocking plaintiff Urban Echo from making a successful bid for the Washington Commanders’ National Football League franchise.
http://ow.ly/cvoa50OtQlL
This case was first surfaced by Law.com Radar.
The decision revolved around Facebook’s use of so-called standard contractual clauses, preapproved model clauses that companies sending and receiving European customers’ data can incorporate into contractual arrangements to comply with data protection requirements under GDPR. http://ow.ly/F1iA50OtQ0S
The ruling contains the largest data privacy fine to be issued in the European Union since the bloc’s General Data Protection Regulation, or GDPR,...
Judicial discipline bodies in numerous states, including Pennsylvania, reported record numbers of complaint filings in 2022. Pennsylvania Judicial Conduct Board chief counsel Melissa Norton said the spike may be due to more cases being processed following the pandemic. http://ow.ly/xXP250OtPQh
“There's a pretty clear connection between the increase in judicial complaints and the polarized nature of the political situation that our country...
Judge Orders 3M CEO Mike Roman to Attend This Week's Earplug Mediation
“Sometimes, the nature and demands of a situation are far-reaching and consequential enough that the leader must be in the room,” wrote U.S. District Judge M. Casey Rodgers. “This is one of those times.”
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ICYMI: Here’s a look at the nominees Biden could potentially choose for his first Supreme Court appointment. Read the National Law Journal's full report: http://ow.ly/TAf350HGuHL
The sudden death of Justice Ruth Bader Ginsburg left the nation in mourning Saturday, as tributes came in from across the country. Here’s a look back at the justice’s career through the years: https://bit.ly/3kv4OuY
#LegalSpeak Podcast: In this clip, Angela Onwuachi-Willig Angela Onwuachi-Willig shares her mentor story about Kevin Johnson, dean of UC Davis Law. Listen to full episode here http://ow.ly/xP0C30n7Gqf
#LegalSpeak Podcast: In this clip, partner Elizabeth Cabraser shares her mentor story about Robert Lieff of Lieff Cabraser. Listen to full episode here http://ow.ly/cIbN30n73UR
#LegalSpeak Podcast: We explore the meaning & nature of mentoring in the legal profession. In this clip, Bob Giuffra talks about his mentor, high powered Sullivan & Cromwell litigator Vince DiBlasi. Listen to full episode here http://ow.ly/mshe30n6OP7
Catch up with Marcia Coyle, chief Washington correspondent for The National Law Journal, on what to watch at Friday's U.S. Supreme Court conference.
Marcia Coyle, chief Washington correspondent at The National Law Journal, was in court Monday as the justices delivered their first flurry of opinions in the new term. She shares her observations:
The National Law Journal hosted its 2017 Legal Awards at the Mayflower Hotel in Washington on Nov. 9. The NLJ lauded law firms and lawyers from across the country, including three 2017 Lifetime Achievers: Benjamin Wilson, chairman of Beveridge & Diamond; Elizabeth Cabraser, a founding partner of Lieff Cabraser and David Abromowitz, a partner with Goulston & Storrs. Other honorees included overall Washington Legal Department of the Year co-winners: Hilton Worldwide Holdings Inc. and Marriott Corp. and overall DC Litigation Department of the Year co-winners: Kirkland & Ellis and Wilmer Hale. The NLJ also honored 12 law firms named to its Pro Bono Hot List and 40 DC Rising Stars. We salute all of our honorees. See the full slideshow on the NLJ site: https://www.law.com/nationallawjournal/sites/nationallawjournal/2017/11/20/the-nlj-celebrates-its-2017-legal-awards-honorees-see-the-slideshow/
