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The National Law Journal

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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 Trail...
05/26/2023

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 ha...
05/26/2023
Class Action Data Breach Litigation Surge Hits Georgia Health Tech Company | National Law Journal

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,...

The federal government is technically the losing party in Monday’s U.S. Supreme Court ruling forcing the Federal Deposit...
05/25/2023
Why Regulators Won’t Mourn FDIC’s Supreme Court Loss | National Law Journal

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...

A judge denied a motion for summary judgment made by the CIA and others in a lawsuit filed against the agencies by the A...
05/25/2023
CIA Denied Summary Judgment in Fight Over Trump Doc Declassification | National Law Journal

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 ...
05/25/2023
‘Empty Exercise’: Justices Back Appellate Review of Legal Issues Not Relitigated Post Trial | National Law Journal

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.

PBMs are widely regarded as the middle man in the pharmaceutical pipeline, and influence how much patients pay for medic...
05/25/2023
It's Time to Take Action on PBMs' Anti-Competitive Practices, Lawmakers Say | National Law Journal

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-co...
05/25/2023
DC Judge Spurns FTC in State Action Immunity-Linked Louisiana Hospital Merger Dispute | National Law Journal

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 clai...
05/25/2023
Appeals Court Gives Clarity on Voluntary Dismissals, but Inconsistency Among Judges Remains | National Law Journal

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 t...
05/25/2023
'Nobody Likes Them': 49 AGs Joined Forces to Sue This Defendant | National Law Journal

“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 ...
05/25/2023
The Cost Benefit Analysis of Expected SEC Disclosure Rules Leaves Questions | National Law Journal

"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.

The program with a substantial price tag of $2 million is meant to put Morgan & Morgan on the map as a pipeline for top ...
05/25/2023
Morgan & Morgan Launches $2 Million Summer Associates Program | National Law Journal

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.

The SEC trotted out a 510-page proposed rule in March 2022. It would require public companies to detail climate-related ...
05/24/2023
SEC Keeps Delaying Rollout of Controversial Climate Disclosure Rules | National Law Journal

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 Tra...
05/24/2023

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 sweeten...
05/24/2023
DOJ's New Self-Reporting Program Leaves Companies With Tough Call on Whether to Fess up | National Law Journal

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...

Chief Judge James Boasberg of the U.S. District Court for the District of Columbia ruled late last week that “J. Doe” sa...
05/24/2023
Judge Lets In-House Attorney Fearing 'Reputational Harm' From FDA Probe Keep Anonymity for Now | National Law Journal

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 d...
05/24/2023
Investigation Into Politicking US Attorney Provides Stern Warning to Federal Prosecutors | National Law Journal

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.

“Under the challenged admissions policy, Asian American applicants to TJ enjoy far greater success in securing offers of...
05/24/2023
‘Counter to Common Sense:’ Split 4th Circuit Says School Admissions Policy Doesn’t Discriminate | National Law Journal

“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 ...
05/24/2023
Donald Trump, in Virtual Appearance, Seethes as Merchan Sets Criminal Trial Date | National Law Journal

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 EU commission last week placed conditions on Microsoft’s purchase that would allow consumers a free license in the E...
05/23/2023
Microsoft's Bid for Activision Gets Boost From EU's Conditional Approval, Attorneys Say | National Law Journal

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 decision revolved around Facebook’s use of so-called standard contractual clauses, preapproved model clauses that co...
05/23/2023
Meta Slapped With Record €1.2B GDPR Fine, Ordered to Stop Data Transfers to US From EU | National Law Journal

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 2...
05/23/2023
Judicial Conduct Complaints Spiked Across the Country in 2022 | National Law Journal

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...

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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
“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
Finnegan, Buckley, Miles & Stockbridge, and Wiley moved down slots in the 2023 Am Law 200 revenue rankings.

http://ow.ly/YavQ50OxzFm
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 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
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
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
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
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
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
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
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
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
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
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
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