The National Law Journal

The National Law Journal In-depth coverage of the U.S. Supreme Court, legal business, federal trial and appellate courts, law schools, regulatory agencies, lobbying and Congress.

An indispensable, must-read source of news and analysis for a national audience of legal professionals, and corporate and government decision makers. The National Law Journal, an ALM Media LLC publication, reports on the U.S. Supreme Court, legal business, federal agencies, trial and appellate courts, lobbying and Congress and law schools. Reporters work from offices in Washington, D.C., New York, Boston and California.

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Brooklyn Judge's Son Arrested in US Capitol Riot Case Will Have Theft Charge Reduced to Misdemeanor | National Law Journ...
06/12/2021
Brooklyn Judge's Son Arrested in US Capitol Riot Case Will Have Theft Charge Reduced to Misdemeanor | National Law Journal

Brooklyn Judge's Son Arrested in US Capitol Riot Case Will Have Theft Charge Reduced to Misdemeanor | National Law Journal

Aaron Mostofsky, son of Brooklyn Supreme Court Justice Steven Mostofsky, was photographed inside the Capitol decked out in furs and a bulletproof vest marked “police” while carrying a shield emblazoned with “United States Capitol Police.

During his time on the court, Katzmann founded the Second Circuit’s acclaimed civics education program, and took up the ...
06/12/2021
Robert Katzmann, Former Chief Judge of 2nd Circuit, Dies at 68 | National Law Journal

During his time on the court, Katzmann founded the Second Circuit’s acclaimed civics education program, and took up the cause of improving legal representation for the immigrant poor. https://www.law.com/nationallawjournal/2021/06/10/robert-katzmann-former-chief-judge-of-2nd-circuit-dies-at-68/

Katzmann, who led the court through the unparalleled COVID-19 crisis, died after battling a long illness.

"The rise of privacy and data security enforcement by state AGs really was that canary in the coal mine, that signal to ...
06/11/2021
Jeff Tsai’s Tip for Forecasting Regulatory Action: Don’t Think of State AGs as Strictly Partisan | National Law Journal

"The rise of privacy and data security enforcement by state AGs really was that canary in the coal mine, that signal to all of us a few years ago, that technology companies in various capacities would be a big focus of state AG enforcement." https://www.law.com/nationallawjournal/2021/06/10/jeff-tsais-tip-for-forecasting-regulatory-action-dont-think-of-state-ags-as-strictly-partisan/

“For those who think that state AG enforcement is purely a ‘D’ or ‘R’ issue, I think they're wrong,” said DLA Piper’s Jeff Tsai, the co-head of the...

The racial pass-rate gap was smaller among repeat test-takers. Just under 28% of white repeat test-takers passed. The su...
06/11/2021
In New Bar Exam Data, Racial and Ethnic Disparities Persist | National Law Journal

The racial pass-rate gap was smaller among repeat test-takers. Just under 28% of white repeat test-takers passed. The success rate for Asians was 25.2%, 25.1% for Hispanics and 20.9& for African Americans. https://www.law.com/nationallawjournal/2021/06/09/in-new-bar-exam-data-racial-and-ethnic-disparities-persist/

Thirty-five percent of African American test-takers who sat for the exam for the first time in February passed, up from 17.6% the previous year....

Now accepting nominations for our Litigation and our Sports/Entertainment Trailblazers to be profiled in our Nov/Dec iss...
06/11/2021

Now accepting nominations for our Litigation and our Sports/Entertainment Trailblazers to be profiled in our Nov/Dec issue. Nominations close July 2nd! https://bit.ly/3pc2zQV

Now accepting nominations for our Litigation and our Sports/Entertainment Trailblazers to be profiled in our Nov/Dec issue. Nominations close July 2nd! https://bit.ly/3pc2zQV

The vote makes Quraishi the second of President Joe Biden’s District Court nominees for New Jersey to win confirmation, ...
06/11/2021
First Muslim to Serve as Federal Judge: Senate Confirms Zahid Quraishi to US District Court | National Law Journal

The vote makes Quraishi the second of President Joe Biden’s District Court nominees for New Jersey to win confirmation, following Tuesday’s vote confirming Julien Neals.

https://www.law.com/nationallawjournal/2021/06/10/first-muslim-to-serve-as-federal-judge-senate-confirms-zahid-quraishi-to-u-s-district-court/

We should all draw our inspiration from his story, because it is a story that could only take place in the United States of America, U.S. Sen....

It can be a risky proposition for any observer to try to game out how or why a particular alignment occurred. Sometimes ...
06/11/2021
Kagan Tells Kavanaugh: Nothing 'Unfair' in Justices' Lineup in Criminal Case | National Law Journal

It can be a risky proposition for any observer to try to game out how or why a particular alignment occurred. Sometimes oral arguments offer clues, but it can be equally risky to predict on the basis of those arguments.

https://www.law.com/nationallawjournal/2021/06/10/kagan-tells-kavanaugh-nothing-unfair-in-justices-lineup-in-criminal-case/

The dissent also goes through a complicated counting exercise about how different justices have divided in this and two other cases, apparently to...

The audit, commissioned by interim Chief Trial Counsel Melanie Lawrence, “identified significant issues regarding the Of...
06/11/2021
State Bar Made 'Mistakes' in Reviewing Girardi Complaints, Audit Shows | National Law Journal

The audit, commissioned by interim Chief Trial Counsel Melanie Lawrence, “identified significant issues regarding the Office of Chief Trial Counsel’s investigation and evaluation of high-dollar, high-volume trust accounts,” the statement said. https://www.law.com/nationallawjournal/2021/06/10/state-bar-made-mistakes-in-reviewing-girardi-complaints-audit-shows/

The audit identified significant issues regarding the Office of Chief Trial Counsel’s investigation and evaluation of high-dollar, high-volume...

In New Bar Exam Data, Racial and Ethnic Disparities Persist | National Law Journal
06/10/2021
In New Bar Exam Data, Racial and Ethnic Disparities Persist | National Law Journal

In New Bar Exam Data, Racial and Ethnic Disparities Persist | National Law Journal

Thirty-five percent of African American test-takers who sat for the exam for the first time in February passed, up from 17.6% the previous year. The percentage of Hispanic test-takers who passed rose from 25.2% to 45.4%. The overall pass rate for first time test-takers was 53.1%

"The big question that keeps coming to us is, 'Will this impact my job outcomes down the road? If lots of classes are la...
06/10/2021
Anger. Anxiety. Depression. Unprecedented Law School Admissions Cycle Is Taking a Mental Toll on Applicants | National Law Journal

"The big question that keeps coming to us is, 'Will this impact my job outcomes down the road? If lots of classes are larger, will there be room for me in the employment sector?' My answer to that is, 'maybe.'"

https://www.law.com/nationallawjournal/2021/06/09/anger-anxiety-depression-unprecedented-law-school-admissions-cycle-is-taking-a-mental-toll-on-applicants/

A surge in law school applicants has led to confusion and dashed hopes for many aspiring attorneys, says admissions consultant Mike Spivey.

“I can’t vote for you if I don’t know how you’re going to—what approach you’re going to use to interpret the United Stat...
06/10/2021
Republicans Skeptical of Biden Nominees' Judicial Philosophies and Experience | National Law Journal

“I can’t vote for you if I don’t know how you’re going to—what approach you’re going to use to interpret the United States Constitution,” said John Kennedy of Louisiana. “And I don’t believe for a second you both haven’t thought about it.” https://www.law.com/nationallawjournal/2021/06/09/republicans-skeptical-of-biden-nominees-judicial-philosophies-and-experience/

“Certainly I have, as I said, no specific experience in most of those topics that you raised. But I am very confident in my ability to get up to...

The Supreme Court's Decision in Van Buren: Narrowing the Scope of Liability Under CFAA | National Law Journal
06/10/2021
The Supreme Court's Decision in Van Buren: Narrowing the Scope of Liability Under CFAA | National Law Journal

The Supreme Court's Decision in Van Buren: Narrowing the Scope of Liability Under CFAA | National Law Journal

Many in corporate America are taking a collective sigh of relief after last week’s landmark decision in Van Buren v. United States, which set a few minds at ease about all those virtual game nights, family catch-ups and holiday celebrations employees hosted during the pandemic using their company-...

Garland said the role of DOJ “in making decisions of law is not to back any administration, previous or present. Our job...
06/10/2021
Stressing 'Adherence to the Rule of Law,’' Merrick Garland Defends DOJ's Support of Trump-Era Stances | National Law Journal

Garland said the role of DOJ “in making decisions of law is not to back any administration, previous or present. Our job is to represent the American people.” https://www.law.com/nationallawjournal/2021/06/09/stressing-adherence-to-the-rule-of-law-merrick-garland-defends-dojs-support-of-trump-era-stances/

“Sometimes it means that we have to make a decision about the law that we would never have made, that we strongly disagree with as a matter of...

George Wolf Jr., a law firm consultant for Aon, noted firms do have a general aversion to backtracking, and that could b...
06/10/2021
A Trial-And-Error Approach to Office Returns Yields Some Lessons Learned | National Law Journal

George Wolf Jr., a law firm consultant for Aon, noted firms do have a general aversion to backtracking, and that could be a reason behind some of the more vague return-to-work guidelines that have been announced so far. https://www.law.com/nationallawjournal/2021/06/08/a-trial-and-error-approach-to-office-returns-yields-some-lessons-learned/

Few firms have acknowledged mistakes in their office return announcements. But Chicago-based Freeborn & Peters is keeping a loose policy after two...

Arberg is retiring July 3 after 22 years as the high court’s top spokesperson. Before she held that role, she was an ass...
06/10/2021
Kathleen Arberg Ends Long Run as US Supreme Court's Public Voice and Face | National Law Journal

Arberg is retiring July 3 after 22 years as the high court’s top spokesperson. Before she held that role, she was an assistant PIO at the court for 17 years. https://www.law.com/nationallawjournal/2021/06/09/kathleen-arberg-ends-long-run-as-us-supreme-courts-public-voice-and-face/

In the past year, we’ve clipped approximately 10,000 news articles related to the court and the justices, roughly half of them tweets, just one...

Corporate attorney Jinshu “John” Zhang asserts that the firm, under the direction of its CEO Michael McNamara and genera...
06/09/2021
Former Dentons Partner Claims He Was Fired After Reporting an Attempt to Divert Millions in Client Funds | National Law Journal

Corporate attorney Jinshu “John” Zhang asserts that the firm, under the direction of its CEO Michael McNamara and general counsel Edward Reich, forged a document in an attempt to transfer millions from a client based in China. https://www.law.com/nationallawjournal/2021/06/09/former-dentons-partner-claims-he-was-fired-after-reporting-an-attempt-to-divert-millions-in-client-funds/

Corporate attorney Jinshu “John” Zhang contends he was wrongfully terminated after reporting that the firm allegedly forged a document in an attempt to transfer millions from a client, according to a lawsuit, but Dentons has argued that he was terminated for cause.

Former Dentons Partner Claims He Was Fired After Reporting an Attempt to Divert Millions in Client Funds | National Law ...
06/09/2021
Former Dentons Partner Claims He Was Fired After Reporting an Attempt to Divert Millions in Client Funds | National Law Journal

Former Dentons Partner Claims He Was Fired After Reporting an Attempt to Divert Millions in Client Funds | National Law Journal

Corporate attorney Jinshu “John” Zhang contends he was wrongfully terminated after reporting that the firm allegedly forged a document in an attempt to transfer millions from a client, according to a lawsuit, but Dentons has argued that he was terminated for cause.

Now accepting nominations for our Litigation and our Sports/Entertainment Trailblazers to be profiled in our Nov/Dec iss...
06/09/2021

Now accepting nominations for our Litigation and our Sports/Entertainment Trailblazers to be profiled in our Nov/Dec issue. Nominations close July 2nd! https://bit.ly/3pc2zQV

Now accepting nominations for our Litigation and our Sports/Entertainment Trailblazers to be profiled in our Nov/Dec issue. Nominations close July 2nd! https://bit.ly/3pc2zQV

A number of potential solutions were raised at the hearing, including a requirement that subpoena cases be heard before ...
06/09/2021
After Long Legal Battles, Congress Debates How to Fix 'Broken Down' Process for Subpoenas | National Law Journal

A number of potential solutions were raised at the hearing, including a requirement that subpoena cases be heard before a special three-judge court which could get cases before the U.S. Supreme Court faster. https://www.law.com/nationallawjournal/2021/06/08/after-long-legal-battles-congress-debates-how-to-fix-broken-down-process-for-subpoenas/

Days after former White House counsel Don McGahn testified as part of a settlement reached to end a two-year court fight, lawmakers seem ready to...

"It was a dark time for many people, and I figured everyone could probably use a little cheering up—and perhaps some int...
06/09/2021
Business Development Success: How a Big Law Event Series Led to 6,000 Guests | National Law Journal

"It was a dark time for many people, and I figured everyone could probably use a little cheering up—and perhaps some intellectual stimulation," said Anthony Lupo of Arent Fox. https://www.law.com/nationallawjournal/2021/06/08/business-development-success-how-a-big-law-event-series-led-to-6000-guests/

Arent Fox began receiving unsolicited emails from inactive clients and prospects, mentioning the Malcolm Gladwell and Stanley Tucci events.

"The statute and the legislative history are replete with references to the fact that women belong at home. With the mil...
06/09/2021
How Hogan Lovells Paired With ACLU in Challenge to Male-Only Military Draft | National Law Journal

"The statute and the legislative history are replete with references to the fact that women belong at home. With the military having recognized over the last few years and the last couple of decades the competency and capability of women in the military, including in combat, that outdated view should be updated." https://www.law.com/nationallawjournal/2021/06/08/how-hogan-lovells-paired-with-aclu-in-challenge-to-male-only-military-draft/

Appellate veteran Cate Stetson of Hogan Lovells, along with senior associate Katherine Wellington and associates Danielle Stempel and Erin Chapman,...

In a June 3 message to the law school community, law Dean Jenny Martinez wrote that the law school played no role in pla...
06/09/2021
Stanford Law Seeks to Distance Itself From Stanford University in Federalist Society Free-Speech Debacle | National Law Journal

In a June 3 message to the law school community, law Dean Jenny Martinez wrote that the law school played no role in placing a hold on Wallace’s degree while he was investigated for possible violations of the university’s code of conduct. https://www.law.com/nationallawjournal/2021/06/07/stanford-law-seeks-to-distance-itself-from-stanford-university-in-federalist-society-free-speech-debacle/

Stanford Law faculty say they are embarrassed and angered by the university's handling of the matter.

Former Chief Judge of the U.S. Civilian Board of Contract Appeals Jeri Somers will join the firm as a partner in Washing...
06/08/2021
Jenner Sees More Business and Opportunity in Government Contracts Work | National Law Journal

Former Chief Judge of the U.S. Civilian Board of Contract Appeals Jeri Somers will join the firm as a partner in Washington, D.C., adding to a practice that practice leader David Robbins called incredibly and increasingly competitive but one in which he is optimistic the firm will continue to grow. https://www.law.com/nationallawjournal/2021/06/08/seeing-more-business-in-government-contracts-jenner-plans-for-growth/

Jenner & Block, which just hired the former chief judge of the U.S. Civilian Board of Contract Appeals, said the number of government contract...

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