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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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In the filing before the Ninth Circuit, the California Attorney General’s Office said the state statute is intended to b...
04/02/2022
In Epic-Apple Brief, CA AG Claims Courts Don’t Need to Find Antitrust Violations in UCL Cases | The Recorder

In the filing before the Ninth Circuit, the California Attorney General’s Office said the state statute is intended to be broader and more flexible than antitrust laws and provide cumulative remedies.
http://ow.ly/harl50IyKFH

The brief, which does not support Epic or Apple, rebuts Apples claims that Epic's failure to prove its antitrust claims forecloses liability under...

The goal, CEO Noah Heller said, is to create a workplace that values the purposeful use of time together, while also ack...
04/02/2022
Flexibility Guides Return-to-Office Plan at Katten Muchin | National Law Journal

The goal, CEO Noah Heller said, is to create a workplace that values the purposeful use of time together, while also acknowledging that some lawyers and staff are “navigating different circumstances” and practices and departments have different needs. http://ow.ly/iTAQ50IyKKw

Katten Muchin Rosenman launches Katten Flex on Monday, which gives practice and department heads the responsibility to decide when people should...

Vote now for your favorite legal vendors serving the Midwest! Voting closes April 8th! https://bit.ly/BestofMW22
04/01/2022

Vote now for your favorite legal vendors serving the Midwest! Voting closes April 8th! https://bit.ly/BestofMW22

LAST DAY, NO FOOLING! Nominate an Employment Law Trailblazer or an Elite Boutique Trailblazer to be featured in the July...
04/01/2022

LAST DAY, NO FOOLING! Nominate an Employment Law Trailblazer or an Elite Boutique Trailblazer to be featured in the July/August issue of The National Law Journal. Nominations close April 1. https://bit.ly/3KkQ6no

Arthrex Inc. is arguing that the USPTO’s method of choosing Commissioner of Patents Drew Hirshfeld to serve as interim d...
04/01/2022
Arthrex Is Back, Threatening More Patent Disruption Than Ever Before | National Law Journal

Arthrex Inc. is arguing that the USPTO’s method of choosing Commissioner of Patents Drew Hirshfeld to serve as interim director of the agency is unconstitutional and incompatible with the Federal Vacancies Reform Act of 1998. http://ow.ly/rjEL50IxHfN

A lawyer for the medical device company acknowledged on Wednesday that its attack on the temporary leadership structure of the PTO could call into...

Issued on the judge’s 78th birthday, the 44-page ruling calls for accountability in the Jan. 6 attacks, with the judge w...
04/01/2022
'So Dave Carter!' Judge's Home Base Reacts to Jan. 6 Subpoenas Ruling on John Eastman, Donald Trump | National Law Journal

Issued on the judge’s 78th birthday, the 44-page ruling calls for accountability in the Jan. 6 attacks, with the judge writing: “If the country does not commit to investigating and pursuing accountability for those responsible, the court fears January 6 will repeat itself.” http://ow.ly/5rCH50IxI1C

U.S. District Judge David O. Carter has built a legacy in Orange County’s legal community as a fierce patriot with an unorthodox, hands-on approach...

"Through the SEC’s actions against bulge bracket firms such as Goldman Sachs, HSBC and JPMS, there will surely be simila...
04/01/2022
Can Your Electronic Communications Compliance Program Stand Up to Increased Regulatory Scrutiny? | National Law Journal

"Through the SEC’s actions against bulge bracket firms such as Goldman Sachs, HSBC and JPMS, there will surely be similar scrutiny applied against smaller broker-dealers, which will inevitably have the same impact on investment advisers when undergoing regulatory examination." http://ow.ly/VTHv50IxHvK

Luckily, due to advancements in technology, most industries were able to pivot to this “new normal” with relative ease, relying on email, video...

"Those who now enjoy those freedoms may soon find their own constitutional rights downgraded to ordinary social and/or e...
03/31/2022
Dobbs’ Dilemma | National Law Journal

"Those who now enjoy those freedoms may soon find their own constitutional rights downgraded to ordinary social and/or economic liberties, thence find their lives and health chances managed by religious views operating the levers of government. No small aside: Trans people are among the canaries in this coal mine." http://ow.ly/yi1V50IxHJr

Why Justice Brett Kavanaugh’s Ideal of “Scrupulous Neutrality” in Dobbs is a Pipe Dream

Though the panel hasn’t recommended a proposed rule for public comment, other draft language being used to guide the com...
03/31/2022
Judges Weigh Tougher Disclosure Requirements for Amicus Filers | National Law Journal

Though the panel hasn’t recommended a proposed rule for public comment, other draft language being used to guide the committee would require that a filer tell the court if a party or its counsel has a 50% or greater interest in the ownership or control of the amicus curiae. http://ow.ly/swmP50IxH3X

I remain quite skeptical of the value of this and its utility at an appellate level, said a Ninth Circuit judge and member of a judiciary rules...

FINAL WEEK! Nominate an Employment Law Trailblazer or an Elite Boutique Trailblazer to be featured in the July/August is...
03/31/2022

FINAL WEEK! Nominate an Employment Law Trailblazer or an Elite Boutique Trailblazer to be featured in the July/August issue of The National Law Journal. Nominations close April 1. https://bit.ly/3KkQ6no

Viking argued Private Attorneys General Act claims are like classwide and collection action claims, which can be waived ...
03/31/2022
US Supreme Court Justices Weigh Fate of California's Private Attorneys General Act | National Law Journal

Viking argued Private Attorneys General Act claims are like classwide and collection action claims, which can be waived in arbitration agreements. Angie Moriana countered that PAGA claims are distinct because it is the state's interest at stake. http://ow.ly/8e1950IwFWH

Scott Nelson of Public Citizen Litigation Group, representing Angie Moriana, argued a PAGA claim is distinct from class or collective action...

K&L Gates partners David Rybicki and Andy Wright take a bipartisan look at attorney-client privilege in the context of c...
03/31/2022
Attorney-Client Privilege May Be on Shaky Grounds in Congressional Investigations | National Law Journal

K&L Gates partners David Rybicki and Andy Wright take a bipartisan look at attorney-client privilege in the context of congressional investigations—a contentious issue in light of the ongoing Select Committee investigation of the Jan. 6 Capitol Hill riots. http://ow.ly/9r1U50IwF78

During phone calls with clients discussing a congressional investigation, when you tell them, ‘well, Congress doesn’t think that attorney-client...

During cross-examination, assistant U.S. attorney Alixandra Smith asked Ng’s wife Hwee Bin Lim if she found the headline...
03/30/2022
Former Goldman Sachs Banker Roger Ng Will Not Testify in Malaysia Fund Conspiracy Trial | National Law Journal

During cross-examination, assistant U.S. attorney Alixandra Smith asked Ng’s wife Hwee Bin Lim if she found the headlines about her husband of two decades upsetting. “I wouldn’t use the word ‘upset,’ but it was pretty irritating,” Lim said. http://ow.ly/hL7U50IwG18

Closing statements are set to start Monday in the trial, which began in mid-February and centers on allegations that Ng conspired to violate the Foreign Corrupt Practices Act by siphoning money from bond deals associated with the Malaysian economic development fund 1MDB.

Greenwashing—the allegation that a company has falsely conveyed an impression of being green—is not a legal or regulator...
03/30/2022
Greenwashing Is No Longer Good Enough | National Law Journal

Greenwashing—the allegation that a company has falsely conveyed an impression of being green—is not a legal or regulatory term. But it is a serious reputational risk that can have real financial consequences for a client. http://ow.ly/xIm950IwEV0

An increased need for sustainability rigor has made ESG lawyers critical players in corporate America’s battle to go green.

Vote now for your favorite legal vendors serving the Midwest! Voting closes April 8th! https://bit.ly/BestofMW22
03/30/2022

Vote now for your favorite legal vendors serving the Midwest! Voting closes April 8th! https://bit.ly/BestofMW22

As expert testimony can have a decisive impact on the jury verdict, its admissibility has been under discussion for mont...
03/30/2022
Plaintiffs Bar Fighting Back Against Rule Change They Fear Limits Expert Testimony | National Law Journal

As expert testimony can have a decisive impact on the jury verdict, its admissibility has been under discussion for months before the Judicial Conference Advisory Committee on Rules of Evidence, particularly in relation to Federal Rule of Evidence 702. http://ow.ly/yEfE50Ivy2T

The Advisory Committee on Rules of Evidence has reviewed testimony on a suggested amendment to Federal Evidence Rule 702: an overdue clarification...

One year into Garland’s tenure, current and former officials say the attorney general and his leadership team have resto...
03/30/2022
'A Collective Sigh of Relief': Garland Brings Comfort to DOJ Lawyers but Morale Challenges Remain | National Law Journal

One year into Garland’s tenure, current and former officials say the attorney general and his leadership team have restored a sense of stability and integrity to the department and demonstrated a welcome deference to career lawyers. But the department remains caught in the political crosshairs. http://ow.ly/hBjk50Ivy9t

Attorney General Merrick Garland has taken steps to reach out to career lawyers bruised by the Trump years, and has shown deference to their...

While Yale Law School continued its long-running streak at No. 1, there were still plenty of significant changes near th...
03/29/2022
Significant Shakeup Among 2023 US News Law School Rankings as Harvard Drops Out of Top 3 | National Law Journal

While Yale Law School continued its long-running streak at No. 1, there were still plenty of significant changes near the top of the list — including Harvard Law School being bumped out of the top three for the first time since 1990. http://ow.ly/HLgo50IvwZx

U.S. News & World Report has unveiled its 2023 Best Graduate Schools rankings. And while Yale Law School continued its long-running streak at No....

No lawsuits have been filed against Boeing or China Eastern Airlines. Some plaintiffs lawyers, however, already are look...
03/29/2022
Could Boeing Be Sued Over China Eastern Crash? | National Law Journal

No lawsuits have been filed against Boeing or China Eastern Airlines. Some plaintiffs lawyers, however, already are looking at Boeing, which settled hundreds of cases over two crashes in 2018 and 2019 involving its 737 Max 8 aircraft. http://ow.ly/Vv5e50IvxIA

Although the cause of this month’s crash of a China Eastern Airlines plane remains unknown, lawyers who previously sued over the 737 Max 8 said...

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In the filing before the Ninth Circuit, the California Attorney General’s Office said the state statute is intended to be broader and more flexible than antitrust laws and provide cumulative remedies. http://ow.ly/harl50IyKFH
The goal, CEO Noah Heller said, is to create a workplace that values the purposeful use of time together, while also acknowledging that some lawyers and staff are “navigating different circumstances” and practices and departments have different needs. http://ow.ly/iTAQ50IyKKw
The three firms and other task force members will advise Ukrainian officials on ways to hold Russia accountable for its actions in Ukraine through the United Nations and regional organizations. http://ow.ly/I4wz50IyKYM
"Real change is occurring, and should the necessary updates and resourcing not be made, private funds could find themselves in the crosshairs of the other arm of ensuring compliance—enforcement actions." http://ow.ly/AYJj50IyKyq
Vote now for your favorite legal vendors serving the Midwest! Voting closes April 8th! https://bit.ly/BestofMW22
LAST DAY, NO FOOLING! Nominate an Employment Law Trailblazer or an Elite Boutique Trailblazer to be featured in the July/August issue of The National Law Journal. Nominations close April 1. https://bit.ly/3KkQ6no
The team, which comprises 18 partners and 25 associates and counsel in total, brings Paul Hastings’ restructuring group head count to 65, according to the firm. http://ow.ly/bMRt50IxHCn
Arthrex Inc. is arguing that the USPTO’s method of choosing Commissioner of Patents Drew Hirshfeld to serve as interim director of the agency is unconstitutional and incompatible with the Federal Vacancies Reform Act of 1998. http://ow.ly/rjEL50IxHfN
Issued on the judge’s 78th birthday, the 44-page ruling calls for accountability in the Jan. 6 attacks, with the judge writing: “If the country does not commit to investigating and pursuing accountability for those responsible, the court fears January 6 will repeat itself.” http://ow.ly/5rCH50IxI1C
Republican Sens. Susan Collins of Maine and Lindsey Graham of South Carolina broke with GOP colleagues in their party and voted to confirm Geraghty. http://ow.ly/pgBC50IxI4t
"Through the SEC’s actions against bulge bracket firms such as Goldman Sachs, HSBC and JPMS, there will surely be similar scrutiny applied against smaller broker-dealers, which will inevitably have the same impact on investment advisers when undergoing regulatory examination." http://ow.ly/VTHv50IxHvK
“Have there ever been cases where judgment was entered against the defendant based on dilatory discovery conduct?” Judge Chhabria asked. http://ow.ly/n1bM50IxHaL