From: Public Policy Law360 <news-q@law360.com>
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Subject: Senate Rules Axed To Speed Judicial, Administration Picks
Date: Thu, 04 Apr 2019 08:32:08 +0000
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Senate Rules Axed To Speed Judicial, Administration Picks
Senate Republicans voted to ax the chamber's nominee debate rules
Wednesday, potentially opening the floodgates for dozens of President
Donald Trump's trial judge and lower-level administrative nominees to be
confirmed.
Read full article »
Kirkland, Cuneo Gilbert Tops In Antitrust Cases
Kirkland & Ellis LLP was the most prolific member of the antitrust defense bar
between 2016 and 2018, while Cuneo Gilbert & LaDuca LLP filed more
private antitrust litigation than any other law firm due to its role in multidistrict
litigation, according to a new Lex Machina report. Listen to our new podcast here
Read full article »
LAW FIRMS
Analysis
Court Rulings Take Toll On Private Antitrust Plaintiffs Allen & Overy
Private plaintiffs have a better than 50-50 chance of winning antitrust cases Alston & Bird
that make it to trial, according to a new report from Lex Machina, but getting Arguedas Gassman
there is a trial in itself due to court rulings making it harder to win class Arnold & Porter
certification and fend off dismissal motions and summary judgments. BakerHostetler
Read full article »
Black Srebnick
House Dems Request Trump's Tax Returns From IRS Bryan Cave
The Democratic chairman of the House Ways and Means Committee on Call & Jensen
Wednesday asked the Internal Revenue Service to furnish President Donald Covington & Burling
Trump's tax return information for the past six years, taking the first step in a Cuneo Gilbert
likely contentious legal battle.
Davis Wright Tremaine
Read full article »
Dechert
House Judiciary OKs Subpoena Of Full Mueller Report Earthjustice
House Judiciary Committee Democrats voted Wednesday to issue Farnan LLP
subpoenas compelling the release to Congress of grand jury materials Foley Hoag
underlying special counsel Robert Mueller's probe of the 2016 election, a Gibson Dunn
move Republicans ripped as an attempt to end-run the legal process.
Haynes and Boone
Read full article )>
Holland & Knight
Kavanaugh's Law School Gig Faces Student Backlash Hooper Lundy
Students at George Mason University are demanding that the school reverse Jager Smith
its decision to hire U.S. Supreme Court Justice Brett Kavanaugh as a law Jones Day
school lecturer this summer in light of decades-old sexual misconduct claims Kirkland & Ellis
against him that surfaced during his confirmation hearing.
Labaton Sucharow
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Read full article » Latham & Watkins
Feature McDermott Will
How To Argue Merger Cases And Win Over Judges
Meriwether & Tharp
What's the best way to wage a merger case in federal court? According to a
group of sitting and retired federal judges, attorneys should ground complex Miller Canfield
economics in real world-examples and be willing to collaborate with opposing Morgan Lewis
counsel to make sure cases move forward quickly. Murphy & McGonigle
Read full article » Nussbaum Law Group PC
Orrick Herrington
BANKING & SECURITIES
Paul Hastings
CRA Update Could Be Done Within Year, Top Regulators Say Podhurst Orseck
The heads of the Federal Deposit Insurance Corp. and Office of the Quinn Emanuel
Comptroller of the Currency signaled Wednesday that momentum is building Robins Kaplan
behind an interagency effort to modernize Community Reinvestment Act Ropes & Gray
regulations, saying that they could be finished with the project by next year.
Sanford Heisler Sharp
Read full article »
Seward & Kissel
SEC Says ICO Doesn't Need To Register As Security Shutts & Bowen
Officials at the U.S. Securities and Exchange Commission issued a no-action Skadden
letter Wednesday allowing an unregistered initial coin offering to proceed, Smith Villazor
finding it didn't meet the definition of a security laid out in staff guidance Stoel Rives
released alongside the letter.
Susman Godfrey
Read full article »
Tache Bronis
House Says Private Email Off-Limits In Collins Case Werksman Jackson
The U.S. House of Representatives has urged a New York federal court to White & Case
adopt a broader interpretation of the Constitution's speech or debate clause Willkie Farr
than the government has presented in its insider trading case against U.S. WilmerHale
Rep. Christopher Collins, implying prosecutors overstepped their bounds in
seizing legislative materials. Wilson Sonsini
Read full article » COMPANIES
Alibaba Group Holding Ltd.
ENERGY & ENVIRONMENTAL
Allergan PLC
Analysis Amazon.com Inc.
Judge Throws Wet Blanket On State Water Quality Variance' American Bar Association
A Montana federal judge broke legal ground recently with a decision to curtail American Civil Liberties Union
an exemption to state water quality standards approved by the U.S.
Environmental Protection Agency, a ruling that suggests other states will American Petroleum Institute Inc.
have to stay within strict parameters if they adopt similar "variances." Animal Legal Defense Fund
Read full article )> Avalara Inc.
Bayerische Motoren Werke AG
Colo. Lawmakers Tighten Reins On Oil, Gas Drilling Bridgestone Corp.
Colorado state lawmakers on Wednesday passed legislation that would Center for Biological Diversity
dramatically overhaul state oil and gas regulations by tightening health and
safety standards and giving local governments expanded authority over Citrin Cooperman
where drilling activity takes place. Consumer Bankers Association
Read full article » Defenders of Wildlife
Elliott Management Corp.
Entergy Launches 3rd Suit Seeking Nuclear Fuel Costs Entergy Corp.
A nuclear plant owned by Entergy rang the bell this week for a third round of
Equifax Inc.
litigation over the government's alleged failure to dispose of its spent nuclear
waste in Michigan. Facebook
Read full article » Hobby Lobby Stores
Huawei Technologies
5th Circ. Told EPA Ignored Risks To OK Gulf Driller Permit LexisNexis Group
The Center for Biological Diversity told a Fifth Circuit panel in oral arguments Linkedln Corp.
Wednesday that the U.S. Environmental Protection Agency didn't do enough
Miramax Film Corp.
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to evaluate the dangers posed to marine life before it signed off on a permit National Association of
allowing offshore drillers in the Gulf of Mexico to dump wastewater. Manufacturers
Read full article » Northeastern University
HEALTH & LIFE SCIENCES Raytheon Co.
Reed Elsevier
1st Circ. Perplexed By 'Odd' Trump Birth Control Argument
StubHub Inc.
The First Circuit on Wednesday appeared to lean toward reviving
Massachusetts' challenge to a Trump administration rule allowing exemptions Tronox Ltd.
to birth control coverage under the Affordable Care Act, with one judge Trump Organization Inc.
finding it "odd" to argue women would not be denied contraception coverage Twitter Inc.
and consequently turn to the state for funding. U.S. Chamber of Commerce
Read full article »
United States Steel Corp.
Medical Pot Law Is Not A Right To Grow, Fla. Court Says Volkswagen
A Florida appeals court ruled Wednesday that a state constitutional Warner Chilcott Limited
amendment allowing the use of medical marijuana by qualified patients does Washington Post Co.
not allow those patients to cultivate and process marijuana for their own use. Wayfair LLC
Read full article » Wells Fargo & Co.
Wynn Resorts Ltd.
Legalization Advocate Pushes Pa. Court To Reclassify Pot
ZTE Corp.
Pennsylvania's classification of marijuana as a Schedule I drug without any
accepted medical use runs counter to the state's own medical marijuana eBay Inc.
program and should be eliminated, a defense attorney and legalization
advocate told a Superior Court of Pennsylvania panel Wednesday. GOVERNMENT AGENCIES
Read full article » Agency for Toxic Substances and
Disease
IP & TECHNOLOGY Bureau of Ocean Energy
Management
Trump Taking Aim At Online Counterfeit Market California Department of Tax and
President Donald Trump on Wednesday said he will soon formulate a new Fee Administration
strategy to tackle what his administration believes is a rising tide of pirated California Environmental Protection
and counterfeit goods being sold through online sellers such as eBay and Agency
Amazon. Centers for Disease Control and
Read full article >> Prevention
Colorado Supreme Court
EMPLOYMENT
Congressional Research Service
Acosta Defends DOL Rules, Epstein Case Handling At Hearing Energy Information Administration
Labor Secretary Alex Acosta was grilled during a budget hearing Wednesday European Commission
over whether the U.S. Department of Labor has weakened worker Executive Office of the President
protections under his watch and claims that he mishandled a decade-old sex Federal Aviation Administration
crime case involving millionaire sex offender Jeffrey Epstein, with Acosta
Federal Bureau of Investigation
defending his actions on both fronts.
Federal Communications
Read full article »
Commission
COMPETITION Federal Deposit Insurance Corp.
Federal Reserve System
BMW's State Aid Appeal Should Be Tossed, EU Court Told Federal Trade Commission
The European Commission didn't have to analyze the potential market Florida Department of Health
impact for the portion of aid it made Germany cut from a planned €45 million Government Accountability Office
($50.6 million) investment in a BMW electric car plant, an advocate general
Internal Revenue Service
told the European Court of Justice on Wednesday.
Read full article )> Joint Committee on Taxation
Massachusetts Gaming
CONSUMER PROTECTION Commission
NATO
Robocall Bill Clears Senate Commerce Committee National Security Agency
A bipartisan bill aimed at handing the Federal Communications Office of the Comptroller of the
Commission more firepower to combat robocalls sailed through the Senate Currency
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Committee on Commerce, Science and Transportation on Wednesday. Securities and Exchange
Read full article » Commission
AEROSPACE & DEFENSE Solicitors Regulation Authority
Spirit Lake Tribe
Trump May Allow Turkey To Keep F-35 Despite Russian Deal U.S. Attorneys Office
Turkey's foreign minister said Wednesday that President Donald Trump has U.S. Department of Defense
left the door open for Turkey to continue participating in the F-35 fighter jet
program amid its contentious plan to purchase a missile defense system from U.S. Department of Energy
Russia, despite defense officials recently moving to cut off Turkey's access to U.S. Department of Health and
F-35 parts. Human Services
Read full article » U.S. Department of Homeland
Security
Ex-Pentagon Leaders Warn Against China-Backed 5G Network U.S. Department of Justice
Six former U.S. military and intelligence officials warned Wednesday that if U.S. Department of Labor
the country's allies use Chinese tech to support 5G networks, Chinese
U.S. Department of State
espionage is inevitable and future U.S. military operations would be
jeopardized. U.S. Environmental Protection
Agency
Read full article »
U.S. House Committee on Energy
TAX and Commerce
U.S. House of Representatives
Analysis U.S. Immigration and Customs
Calif. Marketplace Law Won't Forgive Past Tax Errors Enforcement
A bill quickly moving through California's Legislature to protect small vendors U.S. Supreme Court
selling through online platforms from sales and use tax liability comes too late United Nations
to help thousands targeted by a state tax agency's ramped-up demands for
years of back taxes.
Read full article »
'Varsity Blues' Parents May Have Violated Tax Laws: Sens.
Leaders of the Senate tax committee on Wednesday asked the Internal
Revenue Service to crack down on inappropriate tax deductions that may
have been claimed by participants in an alleged college admissions cheating
scheme known as the "Varsity Blues' scandal.
Read full article »
IMMIGRATION
6th Circ. Won't Redo Panel Ruling On Iraqi Deportations
The full Sixth Circuit won't reconsider a split panel decision restricting the
ability of Iraqi citizens to challenge their longstanding deportation orders in
federal court, leaving those who were picked up in recent immigration
sweeps in the lurch if Iraq now agrees to take them back.
Read full article »
Feds Try To Dodge Border Emergency Declaration Challenges
The Trump administration wants out of a pair of lawsuits filed in federal court
by Texas landowners and environmental organizations challenging the
president's national emergency declaration to fund his long-promised
southern border wall.
Read full article »
NATIVE AMERICAN
Bill Seeks Better Response To Violence Against Native Women
A bipartisan group of senators introduced legislation Wednesday that aims to
create a coordinated federal government strategy in response to the
disproportionately high number of Native American women who are
murdered, trafficked or go missing each year.
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Read full article »
TELECOMMUNICATIONS
FCC Needs Dedicated Robocall Unit, Rosenworcel Says
The Federal Communications Commission should add a unit to specifically
tackle the scourge of robocalls, FCC Commissioner Jessica Rosenworcel
told a House subcommittee Wednesday.
Read full article »
Reps. Urge FCC To Correct Broadband Deployment Data
Several Democratic members of the U.S. House are asking the Federal
Communications Commission why faulty data may have been included in a
draft of a major report on broadband deployment, and are urging the FCC to
withdraw or correct inaccurate statements based on the data.
Read full article »
Reps. Divided Over FCC's Scope In Net Neutrality Bill
House Energy and Commerce Committee leaders quibbled Wednesday over
whether an amendment to a Democratic-backed net neutrality bill sufficiently
prevents the Federal Communications Commission from imposing price
controls and other regulations on broadband, as the panel readied the bill for
a potential floor vote.
Read full article »
WHITE COLLAR
Warren Floats Bill To Expand Criminal Liability For Execs
Democratic presidential hopeful Sen. Elizabeth Warren introduced a bill
Wednesday that would make executives at large corporations criminally liable
for their organization's misdeeds.
Read full article »
Trump's Opposition To ACA Can't Kill Esformes Trial
The Florida federal judge presiding over Philip Esformes' health care fraud
trial rejected the nursing home mogul's bid to short-circuit the case based on
the Trump administration's new position that the entire Affordable Care Act is
invalid, finding Wednesday it does not affect the charges against him.
Read full article »
EXPERT ANALYSIS
Nev. Digital Excise Bill Represents Major Tax Policy Departure
Nevada's proposed excise tax on the sale of digital goods and services would
create inconsistencies with the Streamlined Sales and Use Tax Agreement —
to which Nevada is a member — and may violate the Permanent Internet Tax
Freedom Act, say attorneys at McDermott.
Read full article »
What Restitution Could Mean For SEC Enforcement Cases
A Senate bill would allow the U.S. Securities and Exchange Commission to
pursue restitution in cases against members of the securities industry. But
adding this power to the SEC's arsenal is a major leap that should only be
taken after all stakeholders have carefully weighed its implications, says
Stephen Crimmins of Murphy & McGonigle.
Read full article »
Calif. Regulators Should Account For PFAS Uncertainty
Given that California agencies have recognized that they lack sufficient data
to draw credible conclusions regarding the health impact of per- and
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polyfluoroalkyl substances, they should weigh potential costs and benefits
before imposing burdensome actions, say attorneys at Alston & Bird.
Read full article »
Opinion
Time To End 'Open Mind' Requirement In Agency Rulemaking
A federal court recently found that U.S. Commerce Secretary Wilbur Ross
had acted with an unalterably closed mind in choosing to include a
citizenship question in the 2020 census. But the requirement for open-
mindedness in rulemaking is fundamentally unsound, says Steven Gordon of
Holland & Knight.
Read full article »
LEGAL INDUSTRY
Ex-Jones Day Associates Hit Firm With $200M Bias Suit
A group of former Jones Day associates hit the BigLaw powerhouse with a
$200 million pregnancy and gender discrimination suit Wednesday, accusing
the firm of systematically underpaying women, devaluing the work of female
associates and pushing out lawyers who have children.
Read full article »
Analysis
GC Missteps Loom Large In Mass. Regulator's Wynn Probe
Executives in the legal division of Wynn Resorts were among those flagged
in a regulator's report detailing how sexual abuse allegations against ex-CEO
and Chairman Steve Wynn were swept under the rug. Here, Law360 looks at
how those attorneys may have failed to serve their ultimate client, the
company.
Read full article »
Stars, BigLaw Atty Make 'Varsity Blues' Court Debut
Hollywood stars Lori Loughlin and Felicity Huffman, along with ex-Willkie Farr
& Gallagher LLP co-chair Gordon Caplan, faced a federal judge for the first
time Wednesday after being charged in the "Varsity Blues" college
admissions scandal, attracting a crush of media and autograph-seekers to
the waterfront Boston courthouse.
Read full article »
Allen & Overy Atty For Weinstein Referred For Discipline
An Allen & Overy attorney has been referred to a U.K. disciplinary tribunal
following an investigation into alleged misconduct connected to the
representation of disgraced movie mogul Harvey Weinstein and the use of
nondisclosure agreements to hush up allegations of sexual assault.
Read full article »
Court Staffer's Happy Hour Sparks Recusal Bid
A Georgia man has asked a state court judge to remove herself from his
divorce case, saying a member of the judge's staff never disclosed that she
attends a monthly happy hour with a lawyer at the firm representing his ex-
wife, even when she was asked.
Read full article »
Amazon Atty Joins StubHub As New General Counsel
StubHub has snagged former Amazon attorney Stephanie Burns to be its
new vice president and general counsel, the online ticket exchange company
announced Wednesday.
Read full article »
Interview
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Law Firm Leaders: Bryan Cave's Mayhew And Pritchard
Wednesday marks the one-year anniversary of the transatlantic merger that
formed Bryan Cave Leighton Paisner. The law firm's top leaders, Therese
Pritchard and Lisa Mayhew, sat down recently with Law360 to chat about the
combination and the law firm's future.
Read full article »
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