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Subject: Perkins Coie IP Atty Confirmed As Fed. Circ.'s 1st Black Judge
Date: Tue. 20 Jul 2021 08:06:52 +0000
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TOP NEWS IJ aw360 Rising Stars 2021
Perkins Coie IP Atty Confirmed As Fed. Circ.'s 1st Black Judge
The Federal Circuit will see its first Black judge after a bipartisan Senate vote
Monday to confirm Tiffany R Cunningham, a Perkins Coie LLP partner and
veteran patent litigator who said the appellate position had long been her
"dream job."
2 documents attached I Read full article »
Contentious Biden Pick For 2nd Circ. Reports $1.3M Net Worth
A longtime voting rights litigator nominated to the Second Circuit whose efforts
to reduce voting barriers led to biting criticism from Senate Republicans has
reported a net worth of almost $1.3 million in congressional disclosures. LAW FIRMS
Read full article » Consumer Law Group
Arnold & Porter
Top Florida Litigation Of 2021: Midyear Report
Florida has seen no shortage of notable litigation developments in 2021, Ballard Spahr
including a likely resolution of the state's long-running "Water Wars" with Beasley Allen
Georgia and key rulings that could impact disputes arising from the COVID-19 Beck Reed
pandemic. Camara & Sibley
Read full article » Cohen Milstein
Consovoy McCarthy
Man Gets 18 Mos. For Murder Threats Against Flynn Judge
Foley & Lardner
A New York man was sentenced Monday to 18 months in prison after admitting
to threatening to assault and murder the D.C. federal judge who oversaw the Foley Hoag
politically charged criminal case of former Trump national security adviser Gibson Dunn
Michael Flynn. Girardi & Keese
Read full article » GrayRobinson
Hansen Reynolds
Congress Revives Push To Codify DOJ Access To Justice Unit
Hogan Lovells
A powerful, bipartisan group in Congress is reviving a
proposal to permanently restore the U.S. Department of Justice's Office for Hunton Andrews
Access To Justice, in a bid to codify the unit dedicated to legal representation Jones Day
for the poor that was shuttered by the Trump administration. Joseph & Hall
2 documents attached I Read full article » Kirkland & Ellis
Kobre & Kim
BANKING & SECURITIES
Kuck Baxter
Robinhood Says It Expects $30M Fine From NY Regulator Lewis Brisbois
Robinhood said Monday that it now anticipates paying $30 million as part of a Lewis Longman
tentative settlement with a New York regulator over anti-money laundering and Lipcon Margulies
cybersecurity issues at its cryptocurrency subsidiary, double the amount that McGuireWoods
the stock-trading platform previously earmarked for the matter.
Mintz Levin
Read full article »
Morgan Lewis
Warren Calls For CFPB Scrutiny Of Overdraft Fees, Crypto O'Melveny & Myers
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Sen. Elizabeth Warren, D-Mass., said Monday that the Consumer Financial Outten & Golden
Protection Bureau should be part of the regulatory response to emerging Pentiuk Couvreur
cryptocurrency risks and cited "predatory" bank overdraft fee practices as an
Perkins Coie
area where she hopes to see action from the agency as it marks its 10th
Price Benowitz
anniversary.
Read full article » Rusty Hardin & Associates
ENERGY & ENVIRONMENTAL Sidley Austin
Siskind Susser
House Passes Bills To Tackle Energy Cybersecurity Threats Sterlington PLLC
The U.S. House of Representatives on Monday approved a pair of legislative Vinson & Elkins
proposals aimed at staving off cyber threats facing critical energy infrastructure
White & Case
in the wake of the damaging Colonial Pipeline hack by expanding the U.S.
Department of Energy's role in this realm and boosting information sharing WilmerHale
between the government and industry. COMPANIES
Read full article »
Adobe Inc.
HEALTH & LIFE SCIENCES Amazon.com Inc.
American Bar Association
Ex-FDA Senior Regulatory Counsel Joins Foley Hoag In DC American Civil Liberties Union
Foley Hoag LLP has continued its growth in Washington, D.C., by adding a American Federation of Labor &
former senior lead regulatory counsel from the U.S. Food and Drug Congress of Industrial
Administration who spent nearly a decade with the agency, the firm announced Organizations
Monday.
American Federation of State
Read full article » County & Municipal Employees
MEDIA & ENTERTAINMENT Americans for Tax Reform
Apple Inc.
Garland's 'Historic' Leak Probe Memo Comes With Fine Print Boston University
Attomey General Merrick Garland's move Monday to sharply curtail the seizure Cable News Network Inc.
of data from reporters drew praise as a major step forward for press freedom,
Center for Justice
but experts say the memo leaves some wiggle room for the government to
snoop on sensitive news-gathering activities. Center for Strategic and
International Studies
Memorandum attached I Read full article
Cigna Corp.
Twitter Seeks 9th Circ. Review Of Texas' Moderation Probe Colonial Pipeline Co.
Twitter lambasted a trial judge's denial of its lawsuit seeking to block Texas DISH Network Corp.
Attomey General Ken Paxton's probe into the tech giant's moderation DaVita Inc.
practices, telling the Ninth Circuit that it should revive the case because Paxton
DoorDash Inc.
is unlawfully retaliating against the company for removing former President
Donald Trump from the platform. Dynamex, Inc.
Bad attached I Read full article Exxon Mobil Corp.
Facebook Inc.
GOP House Members Form 'Freedom From Big Tech' Caucus Financial Industry Regulatory
A group of House Republicans launched a "Freedom from Big Tech Caucus," Authority Inc.
consisting of a group of conservative lawmakers who supported antitrust
GameStop Corp.
reform that advanced through the House Judiciary Committee last month.
Getty Images Inc.
Read full article »
Google LLC
Major Networks Ask FCC To Clarify Advertisement ID Rules GrubHub Inc.
The nation's largest broadcasters are asking the Federal Communications Imerys SA
Commission to clarify what length an advertisement must be in order for it to Immigrant Defense Project
fall under the agency's newly passed rules on disclosure of advertisements by
Intel Corp.
foreign governments.
International Refugee Assistance
Comments attached I Read full article »
Project
EMPLOYMENT & BENEFITS Intuit Inc.
Jimmy John's Franchise LLC
Garland Urged To Bring Charges After Nassar FBI Report Johnson & Johnson
Sen. Chuck Grassley, R-Iowa, has asked Attorney General Merrick Garland to Lockheed Martin Corp.
consider prosecuting the former president of USA Gymnastics and FBI agents
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who allegedly made false statements to hide their botched investigation into Los Angeles Times
team doctor Larry Nassar's pattern of sexual abuse. Louisiana State Bar Association
2 documents attached I Read full article * Massachusetts Institute of
DoorDash, Grubhub Sue San Francisco Over 15% Fee Cap Technology
Delivery giants DoorDash and Grubhub hit San Francisco with a lawsuit in McDonald's Corp.
California federal court Friday over a law permanently capping fees that the
Medicare Payment Advisory
platforms can charge local restaurants at 15%, arguing that the law violates the
Commission
U.S. and California constitutions and may unintentionally harm local
restaurants, workers and consumers. Michigan State University
Complaint attached I Read full article » Microsoft Corp.
Mississippi Center for Justice
Walmart Applicant Says Criminal Check System Discriminates NBCUniversal Media LLC
A Brooklyn woman hit Walmart with a proposed class action in New Jersey National Association for the
federal court on Monday alleging it unlawfully discriminates against applicants Advancement of Colored People
with criminal backgrounds through broad screenings that don't consider
National Consumer Law Center
evidence of rehabilitation, a practice she says disproportionately harms Black
and Latino applicants. National Wildlife Federation
Complaint attached I Read full article * New York Post
New York University
COMPETITION Norwegian Cruise Line
Analysis Ohio State University
DaVita Indictment, Biden Order Ramp Up No-Poach Pressure Orbit International Corporation
The U.S. Department of Justice and the Biden White House are making it Owens-Illinois Inc.
abundantly clear to expect more criminal antitrust prosecutions against Panasonic Corp.
employers that agree to control wages or avoid recruiting from one another. Pixar Inc.
Read full article » Planned Parenthood Federation
DOJ Says Wage-Fixing Charges Were Never Off The Table Postmates Inc.
The U.S. Department of Justice told a Texas federal court that federal Robinhood Markets Inc.
prosecutors never promised not to charge the former director of a physical Royal Philips NV
therapist staffing company with criminal wage-fixing violations in exchange for Space Exploration Technologies
his cooperation. Corp.
Response attached I Read full article * State Bar of Califomia
Surgical Care Affiliates Inc.
EU Watchdog Eyes Spain's €101M Investor Arbitration Award
Europe's competition watchdog is going to be taking a hard look at whether a The Center for Immigration
E101 million ($119.2 million) arbitration award Spain has been ordered to pay Studies
after it retracted economic incentives for renewable energy investment meshes The New York Times Co.
with the bloc's state aid rules. Twitter Inc.
Read full article » U.S. Chamber of Commerce
Uber Technologies Inc.
PERSONAL INJURY & MEDICAL MALPRACTICE
United States Olympic
Rioters Didn't Stop Congress On Jan. 6, Militia Says Committee
The Oath Keepers militia group said Monday that members of Congress could UnitedHealth Group Inc.
not sue over the Jan. 6 Capitol Hill riot because the lawmakers were the ones Viasat Inc.
who interrupted the Electoral College certification with an emergency Walmart Inc.
adjournment as rioters were attacking the Capitol. Washington Post Co.
Brief attached I Read full article *
Yelp Inc.
INTERNATIONAL TRADE GOVERNMENT AGENCIES
Bureau of Citizenship and
US And Vietnam Cool Trade Tensions With Currency Pact
Immigration Services
Vietnam's central bank pledged to refrain from suppressing the value of its
currency to gain an economic advantage in a handshake deal with the Biden Bureau of Land Management
administration Monday, quieting a long-simmering trade dispute between the California Supreme Court
two nations. Centers for Disease Control and
Read full article Prevention
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EU Fights Russia's 'Discriminatory' Import Policy At WTO Centers for Medicare & Medicaid
The European Union launched a trade dispute with Russia at the World Trade Services
Organization on Monday, saying that Russia's import substitution policy Colorado Department of Labor
discriminates against foreign companies. and Employment
I document attached I Read full article » Consumer Financial Protection
Bureau
TAX European Commission
Ghislaine Maxwell Owes NY $1.6M In Taxes, State Tax Dept. Says European Union
Ghislaine Maxwell, former associate of deceased sex offender Jeffrey Epstein, Federal Bureau of Investigation
is among the top 250 individual tax debtors in New York, owing nearly $1.6 Federal Communications
million, according to a list maintained by New York's tax department. Commission
Memorandum attached I Read full article » Federal Trade Commission
Florida Department of
Calif. Gov. Hopeful Threatens Suit Over Ballot Disqualification Environmental Protection
A California candidate for governor said Monday that the secretary of state's
Food and Drug Administration
office disqualified him from the ballot because of improperly filed tax return
Government Accountability
information and said he would sue if the decision wasn't reversed.
Office
Letter attached I Read full article
International Trade Commission
BANKRUPTCY Legal Services Corp.
Massachusetts Supreme Judicial
Talc Plaintiffs' Attys Fume At Idea J&J Might Use Ch. 11 Tactic Court
Attorneys representing talc injury plaintiffs in some of the thousands of lawsuits National Aeronautics and Space
related to exposure to Johnson & Johnson products said Monday that the Administration
company's purported plan to consider siloing its talc liabilities with a subsidiary
National Telecommunications
and then moving it into bankruptcy is shameful and should be barred by law.
and Information Administration
Read full article »
New York State Department of
IMMIGRATION Financial Services
New York State Department of
Feds Call Off Appeal Salvaging Trump-Era Asylum Guidelines Taxation and Finance
The Biden administration has called off an appeal of a Washington, D.C., Office of Surface Mining
federal judge's decision striking down Trump-era credible fear guidelines as Reclamation and Enforcement
setting too high a hurdle for asylum-seekers to clear. State Bar of Texas
Motion attached I Read full article » U.S. Army
DC Judge Mulls Reserving Thousands More Diversity Visas U.S. Army Corps of Engineers
A D.C. federal judge is apparently leaning toward ordering the U.S. U.S. Attorney's Office
Department of State yet again to set aside thousands of visas for green card U.S. Attorney's Office for the
lottery winners whom the federal government hasn't processed or interviewed Southern District of New York
by the time the visas are set to expire. U.S. Court of Appeals for the
Read full article » District of Columbia Circuit
U.S. Court of Appeals for the
Uber, Postmates AB 5 Suit Gets Nixed By Calif. Judge Fifth Circuit
California escaped claims by Uber, Postmates and two drivers for those
U.S. Court of Appeals for the
companies that its worker classification test is unconstitutional after a federal
Ninth Circuit
judge agreed to toss the suit on the grounds that the law represents a
legitimate state interest. U.S. Department of Commerce
Order attached I Read full article » U.S. Department of Energy
U.S. Department of Homeland
9th Circ. Backs DHS In Immigration Environmental Impact Row Security
The Ninth Circuit nixed an appeal from conservationists and ranchers Monday, U.S. Department of Justice
affirming that the U.S. Department of Homeland Security was not required to U.S. Department of State
put immigration policies through environmental review.
U.S. Department of the Interior
Opinion attached I Read full article »
U.S. District Court for the Central
ICE Pays $100K To End HIV-Positive Immigrant's Arrest Suit District of California
U.S. Immigration and Customs Enforcement will pay an HIV-positive immigrant U.S. District Court for the District
with a severe mental disability $100,000 to settle claims that he was of Columbia
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traumatized by an arrest that a New York federal judge described as "no U.S. District Court for the District
routine" affair, according to a Monday court filing. of New Jersey
1 document attached I Read full article * U.S. District Court for the
NATIVE AMERICAN Eastern District of Texas
U.S. District Court for the Middle
Oklahoma Sues DOI For Coal Control On Tribal Lands District of Florida
Oklahoma has hit the U.S. Department of the Interior with claims that the U.S. District Court for the
department is threatening the coal industry by illegally taking away the state's Northern District of California
authority over coal mining on Muscogee (Creek) Nation lands, teeing up a
U.S. District Court for the
major test of how the Supreme Court's landmark McGill decision applies to
Northern District of Illinois
state regulation.
Complaint attached I Read full article * U.S. District Court for the
Southern District of Florida
TELECOMMUNICATIONS U.S. District Court for the
Southern District of New York
Analysis U.S. House Committee on
Broadband Sats Are Filling The Sky. Are Regulators Ready? Energy and Commerce
When the FCC allowed SpaceX to shift its planned Starlink broadband satellite
U.S. House of Representatives
constellation closer to Earth in April, the approval may have seemed routine,
yet competitors like Dish and Viasat now say the unprecedented collection of U.S. Immigration and Customs
devices could create challenges for scientific research and transmission from Enforcement
their own satellites. Here's a look at the burgeoning industry and the policy U.S. Securities and Exchange
questions still to be resolved. Commission
Read full article » U.S. Senate
U.S. Supreme Court
CANNABIS United States District Court for
the District of Colorado
Illinois Sued Over Revised Pot Biz Licensing Scheme
United States District Court for
Illinois' newly revised licensing scheme for pot businesses is unconstitutional,
the Westem District of Oklahoma
an applicant has argued in a lawsuit alleging that a late change to the state's
social equity regime is unfair and that its "discrimination" against out-of-state World Trade Organization
owners is a violation of the commerce clause.
Complaint attached I Read full article
EXPERT ANALYSIS
Opinion
FTC Should Take Nuanced Approach On Noncompete Regs
In response to President Joe Biden's recent executive order encouraging the
Federal Trade Commission to regulate employer noncompete agreements, the
agency should approach potential rulemaking with restraint by focusing on fair
and transparent use of such agreements, says Russell Beck at Beck Reed.
Read full article »
Colo. Equal Pay Law Is Raising Job Post Hurdles Nationwide
Because a compensation disclosure requirement in Colorado's new equal pay
law also applies to businesses outside of the state with potential to hire remote
workers who reside there, employers may want to consider several options to
avoid compromising their proprietary payment schemes or methodologies in
job ads, says Jonathan Israel at Foley & Lardner.
Read full article »
FINRA Shows Subtle Shift On Evaluating Best Execution
McGuireWoods' Elizabeth Hogan and Alexander Madrid analyze the Financial
Industry Regulatory Authority's recent notice on best execution and payment
for order flow, identifying an isolated focus on price that pivots from prior
guidance emphasizing a more holistic approach.
Read full article »
Questions To Ask After MedPAC Alternative Payments Report
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The Medicare Payment Advisory Commission's recent report to Congress
recommends streamlining the number of alternative payment models with less
overlap to permit better evaluation of their success, but further detail is needed
on various issues, such as which aspects of different models actually result in
more savings and quicker payment, say attorneys at Foley & Lardner.
Read full article
Series
Embracing ESG: Cigna Counsel Talks Employee Wellness
Building employee well-being into corporate environmental, social and
governance priorities required our legal team to focus more closely on cross-
functional collaboration within the company and increased communication with
our board of directors and shareholders, says Julia Bmcic at Cigna.
Read full article »
LEGAL INDUSTRY
Girardi Warning Signs Slipped Through Legal Loopholes
Plaintiffs attorney Thomas V. Girardi escaped public discipline at the hands of
the State Bar of California many times over four decades as clients alleged he
stole millions of dollars from their settlements. How was he not held to
account? This is the first in a series of stories examining his alleged
misconduct and the system and culture that enabled it.
Read full article »
Judge Sets Discovery Rules In Jones Day Family Leave Suit
A Washington, D.C., federal judge overseeing a suit by two former Jones Day
lawyers challenging the firm's parental leave policy has approved limits on who
can access sensitive information shared during discovery, but denied the ex-
associates' bid for a more expansive protective order.
Read full article
Must-Join Texas Bar Won't Fight Ruling That Limits Lobbying
The Texas bar association said Monday it will not fight a recent Fifth Circuit
finding that some of its legislative lobbying activities are "wholly disconnected"
from attomey regulation and unconstitutional for a mandatory-membership
state bar.
Read full article »
BigLaw Partners Among New Crop Of Mass. ACLU Directors
The Massachusetts chapter of the American Civil Liberties Union and its
associated foundation have named a new slate of directors, including a former
jurist of the state's top court and several partners from BigLaw firms.
Read full article »
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