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The National Law Journal

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The National Law Journal @thenlj.bsky.social · Apr 23

Your eyes do not deceive you -- The National Law Journal is finally on Bluesky!

a man wearing sunglasses and a red scarf is holding his hand to his ear .

ALT: a man wearing sunglasses and a red scarf is holding his hand to his ear .

media.tenor.com

The National Law Journal @thenlj.bsky.social · 9h

Justice Alito said the law "looks like blatant viewpoint discrimination." Justice Kagan, a liberal appointee of former President Obama, echoed the point, saying the law "seems like viewpoint discrimination in the way we would normally understand viewpoint discrimination." www.law.com/nationallawj...

'Blatant Viewpoint Discrimination': Supreme Court Appears Sour on 'Conversion Therapy' Ban | Law.com

The U.S. Supreme Court heard arguments Tuesday in Chiles v. Salazar, a challenge to Colorado's ban on the practice of "conversion therapy" on minors.

The National Law Journal @thenlj.bsky.social · 9h

The case is being closely watched by the plaintiff's bar and U.S. medical industry as 29 states require some heightened showing by plaintiffs suing doctors and other medical providers for alleged negligence.

www.law.com/nationallawj...

Justices Frown on Adding 'Affidavit' Requirement to Malpractice Cases in Federal Court | Law.com

The U.S. Supreme Court appeared reluctant to require medical malpractice plaintiffs to comply with state requirements to submit an expert affidavit alongside their lawsuit when, for reasons of diversi...

The National Law Journal @thenlj.bsky.social · 9h

“Unfortunately Congress has become less interested in its constitutional [responsibilities] and more interested in just partisan squabbling,” said Clark Neily, a senior vice president for legal studies at the Cato Institute. www.law.com/nationallawj...

'Terrible Problem': If Government Shutdown Persists, Federal Court Inaction Becomes a Risk | Law.com

"In light of the ongoing federal government shutdown, the Thirteenth Biennial Bench-Bar Conference has been postponed," the U.S. District Court for the District of Maryland announced as expert observe...

The National Law Journal @thenlj.bsky.social · 9h

The firm, which conducted an investigation of the incident with cyber experts at CrowdStrike, said the hackers are “believed to be affiliated with a nation-state actor responsible for recent attacks on a number of law firms and companies.”

www.law.com/nationallawj...

Williams & Connolly Targeted by Hackers | Law.com

The firm confirmed that a “small number” of attorney email accounts were accessed, but there was "no evidence" that confidential client data was extracted.

The National Law Journal @thenlj.bsky.social · 9h

The court's concern, emphasized repeatedly during oral arguments, is that judges would have to become political analysts if candidates could challenge rules only if they can show how it could affect the outcome of a race.

www.law.com/nationallawj...

'Potential Disaster': Justices Appear Deeply Concerned Over Judges Weighing Electoral Odds | Law.com

The U.S. Supreme Court seemed deeply suspicious of arguments that political candidates should only be able to challenge election rules if they have a chance of winning, fearing such a high bar for sta...

The National Law Journal @thenlj.bsky.social · 7d

U.S. District Judge Sparkle L. Sooknanan dismissed a criminal case with prejudice Wednesday, calling it “another example of apparent prosecutorial machinations” following Trump’s Aug. 11 deployment of armed National Guard troops in the nation’s capital. www.law.com/nationallawj...

'Prosecutorial Machinations?' US Judge Blasts Federal Prosecutors in DC | Law.com

"Most troubling, prosecutors have rushed to charge cases before properly investigating them, resulting in individuals being detained for days only to have the government voluntarily dismiss the charge...

The National Law Journal @thenlj.bsky.social · 7d

Former Skadden partner and ex-prosecutor Patrick Fitzgerald alongside local criminal defense attorney Jessica Carmichael of Virginia-based Carmichael Ellis & Brock represent Comey in the U.S. District Court for the Eastern District of Virginia case. www.law.com/nationallawj...

Meet the Lawyers Set to Defend Comey in Federal Criminal Case | Law.com

Comey is represented by Patrick J. Fitzgerald and Jessica Carmichael. As former U.S. Attorney in Chicago, Fitzgerald secured convictions against former Illinois governors George Ryan and Rod Blagojevi...

The National Law Journal @thenlj.bsky.social · 7d

Antitrust litigator David Gringer played a leading role in shaping the defendants’ arguments for dismissal and applauded Ellis’ decision.

www.law.com/nationallawj...

Counsel for 40 Elite US Colleges Secure Dismissal of Antitrust Class Action | Law.com

"The court's well-reasoned opinion recognizes that plaintiffs' lawsuit lacked a sufficient factual basis to proceed," antitrust litigator David Gringer, a partner at Wilmer Cutler Pickering Hale and D...

The National Law Journal @thenlj.bsky.social · 7d

The Trump administration argued that undocumented and temporary visa holders are not “subject to the jurisdiction” of the United States, and therefore their children do not qualify for citizenship even when born on U.S. soil.

www.law.com/nationallawj...

Trump Asks Supreme Court to Uphold Birthright Citizenship Restrictions | Law.com

U.S. Solicitor General D. John Sauer has filed a pair of appeals asking that the justices hear the showdown over the president's controversial executive order this coming term, with a decision on the ...

The National Law Journal @thenlj.bsky.social · 7d

As Big Law firms have pulled back from prominent pro bono litigation against the federal government or its interests, legal nonprofits such as Democracy Forward are helping to take up the adversary litigation. www.law.com/nationallawj...

This Legal Nonprofit Has Brought More Than 100 Actions Against Trump Agenda, as Big Law Shies Away | Law.com

A number of law firms "are not taking on the level of pro bono work, the level of pro democracy work that they did in the first Trump administration, or that they have historically, as a result of the...

The National Law Journal @thenlj.bsky.social · 9d

Notably, the court did not grant Trump's request for an immediate order for permission to fire Cook while her case moves forward in the lower courts, saying instead that the president's application was "deferred" pending a hearing during its January session. www.law.com/nationallawj...

Supreme Court Says Fed Governor Can Remain In Office For Now, Sets January Hearing | Law.com

The case, which will be heard sometime during the court's January session, presents a major bellwether test over President Donald Trump's influence over the central bank, which, by setting monetary po...

The National Law Journal @thenlj.bsky.social · 14d

The list of counsel getting involved in the investigation appears to be growing, as the House Oversight Committee conducts a sweeping investigation into Biden’s mental acuity while in office and the use of autopen for pardons.

www.law.com/nationallawj...

Latham, Covington Among Several Law Firms Representing Biden Aides in Congressional Probe | Law.com

The list of law firms getting involved in the investigation appears to be growing, as the House Oversight Committee conducts a sweeping investigation into Biden’s mental acuity.

The National Law Journal @thenlj.bsky.social · 14d

“The charges as alleged in this case represent a breach of the public trust at an extraordinary level,” Halligan said Thursday in a statement. www.law.com/nationallawj...

Read the Indictment: Trump DOJ Charges Former FBI Director James Comey | Law.com

"The charges as alleged in this case represent a breach of the public trust at an extraordinary level," President Donald Trump's newly appointed interim U.S. Attorney Lindsey Halligan of the Eastern D...

The National Law Journal @thenlj.bsky.social · 14d

The Supreme Court’s order will keep Federal Trade Commissioner Rebecca Slaughter off the antitrust agency as it revisits a landmark 1935 ruling upholding "for-cause" protections for FTC members. www.law.com/nationallawj...

Supreme Court Keeps Fired Democrat Off FTC, Agrees to Reconsider Agency's Independence | Law.com

Dissenting, Justice Elena Kagan said the court's emergency docket should not be used "to transfer government authority from Congress to the President, and thus to reshape the Nation’s separation of po...

The National Law Journal @thenlj.bsky.social · 14d

If the answer to a legal question is close between options A and B, Thomas said he will go with the answer dictated by precedent.

“But if Z is totally stupid, and that's what they've decided, you don't go along with it just because it’s decided,” Thomas said. www.law.com/nationallawj...

Justice Thomas on Precedent: ‘If [It’s] Totally Stupid ... You Don’t Go Along With It’ | Law.com

Sparing the usual litany of "stare decisis" factors, Justice Clarence Thomas offered a simple formula for the amount of deferential weight he gives a precedent of the U.S. Supreme Court: how much he a...

The National Law Journal @thenlj.bsky.social · 14d

At least five batches of letters from Democratic lawmakers have gone out to firms inquiring about the terms of the deals with the president and the circumstances surrounding those deals. www.law.com/nationallawj...

Law Firms' Free Legal Work for Trump Gets More Scrutiny From Democrats | Law.com

Lawmakers sent letters on Wednesday to Paul Weiss, Kirkland and Skadden, pressing the firms for details about the pro bono services they are providing to "Trump's pet causes."

The National Law Journal @thenlj.bsky.social · 25d

With their well-fitted suits and natural agility in avoiding opponents’ attacks, penguins might just be the largest threat the legal industry has ever faced. Or at least, that’s what one Big Law midlevel associate told us in this year’s midlevels survey. www.law.com/nationallawj...

The National Law Journal @thenlj.bsky.social · 25d

David Higbee, alongside Ben Gris and Djordje Petkoski, are joining Paul Weiss's Washington, D.C., office as partners in the firm's antitrust practice, the firm said Monday. www.law.com/nationallawj...

Paul Weiss Snags Antitrust Partner Trio From A&O Shearman | Law.com

The group includes David Higbee, who was head of A&O Shearman's antitrust group and an executive committee member.

The National Law Journal @thenlj.bsky.social · 25d

In the SEC's response to Musk's motion to transfer, the agency cited convenience for the attorneys involved as one of the primary reasons the action should stay in D.C.

www.law.com/nationallawj...

SEC: Keeping Musk Securities Case in D.C. Is Best for Attorneys | Law.com

The U.S. Securities and Exchange Commission cited convenience for the attorneys involved as one of the primary reasons the action should stay in D.C. Now, U.S. District Judge Sparkle L. Sooknanan is p...

The National Law Journal @thenlj.bsky.social · 25d

President Trump asked the D.C. Circuit on Thursday to stay a lower court order requiring the reinstatement of fired Federal Reserve Governor Lisa Cook, arguing the firing was lawful because he had cause to remove her over mortgage fraud allegations. www.law.com/nationallawj...

Trump Asks DC Circuit to Allow Firing of Federal Reserve Governor Lisa Cook | Law.com

“If an earlier President and earlier Senate had confirmed Bernie Madoff or Charles Ponzi to be Federal Reserve Governors, it would blink reality to suggest that a later President could not remove them...

The National Law Journal @thenlj.bsky.social · 25d

In papers filed by Deputy U.S. Solicitor General Sarah Harris, the government argued that state climate change litigation is preempted by both the federal Clean Air Act and the U.S. Constitution. www.law.com/nationallawj...

Supreme Court Should Stop State Climate Change Lawsuits, Trump Administration Argues | Law.com

In a reversal of the Biden administration's position, the U.S. solicitor general's office is supporting an appeal from Exxon Mobil and other oil companies to defeat state litigation over their role in...

The National Law Journal @thenlj.bsky.social · 28d

During a talk at McLennan Community College in Waco, Texas, Kavanaugh stressed that the separation of powers protects liberty. “No one person or group of people should have too much power in our system,” he said. www.law.com/nationallawj...

Kavanaugh Denies Supreme Court Is Deeply Divided | Law.com

U.S. Supreme Court Justice Brett Kavanaugh spoke Thursday evening at McLennan Community College in Waco, Texas, about not allowing cameras in the courtroom, the importance of the Constitution and Pres...

The National Law Journal @thenlj.bsky.social · 28d

The Second Circuit also rejected Trump’s argument that under Trump v. United States, presidential immunity is generally not waivable unless there’s an “explicit and unequivocal renunciation.” www.law.com/nationallawj...

2nd Circuit Upholds $83M Verdict Against Trump in E. Jean Carroll Defamation Case | Law.com

On Monday, the Second Circuit said the Supreme Court's intervening Trump v. United States decision—that the president had broad immunity in the now-dismissed 2020 election obstruction criminal prosecu...

The National Law Journal @thenlj.bsky.social · 28d

Cahill currently has 17 lawyers in D.C. in practice areas including congressional investigations, white-collar defense and investigations, IP litigation, digital assets and emerging technology, antitrust, tax and telecommunications. www.law.com/nationallawj...

Cahill Relocates to Larger DC Office, Eyeing Expansion in Region | Law.com

“Cahill historically has not had a significant presence in D.C.,” said Herb Washer, but "a big part of the growth opportunity are the kinds of practices that we can build in D.C."

The National Law Journal @thenlj.bsky.social · Sep 8

In an unsigned order, the high court granted the Trump administration's request for permission to continue using demographic profiling of a person's ethnicity, job or location as a basis for an arrest on suspicion of being an undocumented immigrant. #LawSky www.law.com/nationallawj...

Supreme Court Allows ICE Sweeps in Los Angeles to Continue | Law.com

"We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job," Justice Sonia Sotomayor wrote in dissent.