President Donald Trump's choice for a North Carolina federal judgeship will likely be sent back to the White House after prospects for confirmation this year dwindled to nil, the head of the Senate Judiciary Committee said.  
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TOP NEWS

Trump Trial Court Pick Unlikely To Get Vote, Grassley Says

President Donald Trump's choice for a North Carolina federal judgeship will likely be sent back to the White House after prospects for confirmation this year dwindled to nil, the head of the Senate Judiciary Committee said.   Read full article »

Michael Cohen Deserves 'Substantial Prison Term,' Feds Say

Prosecutors told a Manhattan federal judge Friday that Michael Cohen, President Donald Trump's former lawyer and political champion, should be sentenced to a “substantial prison term” — possibly in the range of four years — after Cohen copped to a series of crimes including lying to Congress and tax evasion in two plea hearings. Read full article »

Mueller Says Manafort Lied About Contact With Trump Admin.

Paul Manafort lied to prosecutors about several things, including his claim that he was not in contact with the Trump administration earlier this year, in violation of his plea agreement, special prosecutor Robert Mueller told a D.C. federal court Friday. Read full article »

Calif. School Vaccine Law Upheld As Panel Pans 'Hyperbole'

California's law requiring children in day care and grade school to get vaccinated survived another in a long line of challenges when a state appeals court criticized the lawsuit’s "hyperbole" in a unanimous opinion upholding a lower court's decision to toss the case. Read full article »

Immigrant Challenges Legitimacy Of Judges Under Acting AG

The nation’s immigration judges currently lack the authority to act on a broad range of cases because acting U.S. Attorney General Matthew Whitaker has not been lawfully appointed, a Colorado resident who faces deportation has contended. Read full article »

Trump Unlikely To Defy 'So-Called Judges,' Prof Argues

A recent paper by a William & Mary law professor argues that, despite charged rhetoric from the Trump administration, including the president’s personal attacks on judges, the federal government has thus far complied with judicial orders and is likely to continue to do so. Read full article »

SERIES SPOTLIGHT

Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers. Read full article »

BANKING & SECURITIES

Chinese Cos. Eluding US Scrutiny, Hurting Investors: SEC

Wall Street regulators issued an unusually strong rebuke Friday of their counterparts in China for continuing to shield reports that could indicate whether public companies based there are playing fairly in U.S. exchanges. Read full article »

Trump Picks Kirkland's William Barr For AG

President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush. Read full article »

IP & TECHNOLOGY

DOJ Antitrust Head Redoing Patent Accord To Help IP Owners

The head of the U.S. Department of Justice’s Antitrust Division on Friday delivered one of the sharpest examples yet of the division’s new emphasis on protecting patent holders by promising to rewrite an Obama-era policy on standard-essential patents and to crack down on standard-setting bodies that disrupt competition. Read full article »

MEDIA & ENTERTAINMENT

Advertisers Can't Tear Down NYC Billboard Ban At 2nd Circ.

Advertisers can't block a New York City ban on billboard advertising near public parks and roadways after the Second Circuit said Friday a decades-old regulation exemption that lets signs plaster a Queens ballpark doesn't mean the companies are being deprived of their commercial speech rights. Read full article »

EMPLOYMENT

ERISA Industry Group Wants Seattle Hotel Benefits Law Nixed

The ERISA Industry Committee again asked for a quick win in its challenge to a recently revised section of Seattle's municipal code governing hotel employee health benefits, asking a Washington federal judge to reject the city's assertion that the ordinance wasn't preempted by the Employee Retirement Income Security Act. Read full article »

COMPETITION

Take Merger Fight To The Links, FCC's Pai Says At Roast

FCC Chairman Ajit Pai needled parties involved in two of the year’s biggest mergers during the 32nd annual Chairman’s Dinner Thursday night, suggesting AT&T and the DOJ could settle their beef on the putting green and Sprint and T-Mobile’s merger attempts resemble dysfunctional relationships on “The Office.” Read full article »

EU Takes Romania To Court Over $105M In Unrecovered Aid

The European Union’s antitrust watchdog is taking Romania to court over the country's failure to fully claw back €92 million ($104.8 million) it paid to two Swedish investors in violation of EU state aid rules, the agency said Friday. Read full article »

UK Watchdog Probing Pepsi-Chips Combo

The U.K.’s competition watchdog announced Friday that it had opened an investigation into Pepsi’s purchase of Pipers Crisps Ltd., saying the deal could result in a lessening of competition. Read full article »

German Power Giant To Allow More Danish Energy After Probe

The largest high-voltage electricity transmitter in Germany will let in more energy from Denmark suppliers to end a European Commission investigation that it choked the supply of cheap Nordic electricity in favor of German-produced power, regulators said Friday. Read full article »

MEDICAL MALPRACTICE

Colo. Sheriff Can't Hold Detainees For ICE, Judge Rules

A Colorado federal judge gave a quick win Thursday to classes of detainees at the El Paso County jail in finding that the local sheriff cannot hold them for up to 48 hours after they have resolved their criminal cases so that immigration authorities can pick them up without a court order. Read full article »

TAX

IRS Lets Cos. Opt Out Of New Stock Option Deferral Program

Companies will be able to opt out of a new provision in last year's federal tax overhaul that allows employees to defer income from exercising stock options, the Internal Revenue Service said Friday. Read full article »

IMMIGRATION

Texas AG, Others Tell High Court Trump Can End DACA

A coalition of 10 states led by Texas and a group of nonprofits led by Citizens United have each filed amicus briefs with the U.S. Supreme Court, supporting the move by President Donald Trump’s administration to rescind the Deferred Action for Childhood Arrivals program. Read full article »

NATIVE AMERICAN

Senate OKs Bill To Fight Crime Against Tribal Women

The Senate has approved a bipartisan bill that would bolster law enforcement efforts to investigate the abductions and murders of Native American women, many of which “go uninvestigated and unresolved,” according to the measure’s co-sponsor. Read full article »

Many Native Americans Lack High-Speed Internet: Census

Native Americans living on Indian lands are among the people least likely in the United States to have access to high-speed internet service, the U.S. Census Bureau reported Thursday. Read full article »

Tribes Can't Stop FCC's Next-Gen Towers, DC Circ. Told

The Federal Communications Commission has urged the D.C. Circuit to toss out a petition for review by tribes and environmentalists regarding the commission’s plan to accelerate the building of 5G infrastructure, saying the deployment of small-cell fixtures is not a major federal action. Read full article »

TELECOMMUNICATIONS

FCC Halts $4.5B Subsidy Project To Probe Carrier Data

The Federal Communications Commission said Friday it's opening an investigation into whether major carriers fudged nationwide coverage maps submitted within a $4.53 billion agency initiative to bring high-speed access to rural areas, pausing the project after early looks at carrier data pointed to "significant violations" of the rules. Read full article »

Dems Urge FCC Not To Classify Texting As An Info Service

A group of Democratic senators are urging the Federal Communications Commission to drop plans to classify text messaging as an information service rather than a telecommunications one, saying that such a move would give providers a free pass to censor consumers' text messages. Read full article »

POLITICS

Mass. Winner-Take-All Electoral System Sound, Judge Rules

A bid by a former Massachusetts governor and two Republicans to change the state's winner-take-all practice for selecting presidential electors was dismissed Friday by a federal judge who ruled the system — which is in place in 48 states and the District of Columbia — does not violate the U.S. Constitution. Read full article »

PEOPLE

Georgetown Tech Hub Hires Ex-FTC Commish, Covington Atty

Georgetown Law has nabbed a top Covington & Burling lawyer and former Federal Trade Commission member who worked on antitrust and consumer protection matters for the school’s tech law hub, who will join as a distinguished fellow. Read full article »

EXPERT ANALYSIS

A Look Back At Mulvaney's CFPB, And What's Ahead In 2019

With Kathy Kraninger now confirmed as the next director of the Consumer Financial Protection Bureau, attorneys with Mayer Brown LLP offer an in-depth look at how the agency has changed under acting Director Mick Mulvaney and what it may look like going forward. Read full article »

Opinion

House Problem Solvers May Not Solve The Problem

A small group of Democrats committed to making the House more collegial and productive has reached an agreement with the minority leader on several changes to the way the House operates. While a great first step, these provisions will create problems of their own, say Thomas Spulak and George Crawford of King & Spalding LLP. Read full article »

OFCCP Employee Selection Guidance: A Few Misconceptions

Meeting the scope and variety of the Office of Federal Contract Compliance Programs' adjunct employee selection requirements is a continuing challenge for contractors. Richard Fischer, research psychologist with the U.S. Department of Homeland Security and former OFCCP testing expert, debunks some common misinterpretations. Read full article »

State Net

More State Issues The Blue Wave May Shape In 2019

In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year. Read full article »

Calif. Privacy Act Will Increase Data Breach Liability

The California Consumer Privacy Act's statutory damages provision will likely generate significant litigation and require courts to weigh in on various aspects of this important new remedy, say Grant Davis-Denny and Alex Gorin of Munger Tolles & Olson LLP. Read full article »

LEGAL INDUSTRY

Kirkland & Ellis Chairman To Retire, Successor Named

Kirkland & Ellis LLP's longtime chairman Jeffrey Hammes will retire in early 2020 and will be replaced by Jon Ballis, a Chicago-based private equity partner and member of the firm's global management executive committee, according to a Friday internal memo obtained by Law360. Read full article »

Feature

Bar Orgs In The Crosshairs After Justices Revive Dues Case

The U.S. Supreme Court created an existential threat for mandatory state bar associations when it recently ordered a fresh look at whether their required dues are constitutional, a move that could lead to a decline in bar membership depending on the outcome of the case. Read full article »

Legal Industry Sheds 2,400 Jobs, Wiping Out Year's Gains

The legal services sector lost 2,400 jobs in November, the steepest single-month drop in 2018, erasing virtually all of the gains made throughout the year, according to data released Friday by the U.S. Bureau of Labor Statistics. Read full article »

BigLaw Revenues On Track For Banner Year, Wells Fargo Says

The legal industry is poised to have its most successful year since the 2008 economic downturn, with revenue up among top firms through the first three quarters, a report from Wells Fargo Private Bank's legal specialty group predicts. Read full article »

Kirkland Nixes Forced Arbitration For Non-Attorney Staff

Kirkland & Ellis LLP told employees it would end its policy of requiring arbitration to settle employment disputes for all non-attorney staff, according to a memo obtained Friday by Law360 and following public pressure mounted by a group of Harvard Law School students. Read full article »

Tesla Taps Williams & Connolly Chairman To Take GC Reins

Williams & Connolly LLP chairman Dane Butswinkas will become the new general counsel at Tesla Inc., moving in-house after a decadeslong career at the prestigious Washington, D.C., firm, the automaker announced Thursday. Read full article »

Atty Asks To Stay In NFL Suit Despite Disciplinary Charges

A California attorney has asked the Ninth Circuit to allow him to continue representing a former NFL cheerleader in her proposed class action against the league despite the fact that a judge with the state bar court has recommended that he be disbarred for exploiting an elderly client and his license has been listed as inactive. Read full article »

Belgian Busted In Scheme To Dupe US Law Firms, Charities

A Belgian national who was indicted by a federal grand jury for a scheme to convince law firms and charities to wire him money was arraigned in Boston federal court Friday, 22 months after a warrant was issued for his arrest. Read full article »

Feature

GC Cheat Sheet: The Hottest Corporate News Of The Week

More than a dozen privacy groups doubled down on efforts to persuade California lawmakers to refrain from watering down a landmark privacy law, the District of Columbia gave final approval to a post-Wayfair tax law, and the Marriott hack showed the risks of cyber diligence gaps in mergers. These are some of the stories in corporate legal news you may have missed in the past week.​ Read full article »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read full article »

Podcast

Law360's Pro Say: The Copy-Paste Case That Led To Fraud

Can you be held liable for securities fraud if you simply copy-and-paste someone else’s false statements? The U.S. Supreme Court wrangled with that question this week, and reporter Jon Hill joins the Pro Say podcast to explain the case. Read full article »

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Epstein Becker Green

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Jenner & Block

Keller Rohrback

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King & Spalding

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Michael Best

Miller & Chevalier

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Munger Tolles

Native American Rights Fund

Ogletree Deakins

Orrick Herrington

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Rimon PC

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Steptoe & Johnson LLP

Tucker Ellis

Weil Gotshal

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William J. Olson PC

Williams & Connolly

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COMPANIES

1-800 Contacts Inc.

AT&T Inc.

Airbnb Inc.

American Bar Association

American Civil Liberties Union

AstraZeneca

Bank of America Corporation

CTIA

CUNA Mutual Group

Cable News Network Inc.

Chicago Bulls

Clear Channel Outdoor Holdings, Inc.

Consumer Attorneys of California

Electronic Frontier Foundation

Entergy Corp.

Equifax Inc.

Federal Communications Bar Association

Ford Motor Co.

Gilead Sciences Inc.

GlaxoSmithKline

Google Inc.

Gordon Food Service Inc.

Home Box Office Inc.

Honeywell International Inc.

International Brotherhood of Electrical Workers

International Brotherhood of Teamsters

Kirkland's, Inc.

Lands' End Inc.

Leadership Council on Legal Diversity

LexisNexis Group

Marriott International Inc.

NBCUniversal Inc.

NFL Enterprises LLC

Naral Pro-Choice America

National Basketball Association

National Conference of State Legislatures

National Trust for Historic Preservation

New York Mets

Oakland Raiders

PG&E Corporation

PepsiCo Inc.

PhRMA

Public Company Accounting Oversight Board

Reed Elsevier

Regents of the University of California

Southeastern Pennsylvania Transportation Authority

Starwood Hotel & Resorts Worldwide Inc.

State Bar Association of North Dakota

State Bar of California

T-Mobile USA Inc.

The ERISA Industry Committee

Twitter Inc.

Verizon Communications Inc.

ViroPharma Incorporated

Wal-Mart Stores Inc.

Washington Capitals

Washington State Bar Association

Wayfair LLC

Wells Fargo & Co.

Yahoo! Inc.

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