Federal Government
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Federal Government, Legal Ethics, Public Interest
Agency Capture: Who Is The Client?
When a government lawyer answers a legal question, whose question is he answering, and for whose benefit? When a government lawyer takes a position, whose interests or preferences is she advancing? -
Federal Government
House Passes “40 Hour” Legislation to Modify the Affordable Care Act
On January 8 2015, the US House of Representatives passed H.R. 30, the Save American Workers Act, with a final vote of 252-172. The bill, which would reform the definition of “full-time employee” in the Affordable Care Act to the industry-standard 40 hours per week. - Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
The rise of remote work has dramatically reshaped the relationship between Lawyers and Law Firms, see how Scale LLP has taken the steps to get… -
Federal Government
Congress Makes It Possible to Reduce Some Union Pensions
As a part of the Consolidated and Further Continuing Appropriations Act, 2015, passed by Congress and signed by the President on December 18, 2014, the 161-page "Multiemployer Pension Reform Act of 2014" (Act) gives the trustees of a financially troubled multiemployer pension plan (and in some cases the federal government) the ability to temporarily or permanently reduce plan benefits for active and/or retired participants in order to keep the plan solvent, along with other changes.
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Federal Government
FERC Enforcement – What To Expect In 2015
The Federal Energy Regulatory Commission’s (FERC’s) Office of Enforcement (Enforcement) recently released its annual report on enforcement activities for 2014. As is typical, Enforcement identified its primary concerns as detecting and deterring fraud and manipulation in its markets and ensuring the safety and reliability of the grid. -
Fabulosity, Rankings
30 Under 30: The Top Young Lawyers And Policymakers (2015)
Know anyone on this august list? If so, congratulate them! -
Federal Government
HIPAA Hurdles in 2015
Peering ahead into 2015 and hoping to surpass Michael’s status as Fox Rothschild’s HIPAA soothsayer, I thought I would take a stab at predicting a few HIPAA hurdles that covered entities, business associates, and their advisors are likely to face in 2015. -
Federal Government
Agency Capture -- Winning
When it comes to federal agencies, the concept of "winning" can be a lot fuzzier than it is in the private sector. -
Federal Government
Federal Contractors Subject To Minimum Wage
This blog post updates several of our previous posts addressing the implementation of the minimum wage for federal contractors. - Sponsored
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
In this CLE-eligible webinar, we’ll explore the most common accounting pitfalls and how to avoid them for your firm. -
Federal Government
Agency Capture: Authority
Agencies can't turn on a dime. And that's how they were built. -
Federal Government
Change Has Come: OFCCP Publishes Final Rule Implementing Executive Order Prohibiting Federal Contractors From LGBT Discrimination
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule today, implementing Executive Order (“EO”) 13672, signed by President Obama July 21, 2014. -
Morning Docket
Morning Docket: 12.15.14
* Thanks to a former Skadden attorney’s failed attempt to kill himself, police were able to retrieve a suicide note — entitled “A Sad Ending to My Life” — that revealed the lawyer’s $5M Ponzi scheme. We may have more on this later. [Am Law Daily]
* “I’m not one who believes there are too many lawyers in the country,” says Dean Thomas Guernsey of Thomas Jefferson Law. Conveniently, only 29% of TJSL’s ’13 grads are working in full-time, long-term jobs as lawyers. Kudos! [U-T San Diego]
* The government just paid the least amount of money to legal services contractors since 2008. As far as Biglaw firms are concerned, Curtis Mallet-Prevost posted “significant losses,” receiving $2M less than it did in 2013. [National Law Journal]
* Because not everyone wears gas masks, a federal judge issued a temporary restraining order to keep police from using tear gas on peaceful protestors in Ferguson without first issuing “clear and unambiguous warnings.” [WSJ Law Blog]
* Ladies and gentlemen, this is the main event of the evening! IT’S TIME! FIGHTING out of the blue corner, angry UFC combatants who are planning to use “renowned” antitrust firms to secure “hundreds of millions of dollars”! [Bloody Elbow / SB Nation]
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Bankruptcy, Federal Government, Finance, Lawyers
The Triumph of Art Over The Rational Man Standard
When I heard that the city of Detroit was going bankrupt, I was intrigued. -
Federal Government, Public Interest
Agency Capture: 2 Narratives About Government
Please welcome new columnist Brian D. Griffin, who will be covering the world of government lawyers and legal practice.
Sponsored
Is The Future Of Law Distributed? Lessons From The Tech Adoption Curve
Navigating Financial Success by Avoiding Common Pitfalls and Maximizing Firm Performance
Legal AI: 3 Steps Law Firms Should Take Now
Sponsored
Early Adopters Of Legal AI Gaining Competitive Edge In Marketplace
The Business Case For AI At Your Law Firm
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Clerkships, Department of Justice, Fabulosity, Federal Government, Federal Judges, Feeder Judges, SCOTUS, Supreme Court, Supreme Court Clerks
Congratulations To The 2015 Bristow Fellows
Which law schools and lower-court judges send the most people into prestigious Bristow Fellowships? -
Federal Government, SCOTUS
SCOTUS Argument Preview: Must Agencies Use Notice and Comment Rulemaking to Change Interpretation
The United States Supreme Court (SCOTUS) will hear argument in Perez v. Mortgage Bankers Association, No. 13-1041, asking whether a federal agency must engage in advance notice and public comment rulemaking pursuant to the Administrative Procedure Act (APA) before it can significantly alter an established interpretive rule articulating the agency’s interpretation of an agency regulation. -
Biglaw, Confirmations, Federal Government, General Counsel, In-House Counsel, Law Firm Mergers, Law Schools, Morning Docket, Sandra Day O'Connor
Morning Docket: 11.14.14
* Loretta Lynch, America’s would-be attorney general, has been flying under the radar for years, and now senators are searching to find something, anything at all really, that could possibly be wrong with her. [Legal Times]
* “[T]his is the best period of time that we have seen in a long time.” According to Wells Fargo Private Bank’s Legal Specialty Group, Biglaw’s revenue, hours, and profits all rose in the first nine months of 2014. Nice work! [Am Law Daily]
* Biglaw mergers and acquisitions are now on pace to meet or beat last year’s record, and company legal departments are pretty pissed off about it, especially since “[l]arge firm views on conflicts [tend to] drive [GCs] crazy.” [Reuters]
* Retired Supreme Court Justice Sandra Day O’Connor attended the groundbreaking of Arizona State Law’s new campus, and even shoveled some dirt in honor of the school named after her. [Arizona Republic]
* What’s the price on being blackballed? Condé Nast settled its unpaid intern class-action lawsuit yesterday for $5.8 million, which will result in $700 to $1,900 payouts per aggrieved intern. [Fashionista]
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Federal Government
FTC Brings First Actions Under the Restore Online Shoppers’ Confidence Act
Last month, the Federal Trade Commission brought a pair of actions under the Restore Online Shoppers’ Confidence Act (“ROSCA”) – the first of their kind. -
Federal Government
HUD Housing Disparate Impact Rules Vacated – How an APA Case Could Clarify Complicated Private Litigation
Ed note: This post originally appeared on Federal Regulations Advisor. The United States District Court for the District of Columbia vacated the Department of Housing and Urban Development (HUD) 2013 rules (ostensibly) under the Fair Housing Act (FHA) establishing disparate-impact liability in a case revolving on homeowners’ insurance coverage policies. Plaintiffs in American Insurance Association […] -
Bankruptcy, Federal Government, Finance
Despite Earlier Ruling, Stockton Judge Confirms Plan Leaving Pension Obligations Intact
One month ago, Judge Christopher Klein ruled in the city of Stockton, CA bankruptcy case that public employee pension obligations can be impaired in municipal bankruptcy cases under Chapter 9 of the Bankruptcy Code. Last week, however, Judge Klein approved the plan of adjustment for Stockton that left public pension obligations intact over the vociferous objection of Franklin Investments, a major city bondholder whose claim was substantially reduced. -
Just in Time for Halloween: Zombie Aereo!
Preliminary injunction kills Aereo’s “live” retransmissions, but leaves it partly alive and still shuffling.