Counsel News and Events for Attorneys and Executives

Administrative Law

State Department Updating Contracting Language to Head Off Confusion

News
The change is intended to head off problems such as the one seen earlier this year when a contractor would not comply with requests for an IT audit of security controls.

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AT&T Wants to Buy Time Warner To ‘Weaponize’ Its Content, Government Says in Antitrust Trial

AT&T Wants to Buy Time Warner To ‘Weaponize’ Its Content, Government Says in Antitrust Trial

News
In opening arguments, Justice Department lawyer Craig Conrath said AT&T could use Time Warner’s content as a weapon against competitors that rely on the programming.

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Trump Labor Board Member Forgot About Conflict of Interest, Watchdog Says

Trump Labor Board Member Forgot About Conflict of Interest, Watchdog Says

News
National Labor Relations Board Member William Emanuel violated a White House ethics pledge by participating in a closely watched case involving his former law firm, the NLRB’s inspector general concluded in a report obtained by Bloomberg Law.

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Former Jones Day Attorney Tapped For Position at the EEOC

News
The top litigator position at the Equal Employment Opportunity Commission has been vacant since December of 2016.

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Trump Labor Board Scrambles to Avoid Pro-Worker Ruling, Lawyers Claim

Trump Labor Board Scrambles to Avoid Pro-Worker Ruling, Lawyers Claim

News
If the workers win at trial, the case could have a profound effect on how major corporations are held liable for workplace wrongdoing, Bloomberg reports.

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Political and Economic Realities Hamper Efforts to Reopen U.S. Waters to Offshore Drilling

Insight
A post on the website of Haynes and Boone calls attention to an apparent failure to acknowledge economic realities of oil and gas leasing and operating in the Outer Continental Shelf.

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State Court Judge – Who Wouldn’t Marry Same-Sex Couples – Suspended for 3 Years

News
The court found that the Marion County Circuit Court committed “willful misconduct” and made “willful misstatements” to investigators to cover up the truth, according to The Oregonian.

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Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Supreme Court to Clarify Applicability of Arbitration Act to Transportation Contracts

Insight
The case will be important for in-house and private transactional attorneys who draft contracts with transportation sector independent contractors, as well as litigators handling employee misclassification cases, according to Holland & Knight.

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Making Sure Your Website is Compliant with State Bar of Texas Ad Rules

Insight
Making sure a firm’s website is compliant with State Bar of Texas advertising rules is just one of the many responsibilities for Texas lawyers and law firms who are launching a new site or updating an existing site, according to Muse Commuinications.

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Avoiding Prosecution Churn: When Ex Parte PTAB Appeals Make Dollars and Sense

Webinar, March 21, 2018, 11 a.m. CDT
Fitch, Even, Tabin & Flannery LLP will present a free webinar, “Avoiding Prosecution Churn: When Ex Parte PTAB Appeals Make Dollars and Sense,” featuring Fitch Even partner Thomas F. Lebens and Anticipat founder Trent Ostler.

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Five Ways the Senate Plans to Roll Back Regulations on Wall Street

Five Ways the Senate Plans to Roll Back Regulations on Wall Street

News
If made into law, the legislation would weaken the Dodd-Frank Act and would free dozens of financial institutions from the strictest rules put in place by regulators after the crisis, according to The Washington Post.

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Dear Employer, You Could Owe the IRS Millions of Dollars

Dear Employer, You Could Owe the IRS Millions of Dollars

News
Some practitioners expect Industries like trucking, restaurant, and staffing to see a high proportion of the demands from the IRS, according to Bloomberg.

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Antitrust Litigation: How an Amicus Brief Can Win an Appeal

Insight
A group of 36 economists affiliated with top universities across the country filed an amicus brief explaining that the lower court used a faulty economic theory when it ruled against the FTC.

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FERC has Options if Court of Appeals Shuts Down Operating Interstate Pipeline

FERC has Options if Court of Appeals Shuts Down Operating Interstate Pipeline

Insight
A Pierce Atwood article discusses a ruling that raises the possibility that a court will vacate certificates of public convenience and necessity authorizing the construction and operation of some functioning gas pipelines.

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Trust Helps Preserve Privacy Coveted by Author Harper Lee

News
Privacy concerns are among several factors that have increased the use of trusts as a mechanism to transfer property at death, says Dallas estate planning attorney Sam Long.

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Conflict of Interest Causes NLRB to Vacate Pro-Corporation Ruling

Conflict of Interest Causes NLRB to Vacate Pro-Corporation Ruling

News
The NLRB threw out its most important ruling of 2017 — a 3-2 victory for major U.S. corporations — following an internal agency report that found that a potential conflict-of-interest had tainted the vote.

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U.S. Supreme Court Wrestles With Microsoft Data Privacy Fight

U.S. Supreme Court Wrestles With Microsoft Data Privacy Fight

News
The case began when Microsoft balked at handing over a criminal suspect’s emails stored in Microsoft computer servers in Dublin in a drug trafficking case, Reuters reports.

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For the Third Time, Supreme Court to Hear Mandatory Union Dues Arguments

News
The case, appealed by an employee of the state of Illinois, comes after the U.S. Court of Appeals for the 7th Circuit rejected his argument that the agency fee violated his rights under the First Amendment.

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DOJ Warns of Criminal Actions Against Companies with Agreements Not to Poach Competitors’ Employees

News
Any violative anti-poaching policies after October 2016 expose employers to criminal punishment, warn three Seyfarth Shaw lawyers writing for Bloomberg.

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U.S. Bank Cited by Federal Authorities for Lapses on Money Laundering

News
The bank settled the Justice Department charges and cases brought by other regulators by agreeing to pay various fines and penalties totaling $613 million.

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