Government
Narrowing Down Clinton’s Choices For Supreme Court Nominee
News
Empirical SCOTUS takes a look at the leading prospects who may be on the list of possible nominees for a Hillary Clinton selection for the U.S. Supreme Court — assuming she ends up in the White House and Donald Trump doesn’t.
Alabama Supreme Court Justices Recuse Themselves in Roy Moore’s Fight to Return to Office
News
The Alabama Supreme Court will recuse itself from suspended Chief Justice Roy Moore’s appeal of his ethics convictions, and defer to a special court to hear the appeal, according to a report by the Montgomery Advertiser.
Chicago Lawyer Has Filed More Than 900 Qui Tam Actions Against Internet Retailers
News
Attorney Stephen B. Diamond of Chicago has filed at least 911 qui tam actions in Cook County Circuit Court under the Illinois False Claims Act (FCA) and has racked up almost $30 million in settlements over 15 years, a new analysis by Bloomberg BNA reveals.
The Supreme Court Questions Trump and Clinton Haven’t Answered Yet
News
Bloomberg’s Greg Stohr points out that this presidential election marks the first time since 1968 with a Supreme Court seat needing to be filled. And three current justices are at least 78 years old, so the next president could fill enough vacancies to shape rulings for a generation.
Court Rules CFPB Structure Unconstitutional But Can Continue Operating
News
A federal appeals court has found the structure of the U.S. Consumer Financial Protection Bureau to be unconstitutional but has left the agency in place to “continue to operate and perform its many duties.”
Mylan to Pay $465 Million Over EpiPen Medicaid Rebate Dispute
News
At issue is whether Mylan made more money on EpiPen than warranted from state Medicaid programs by having it classified as a generic product, Reuters is reporting.
Backpage.com CEO, 2 Shareholders Charged in Trafficking Allegations
News
Backpage, the second-largest U.S. online classified ad service after Craigslist, has faced scrutiny from the U.S. Senate as well as civil lawsuits over allegations that the site facilitates sex trafficking, especially of children, reports Dan Levine for Reuters.
Delivery By Drone? Maybe When Pigs Fly, Says FAA
Insight
New regulations permit use of drones for some commercial purposes, but the FAA declined to clear the way for package delivery by drone, according to an article on the Arent Fox’s Behind the Scenes blog.
Payday Loan Mogul Scott Tucker’s $1.3 Billion Judgment is a Record for the FTC
The Federal Trade Commission, in its first public remarks since a federal judge last week entered a $1.3 billion judgment against payday loan businessman Scott Tucker, called the penalty the largest of its kind, reports The Kansas City Star.
Obama Takes Aim at U.S. Corporations Shifting Profit Overseas
News
Reuters is reporting that U.S. regulations, proposed by the Treasury to crack down on companies that try to reduce taxes by rebasing abroad, have begun a White House review and could be finalized shortly.
U.S. Clean Power Plan Remains on Firm Legal Ground Says AWEA
News
While the oral arguments about the merits of the Clean Power Plan are heard by the US Court of Appeals for the D.C. Circuit, the American Wind Energy Association (AWEA) remains confident the plan will be upheld by the courts, reports Renewable Energy Magazine.
OSHA Joins SEC in Attacking Confidentiality in Private Settlement Agreements
Insight
The federal Occupational Safety and Health Administrationreleased new policy guidelines in September for its review of private settlement agreements presented to the agency for approval in whistleblowing actions, reports Littler Mendelson P.C.
Roy Moore, Alabama Chief Justice, Suspended Over Gay Marriage Order
News
The chief justice of the Alabama Supreme Court, Roy S. Moore, was suspended on Friday for the remainder of his term in office for ordering the state’s probate judges to defy federal court orders on same-sex marriage, reports The New York Times.
Florida AG Defends Decision to Take Money From Trump
News
Florida Attorney General Pam Bondi said she had no regrets about asking Donald Trump for money and no regrets about keeping the donation even after New York Attorney General Eric Schneiderman had filed a lawsuit against Trump University, reports the Associated Press.
Deutsche Bank Rebuffs $14 Billion Settlement Demand in U.S. Mortgage Probe
News
Deutsche Bank AB is saying it has no intention of paying the U.S. Justice Department’s demand of $14 billion to settle high-profile probes into its packaging of mortgages in the run-up to the financial crisis, reports MarketWatch.
House Democrats Ask for Justice Investigation as New York AG Looks Into Trump Foundation
News
The committee’s Democrats allege that the donation in 2013 “may have influenced Mrs. Bondi’s official decision not to participate in litigation against Mr. Trump,” and asks Attorney General Loretta E. Lynch to explore whether federal bribery or other laws might have been violated
SEC Takes Aim at GC for Response to DOJ Investigation
News
The Securities and Exchange Commission has filed civil fraud charges against the general counsel of Ohio-based chemical company RPM for allegedly mishandling the response to a U.S. Department of Justice investigation, Bloomberg Law reports.
What Clinton Won’t Say: Whether Garland Is Her High Court Pick
News
The Democratic presidential candidate has studiously avoided saying whether she would renominate Garland for the vacancy if it is still pending next year, writes Bloomberg’s Greg Stohr.
Reviewing Third-Party Vendor Service Contracts, a Seven-Part Guide
Insight
Vendor contracts come in many different shapes and sizes and may affect everything from back office processing, internet delivery systems, use of the “cloud” to the people watering the plants at the branch, writes Jerry Blanchard of Bryan Cave LLP.
SEC Continues to Limit Language in Employment-Related Contracts
Insight
The SEC has rejected language in severance agreements requiring employees to waive rights to receive additional monetary recovery, particularly awards for providing information to government enforcement agencies, reports Ogletree, Deakins, Nash, Smoak & Stewart.