 | Silicon Valley patent lawyers fret over implications of US Supreme Court agriculture case Washington, DC Litigation & Dispute Resolution partner Andy Pincus is quoted in an article discussing how a US Supreme Court case that will decide whether Monsanto Co. has the right to assert its patents after the first sale could have an impact on the software industry. Read >>
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 | Arbitration case this term could lead to broadest ruling against class actions Washington, DC Litigation & Dispute Resolution partner Andy Pincus is quoted in an article discussing the arbitration case in the US Supreme Court, American Express Co. v. Italian Colors Restaurant. Read >>
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 | Top Appellate Reversals -- Mazza v. American Honda Motor Co. Litigation & Dispute Resolution partner Don Falk (Palo Alto) is quoted extensively in an article profiling his representation of Honda in Mazza v. American Honda Motor Co., which the publication selected for inclusion in its Top Verdicts of 2012 series in the Top Appellate Reversals category. Read >>
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 | Drought Stokes Water Fights Environmental partner Tim Bishop (Chicago) is quoted on the state of Texas' battles in the US Supreme Court with Oklahoma and New Mexico over river water rights as it tries to secure more water for its growing population. Read >>
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 | Beating Plowshares into Swords In an opinion piece, Litigation & Dispute Resolution counsel Richard Katskee (Washington, DC) says that organizations that voluntarily seek public money to administer federal programs should once again be held to the same nondiscrimination standards as the government. Read >>
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 | It May Float, but a Home Isn’t a Boat, Justices Rule Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) is quoted in an article reporting on the US Supreme Court's decision that ruled a floating home is not a vessel to be regulated under federal admiralty law. Read >>
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 | A 'can-do' attitude During his 22 years as clerk of the U.S. Supreme Court, William Suter has always been more than just a clerk in the bureaucratic sense. Read >>
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 | Already loses case to invalidate Nike's trademark Litigation & Dispute Resolution partner Don Falk (Palo Alto) is quoted on The Supreme Court’s ruling in favor of Nike in Already LLC v. Nike Inc. Read >>
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 | In win for Nike, court finds covenant made trademark litigation moot The High Court on Jan. 9 supported efforts by Nike Inc. to rid itself of a rival's trademark suit by promising not to pursue its own lawsuit against the competitor, Already LLC. Read >>
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 | High Court Nike Ruling Lets IP Owners Skirt Invalidity Claims Litigation & Dispute Resolution partner Don Falk (Palo Alto) is quoted on the Supreme Court’s ruling in favor of Nike in Already LLC v. Nike Inc. Read >>
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 | Brief of the Week: Star advocates face off in high-profile adoption case The custody battle over Baby Veronica has been spotlighted on television by the likes of Dr. Phil and Anderson Cooper. Read >>
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 | Another slap down of a state court for not honoring arbitration clauses Outside Oklahoma, an unsigned five-page opinion released by the U.S. Supreme Court on November 26 drew little general attention. Read >>
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 | Obamacare Opponents: Don't Get Hopes Up Over Supreme Court Order To Revisit Case Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) is quoted on the Supreme Court's order to the Fourth Circuit Court of Appeals to take a second look at Liberty University's challenge of the health reform act. Read >>
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 | Summary Judgments for November 6 Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) is quoted in an article reporting that a group of plaintiffs' lawyers are trying to undercut the Supreme Court decision in AT&T Mobility v. Concepcion by launching a new website, ConsumersCount.org, to encourage mass filing of arbitration claims. Read >>
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 | Class-Action Lawyers Face Triple Threat At Supreme Court Litigation & Dispute Resolution partner Dan Himmelfarb (Washington, DC) is quoted extensively on the upcoming Supreme Court docket. Read >>
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 | A term under construction Litigation & Dispute Resolution partner Archis Parasharami (Washington, DC) is quoted on the upcoming Supreme Court docket, discussing class action cases such as Standard Fire Insurance Co. v. Knowles and Comcast Corp. v. Behrend. Read >>
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 | Medtronic Preemption Case Turned Away By Supreme Court Litigation & Dispute Resolution partner Andy Tauber (Washington, DC) is quoted in an article reporting that the Supreme Court declined to take up a challenge to the Fourth Circuit's finding that malfunctioning medical devices are in violation of federal law only if they do not meet performance standards established by the US Food and Drug Administration. Read >>
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 | Supreme Court Faces Weighty Cases and a New Dynamic The article features comments from Litigation & Dispute Resolution partner Lauren Goldman (New York) on the results of the last Supreme Court term. In cases with an individual on one side and business interests on the other, the court ruled for the business side 12 out of 14 times. Read >>
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 | In Kiobel case, a question leads to another argument Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) is quoted on the Supreme Court case, Kiobel v. Royal Dutch Petroleum. Read >>
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 | Supreme Court Preview Litigation & Dispute Resolution partner Dan Himmelfarb featured as lead-off panelist. Read >>
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 | Supreme Court Getting 'Back to Business' in Fall Term, U.S. Chamber Groups Say Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) is quoted on upcoming cases on the Supreme Court’s 2012 docket. Read >>
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 | Clean Water Act cases on docket as justices return Litigation & Dispute Resolution partner Tim Bishop is quoted on the Supreme Court’s review of the 9th Circuit Court of Appeals’ ruling in a Clean Water Act case that concerns whether stormwater that washes off logging roads is subject to permitting. Read >>
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 | Supreme Court Scorecard: Top Firms at the Court The National Law Journal reports that Mayer Brown argued the third most cases (five) before the Supreme Court last term. Read >>
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 | A strong Supreme Court term for business Lost in the glare of the Supreme Court's landmark decisions in June was the fact that the business community did very well last term. Read >>
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 | Get the facts straight in ‘Concepcion’ In a letter to the editor of The National Law Journal, Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) explains why the AT&T v. Concepcion case was “a classic example of misuse of the class action process to try to extort a quick settlement in a meritless case.” Read >>
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 | Analysis: Rivals on left, right battle in Supreme Court Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on Donald Verrilli and Paul Clement squaring off against each other in the recent Supreme Court cases on healthcare and immigration policy. Read >>
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 | Carolyn Osolinik and Evan Tager named to The National Law Journal’s “Champions and Visionaries” 2012 list Mayer Brown, a leading global law firm, announced today that Carolyn Osolinik and Evan Tager were named to The National Law Journal’s Champions and Visionaries 2012 list, which recognizes Washington lawyers for work that has advanced the practice of law. Read >>
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 | Champions & Visionaries: Evan Tager, Mayer Brown Evan Tager has established himself as one of the great marathon runners in the federal appellate system. In AT&T Mobility v. Concepcion, the U.S. Supreme Court ruled in April 2011 that the Federal Arbitration Act pre-empted a California state law prohibiting contracts from disallowing class actions. Read >>
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 | Champions & Visionaries: Carolyn Osolinik, Mayer Brown For Mayer Brown partner Carolyn Osolinik, the upcoming anniversary of the day the Americans With Disabilities Act became law has special significance. Read >>
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 | How The Health Care Ruling Might Affect Civil Rights Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on the Supreme Court's decision to uphold the health care law and how it might impact civil rights. Please click the above link for the text of the story; Mr. Pincus' radio commentary can be heard at the 3-minute mark of the segment. Read >>
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 | The Medicaid ruling's ripple effect Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on the Supreme Court's health care ruling and its potential to set up a series of legal showdowns between states and the federal government over billions of dollars in federal grants. Read >>
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 | Analysis: Legal eagles redefine healthcare winners, losers Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on the Commerce Clause issue of the Supreme Court’s ruling to uphold President Barack Obama’s health care overhaul. Read >>
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 | For Pincus, tax issue was always at center of health care case The Supreme Court's "taxing power" rationale for upholding the individual mandate of the Affordable Case Act June 28 surprised many – but not Mayer Brown partner Andrew Pincus. He had been making the case for that reasoning since last year, when he began filing briefs on the issue on behalf of several law professors. Read >>
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 | In health care and immigration cases, vindication for Verrilli Toward the end of his much-criticized oral argument over the health care individual mandate on March 27, Solicitor General Donald Verrilli Jr. made a spirited pitch for a little-noticed argument in favor of the law. He said the insurance requirement could be justified under the enumerated power of Congress to "lay and collect taxes." Read >> Reprinted with permission from the June 28, 2012 edition of National Law Journal © 2012 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Inside the Obamacare Ruling: How Roberts Got A Majority Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on the Supreme Court’s ruling to uphold President Barack Obama’s health care overhaul. Read >>
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 | SCOTUS: What Congress can't regulate, it can tax Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted extensively on the Supreme Court’s ruling to uphold President Barack Obama’s health care overhaul. Read >>
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 | Supreme Court Dismisses Case that Could Have Affected Consumer Class Actions Litigation & Dispute Resolution partner Don Falk (Palo Alto) quoted on a Supreme Court case involving the right to sue for statutory injuries. Read >>
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 | John Roberts' health care vote scrutinized Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on the Supreme Court’s ruling to uphold President Barack Obama’s health care overhaul. Read >>
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 | 6 cases and litigation trends affecting in-house counsel Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on his successful representation of AT&T in AT&T Mobility v. Concepcion. Read >>
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 | A viewer's guide to the SCOTUS health care ruling Litigation & Dispute Resolution special counsel Charles Rothfeld quoted on the possibility that the Supreme Court could send the decision on President Barack Obama’s health care overhaul back to the lower courts. Read >>
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 | Arizona v. United States Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) interviewed on the Supreme Court's ruling on Arizona's controversial immigration law. Read >>
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 | Supreme Court could rule for both sides on healthcare, immigration Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on the potential for the Supreme Court to uphold the constitutionality of President Barack Obama’s health care overhaul on the grounds that it is a tax law. Read >>
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 | Supreme Court Takes Fines Away From Judges In Southern Union Case Article features extensive commentary from Litigation & Dispute Resolution partner Dan Himmelfarb (Washington, DC) regarding the Supreme Court's decision in Southern Union v. US. Read >>
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 | Arbitration After AT&T Mobility v. Concepcion: Judicial, Regulatory and Strategic Legal Responses To High Court’s 2011 Ruling Litigation & Dispute Resolution partners Andy Pincus and Evan Tager (Washington, DC) featured in a discussion on the impact of AT&T Mobility v. Concepcion. Read >>
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 | 2012 Appellate Hot List: Mayer Brown brought the revolution All U.S. Supreme Court victories are big events, but one that revolutionizes consumer class action law? Call it the capstone to an already big year for Chicago-based Mayer Brown. Read >>
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 | US Supreme Court Issues Opinion in Christopher v. Smithkline Beecham Corp. The outside-sales exemption of the Fair Labor Standards Act (“FLSA”) provides that an individual who is employed “in the capacity of outside salesman” is not entitled to overtime pay. See 29 U.S.C. § 207(a)(1); 29 U.S.C. § 213(a)(1). Read >>
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 | High Court's Amgen Ruling Could Stymie Securities Classes Chicago Litigation & Dispute Resolution partner Joshua Yount quoted on the Supreme Court’s decision to hear Amgen Inc.’s appeal of a recent Ninth Circuit ruling. Read >>
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 | US Supreme Court Grants Certiorari in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds To obtain class certification in an action alleging a misrepresentation in violation of Section 10(b) of the Securities and Exchange Act, 15 U.S.C. § 78j(b), a plaintiff must show that reliance on the alleged misrepresentation is common to the class. Read >>
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 | Voting-Rights Surprise at High Court May Foreshadow Health Care Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on speculation over how the Supreme Court will rule in its review of President Barack Obama’s health care overhaul. Read >>
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 | Chambers USA 2012 ranks 124 Mayer Brown lawyers and ranks practices in 54 nationwide and state categories Mayer Brown, a leading global law firm, announced today that the 2012 edition of Chambers USA: America’s Leading Lawyers for Business ranked 124 of its lawyers, with 149 total rankings, in 51 nationwide and/or state practice categories. Of these, 38 rankings are top-band or higher rankings in 25 nationwide and/or state categories. Read >>
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 | California Appellate Court Issues Major Decision on Enforceability of Arbitration Agreements in Employment Context The California Court of Appeals has issued a decision in a putative class action that roundly rejects virtually every argument used by the California plaintiffs bar to circumvent the US Supreme Court’s decision in AT&T Mobility LLC v. Concepcion. Read >>
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 | Legal 500 US ranks Mayer Brown in 32 categories, lists six practices in top tier and cites 16 “Leading Lawyers” Mayer Brown, a leading global law firm, announced today that the 2012 edition of Legal 500 United States ranked the firm’s practices in 32 categories, including top-tier rankings in six categories Read >>
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 | A return ticket to SCOTUS? The 2nd Circuit declines to rehear AmEx decision Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) quoted on the 2nd US Circuit Court of Appeals' refusal to rehear en banc a panel decision over the enforceability of American Express's arbitration clause. Read >>
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 | Enforceability of Arbitration Agreement in Antitrust Context Sharply Divides Second Circuit Last Term, the US Supreme Court held in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), that the Federal Arbitration Act (FAA) prohibits states from conditioning enforceability of arbitration agreements on the availability of class-wide arbitration. Read >>
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 | US Supreme Court Grants Certiorari in Marx v. General Revenue Corp. Federal Rule of Civil Procedure 54(d)(1) states that, “[u]nless a federal statute . . . provides otherwise, costs—other than attorney’s fees—should be allowed to the prevailing party.” Read >>
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 | 'Concepcion,' one year later Bylined article by Washington, DC Litigation & Dispute Resolution partner Andy Pincus discusses the impact of AT&T Mobility v. Concepcion one year after his successful representation of AT&T in the case. Read >>
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 | Depends on how you define access Article quotes Litigation & Dispute Resolution partner Andy Pincus’ bylined article in the New York Times DealBook that discusses the impact of AT&T Mobility v. Concepcion one year after his successful representation of AT&T in the case. Read >>
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 | The Advantages of Arbitration Bylined article by Washington, DC Litigation partner Andy Pincus discusses the impact of AT&T Mobility v. Concepcion one year after his successful representation of AT&T in the case. Read >>
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 | US Supreme Court Issues Opinion in Kappos v. Hyatt When the United States Patent and Trademark Office (“PTO”) denies an application for a patent, the applicant may seek judicial relief in two different ways. Read >>
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 | US Supreme Court Grants Certiorari in Kirtsaeng v. Wiley & Sons, Inc. Under the Copyright Act’s first sale doctrine, codified at 17 U.S.C. § 109(a), “the owner of a particular copy . . . lawfully made under this title” may sell or otherwise transfer ownership of that copy without the authorization of the copyright owner. Read >>
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| Supreme Court justices challenge President Obama's insurance mandate Washington, DC Litigation partner Andy Pincus interviewed on Reuters TV’s “Decoder” segment where he discussed the opening oral arguments in the Supreme Court’s review of Barack Obama’s health care overhaul. Read >>
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| Supreme Court showdown over healthcare Washington, DC Litigation partner Andy Pincus interviewed on MSNBC where he discussed the Supreme Court’s review of Barack Obama’s health care overhaul. Read >>
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 | LITIGATIONWeek: This Week in California Litigation California’s impact on national and even global business reaches far beyond its state line. Whether you are based in California, have operations here or do business in the state, regulatory and judicial decisions made here can affect your business significantly. Read >>
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 | Health Care Law Oral Argument Preview Attorneys Andrew Pincus and Ilya Somin previewed the Supreme Court oral argument on the constitutionality of the 2010 health care law. Read >>
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 | Constitutionality of the Health Care Reform Law Two of the nation’s top Supreme Court litigators, Charles Rothfeld, a Mayer Brown attorney and director of the Yale Law School Supreme Court Clinic, and Neal Katyal, former Acting Solicitor General in the Obama Administration, will go head-to-head during the National Constitution Center’s moot court based on the upcoming Supreme Court case Department of Health and Human Services v. Florida, for which oral arguments will be heard on March 26-28, 2012. Read >>
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 | Concepcion and the Arbitration of Federal Claims Bylined article by Litigation & Dispute Resolution partner Andy Pincus (Washington, DC) discusses AT&T Mobility LLC v. Concepcion. Read >>
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 | Section 1782 Discovery: A Back Door for Foreign Litigants Read >>
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 | The American Lawyer Litigation Department of the Year Mayer Brown is proud to announce that we have been named by The American Lawyer as one of the top six US litigation firms in its 2012 Litigation Department of the Year report. The American Lawyer focused on the significance of our victories over the past couple of years (in terms of their financial and reputational stakes, and their impact on the legal and business landscapes), the breadth of our coverage, the creativity of our litigation strategies, and our inventive advocacy. Read >>
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 | The American Lawyer Litigation Department of the Year 2012 Finalist How do you identify the best of the best when it comes to
litigation? If you are The American Lawyer, the leading source
of news for the legal industry in the United States, you hold
a biennial competition and invite the firms that comprise
The Am Law 200 to report on their litigation activities over
a 19-month period. Then, after examining the submissions
to pick the strongest performers, you interview clients and
opposing counsel to narrow the field even further. Finally,
you invite a select few for face-to-face interviews to be
certain that you have found the cream of the crop.
After a vigorous, multi-month process, Mayer Brown
is proud to announce that we have been named by The
American Lawyer as one of the top six US litigation firms
in their 2012 Litigation Department of the Year report.
Our submission highlighted the significance of our
victories (in terms of their financial and reputational
stakes, and their impact on the legal and business
landscapes), the breadth of our coverage, the creativity
of our litigation strategies, and our inventive advocacy. Read >>
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 | Mayer Brown a Law360 “Practice Group of the Year”
in Appellate, Class Action and Environmental categories Mayer Brown, a leading global law firm, has been named by the online legal publication Law360 as a “Practice Group of the Year” for 2011 in the Appellate, Class Action and Environmental categories. Read >>
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 | 4th Circ. Tosses Suit Over FDA-Approved Medtronic Device Law360 discusses Walker v. Medtronic, a case successfully argued by Washington, DC appellate partner Andrew Tauber. Read >>
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 | Supreme Court says police need warrant for GPS tracking Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in U.S v. Jones that police must obtain a warrant from a judge before placing a GPS tracking device on a vehicle. Read >>
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 | Mayer Brown Partner Tim Bishop Quoted In Editorial Chicago-based partner Tim Bishop, who represents the petitioners in Georgia Pacific West v. Northwest Environmental Defense Center, which is currently pending before the U.S. Supreme Court, was quoted in an editorial discussing the case. Read >>
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 | Scalia Finds 18th-Century Precedent For GPS Search Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in U.S v. Jones that police must obtain a warrant from a judge before placing a GPS tracking device on a vehicle. Read >>
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 | Warrant needed for GPS tracking, high court says Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in U.S v. Jones that police must obtain a warrant from a judge before placing a GPS tracking device on a vehicle.
Article appeared in more than 250 outlets. Read >>
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 | High Court: Warrant Needed For GPS Tracking Device Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in U.S v. Jones that police must obtain a warrant from a judge before placing a GPS tracking device on a vehicle. Read >>
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 | Police violated 4th Amendment with GPS tracking, Court rules Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in U.S v. Jones that police must obtain a warrant from a judge before placing a GPS tracking device on a vehicle.
Article also appeared in The New York Law Journal and The Legal Intelligencer. Read >> Reprinted with permission from the January 23, 2012 edition of The National Law Journal © 2012 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Supreme Court: Warrants needed in GPS tracking Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in U.S v. Jones that police must obtain a warrant from a judge before placing a GPS tracking device on a vehicle. Read >>
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 | Supreme Court GPS Tracking Decision: Does It Prevent Warrantless Long-Term Surveillance? Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in U.S v. Jones that police must obtain a warrant from a judge before placing a GPS tracking device on a vehicle. Read >>
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 | Ninth Circuit Decertifies Nationwide Class in Honda Braking System Suit On January 12, 2012, the United States Court of Appeals for the Ninth Circuit decertified a nationwide class in Mazza v. American Honda Motor Co., No. 09-55376, --- F.3d ---, 2012 WL 89176. Although the only named plaintiffs came from Florida and Maryland, they filed suit in California seeking to represent all persons nationwide who had purchased or leased new or used certain model-year Acura RL vehicles equipped with a Collision Mitigation Braking System (CMBS). Read >>
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 | Appellate Group Of The Year: Mayer Brown Mayer Brown is profiled as one of the Law360’s “Appellate Groups of 2011.” Read >>
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 | Appellate Lawyer of the Week: Charles Rothfeld Washington, DC Litigation special counsel Charles Rothfeld named as The National Law Journal’s “Appellate Lawyer of the Week”. Read >> Reprinted with permission from the January 4, 2012 edition of The National Law Journal © 2012 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Retractable Technologies, Inc. v. Becton, Dickinson & Co.: The Federal Circuit’s Debate over Claim Construction Methodology and Deference Rages On This article first appeared in a slightly different form in NYIPLA Bulletin October/November 2011. Read >>
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 | Sixth Circuit Rejects Brand-Liability Theory Post-Pliva v. Mensing On September 22, 2011, the US Court of Appeals for the Sixth Circuit ruled in Smith v. Wyeth, Inc., that former brand manufacturers of Reglan® (a prescription drug used to treat certain gastric disorders) could not be held liable for injuries caused by their competitors’ generic versions of the drug. On November 22, 2011, the court denied plaintiffs’ petition for rehearing en banc. Read >>
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 | US Reps. Slam DOMA In 1st Circ. Same-Sex Benefits Fight Washington, DC Litigation partner Miriam Nemetz and associates Kathleen Dawe and Michael Kimberly mentioned as representing members of Congress in a challenge of the Defense of Marriage Act. Read >>
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 | Marathon Arguments Hark Back to Daniel Webster Days Chicago Litigation partner Stephen Shapiro quoted on the Supreme Court calling for 5½ hours of oral arguments over healthcare law. Subscription required. Read >>
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 | Five Things to Know About the Supreme Court and Health Care Reform Act Washington DC Special Counsel Charles Rothfeld quoted on the Supreme Court’s examination of the Affordable Care Act. Read >>
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 | Mayer Brown partner Archis A. Parasharami named to
The National Law Journal’s “Minority 40 Under 40” Mayer Brown, a leading global law firm, announced today that Archis A. Parasharami, a partner in the firm’s Washington, DC Litigation & Dispute Resolution practice, was selected to The National Law Journal’s “Minority 40 Under 40,” which honors diverse attorneys who have wielded national influence in their practice areas. Read >>
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 | Minority 40 Under 40: Archis Parasharami Washington, DC Litigation partner Archis Parasharami profiled for his selection to The National Law Journal’s “Minority 40 Under 40” list. Article also quotes Washington, DC Litigation partner Evan Tager. Read >> Reprinted with permission from the October 31, 2011 edition of National Law Journal © 2011 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Mayer Brown Highlights Key Business Cases
in Upcoming Supreme Court Term As the Supreme Court prepares to begin its next term on Monday, October 3, 2011, Mayer Brown’s Supreme Court & Appellate Practice Group – the largest and most experienced group of appellate litigators in the country – has identified the most important business cases on the Court’s docket. Read >>
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 | Just how pro-business is the Roberts Court? New York Litigation partner Lauren Goldman quoted on the Supreme Court’s rulings in the most recent term. Subscription required. Read >>
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 | High Court Clarifies Tort Law But Skirts Broad Claims Washington, DC litigation partner Andrew Tauber quoted on the Supreme Court’s recent preemption decisions in product liability cases. Read >>
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 | From high court to heavyweights, highlights of the 2010 term Washington, DC Litigation partner Andrew Tauber quoted in an article on highlights of the 2010 Supreme Court term where he discussed Williamson v. Mazda Motor and Pliva v. Mensing. Read >> Reprinted with permission from the June 29, 2011 edition of National Law Journal © 2011 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Mayer Brown Wins $900 Million New York Appellate Ruling for Carlos Slim and América Móvil Palo Alto Litigation partner Donald Falk quoted on The New York Court of Appeals’ ruling in favor of America Movil in Centro Empresarial Cempresa S.A. v. America Movil. Read >> Reprinted with permission from the June 9, 2011 edition of AmLaw Litigation Daily © 2011 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Appellate Lawyer of the Week: Andrew Pincus Washington, DC Litigation partner Andy Pincus named as The National Law Journal’s Appellate Lawyer of the Week. Read >> Reprinted with permission from the May 11, 2011 edition of The National Law Journal © 2011 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Seminar: Appellate Advocacy 2011
New York, NY PLI’s Appellate Advocacy 2011 program, chaired by Mayer Brown’s David Gossett and also including Lauren Goldman among the faculty, will give insight into effective appellate advocacy. Attendees will learn about aspects of the appellate process, from things to do (and not to do) in the trial court, to strategies and techniques for persuasive brief writing and oral argument, to how and when to seek amicus support, to the rehearing and certiorari processes. Attendees will also hear the “view from the bench” - what judges find persuasive and effective. Read >>
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 | American Lawyer Litigator of the Week: Andrew Pincus of Mayer Brown Washington, DC Litigation partner Andy Pincus named American Lawyer’s Litigator of the Week after he represented AT&T in a Supreme Court victory in AT&T Mobility v. Concepcion. Read >> Reprinted with permission from the April 28, 2011 edition of AmLaw Litigation Daily © 2011 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Mayer Brown Wins Blockbuster 5-4 Ruling From Supreme Court Permitting Bans on Class Arbitration Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in favor of AT&T in AT&T Mobility v. Concepcion. Article also notes that Andy represented AT&T in the case. Read >> Reprinted with permission from the April 27, 2011 edition of AmLaw Litigation Daily © 2011 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Supreme Court Deals Potentially Fatal Blow to Class Action Arbitrations Washington, DC Litigation partner Andy Pincus quoted on the Supreme Court’s ruling in favor of AT&T in AT&T Mobility v. Concepcion. Article also notes that Andy represented AT&T in the case.Article also appeared in Corporate Counsel, The Recorder and New York Law Journal. Subscription required. Read >>
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 | 2011 Appellate Hot List Mayer Brown named to National Law Journal's Appellate Hot List for fourth consecutive year. Read >> Reprinted with permission from the April 18, 2011 edition of National Law Journal © 2011 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | High Court Greenlights Suit Against Pharma Chicago Litigation partner Josh Yount quoted on a Supreme Court ruling that drug companies must disclose adverse reports if they could affect the company’s share price. Subscription required. Read >>
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 | In her first opinion, Kagan covers the bases Chicago Litigation partner Josh Yount quoted on US Supreme Court Justice Elena Kagan’s first issued opinion. Subscription required. Read >>
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 | Observers See ‘Big Term’ Ahead for Class Action Litigation Washington, DC Litigation partner Archis Parasharami quoted on the increase in class action litigation on the Supreme Court docket. Subscription required. Read >>
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 | Big term for class actions Washington, DC Litigation partner Archis Parasharami quoted on the increase in class action litigation on the Supreme Court docket. Read >>
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 | LITIGATIONWeek: This Week in California Litigation California’s impact on national and even global business reaches far beyond its state line. Whether you are based in California, have operations here or do business in the state, regulatory and judicial decisions made here can affect your business significantly. With offices in both northern and southern California, Mayer Brown is well-situated to see the trends and understand the implications of such decisions Read >>
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 | Big petitions on tap at Court's next conference Chicago Litigation partner Tim Bishop quoted in an article regarding notable petitions the Supreme Court plans to discuss during a Nov. 23 private conference. Subscription required. Read >>
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 | Justices’ Comments Offer Hope for Class Action Litigators Washington, DC Litigation partner Andy Pincus quoted on behalf of AT&T in Supreme Court case AT&T Mobility v. Concepcion. Subscription required. Read >>
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 | High Court Weighs Class Action Bans In Arbitration Washington, DC Litigation partner Andy Pincus mentioned as counsel for AT&T in Supreme Court case AT&T Mobility v. Concepcion Read >>
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 | Delaware Supreme Court Upholds Poison Pill in Versata Bylined article by Chicago Corporate & Securities partner Scott Davis discusses the Delaware Supreme Court’s decision to uphold a shareholder rights plan, or “poison pill,” in Versata Enterprises Inc. v. Selectica, Inc. Read >>
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 | Supreme Court term has free-speech and immigration cases New York Litigation partner Lauren Goldman quoted in an article discussing the scheduled cases for the 2010-2011 Supreme Court term. Read >>
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 | CAFA Jurisdiction Ruling Shakes Class Action Bar Washington, DC Litigation partner Archis Parasharami quoted in an article discussing the 11th Circuit ruling that it lacked jurisdiction to hear Cappuccitti v. DirecTV, Inc. Read >>
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 | The Ultimate Power Hobby: Bankers, Lawyers, Executives Jockey to Teach a University Class, Play Professor
Washington, DC Litigation partner Andy Pincus quoted in an article discussing how adjunct-professorship at prestigious universities is a coveted token of success among finance, law and media professionals. Subscription required.
The news also ran in the following related articles:
• Want to Adjunct at a Fancy Law School? Get in Line, The Wall Street Journal Law Blog, September 30, 2010
• Adjunct Law Prof: A Low-Paying Job, If You Can Get It, ABA Journal, September 30, 2010 Read >>
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 | Your Early Guide to the Big Business Cases of the High Court Term New York Litigation partner Lauren Goldman provides extensive commentary in a post discussing the Supreme Court’s 2010-2011 term. Read >>
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 | Navigating the Shadowy Borderland Between Contract and Tort Bylined article by New York litigators Matthew Ingber and Christopher Houpt discusses the interpretations and accurate definitions of a tort, and provide defense and plaintiffs’ counsel with tips for framing the issues. Subscription required. Read >>
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 | 170 Mayer Brown partners listed in Best Lawyers in America 2011 Mayer Brown, a leading global law firm, announced that 170 of its lawyers are listed in the 2011 edition of “Best Lawyers in America.” Read >>
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 | How pro-business has the Court really been? Mayer Brown Supreme Court & Appellate practice partner Lauren Goldman quoted extensively in an article about the Supreme Court and its business cases docket. Read >>
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 | 7th Circ. Nixes $2M Award For Alliance In Contract Suit Mayer Brown appellate win in the Seventh Circuit is covered in this article. Mayer Brown Supreme Court & Appellate practice partner Jeff Sarles, who led the trial team, is quoted in the piece.
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 | House OKs narrow bill on animal cruelty Mayer Brown Supreme Court & Appellate practice partner Andrew Tauber quoted on the constitutionality of a new animal cruelty law. Read >>
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 | Legal 500 US ranks Mayer Brown in 22 categories, lists 4 practices in top tier and cites 16 “Leading Lawyers” Mayer Brown LLP, a leading global law firm, announced today that the 2010 edition of Legal 500 United States ranks the firm’s practices in 22 categories, including top-tier rankings in four categories: Litigation – Supreme Court & Appellate; Tax, Domestic – Central; Tax Controversy; and Technology – Outsourcing. The publication also lists 16 Mayer Brown partners as “Leading Lawyers” in their practice categories. Read >>
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 | Business Wins, Loses at US Supreme Court This Term Mayer Brown Supreme Court partner Andy Pincus quoted on the pro-business perception of the Supreme Court. Subscription required. Read >>
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 | By Invitation Only Mayer Brown Supreme Court partner Archis Parasharami quoted on a SCOTUS decision that class arbitration may not be imposed on parties who have not agreed to it. Read >>
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 | Summary rulings spike at the high court Mayer Brown Supreme Court partners Steve Shapiro and Tim Bishop are quoted about the trend of the Supreme Court issuing summary decisions in cases that have not been argued or fully briefed. Read >>
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 | Bilski v. Kappos Decided by the United States Supreme Court Gary Hnath offer analysis of the Supreme Court decision in Bilski v. Kappos. Read >>
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 | The Supreme Court Keeps Business-Method Patents Alive Andy Pincus quoted on the Bilski SCOTUS decision’s impact on business method patents. Read >>
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 | Justices limit reach of fraud statutes Mayer Brown Supreme Court partner Andy Pincus quoted on SCOTUS honest-services fraud decision in Skilling v. U.S. Read >>
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 | High Court Ruling Won't Upend SOX Oversight Board Mayer Brown Supreme Court & Appellate practice partner David Gossett quoted on SCOTUS decision regarding SOX oversight. Read >>
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 | US Senate set to begin Kagan court confirmation hearing Supreme Court partner Andy Pincus is quoted about the Kagan confirmation hearings. Read >>
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 | “Star of Supreme Court Bar” will direct investigative panel Mayer Brown Supreme Court partnerTim Bishop quoted on Richard Lazurus’ appointment to oversee the commission charged with investigating the Gulf of Mexico oil spill. Subscription required Read >>
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 | Landmark Supreme Court Decision Could Free Jeffrey Skilling, Conrad Black and Others Mayer Brown Supreme Court partner Andy Pincus quoted on the SCOTUS decision to vacate part of Jeffrey Skilling’s conviction saying the government stretched an anti-fraud law too far in his prosecution. Read >>
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 | High Court Ruling Sheds Light On Role Of Arbitration Mayer Brown Supreme Court partner Archis Parasharami quoted on a SCOTUS decision clarifying the Court’s stance on arbitration jurisdiction. Read >>
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 | Supremes Smell a Live Issue in Zicam Case Dan Himmelfarb quoted on a Supreme Court case involving how much a company must disclose to investors. Read >>
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 | Friends, Past Opponents Hint At Kagan's Judicial Style Andy Pincus quoted on Solicitor General Elena Kagan being nominated to serve on the Supreme Court. Read >>
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 | High Court Ruling May Fuel Battle Over Class Arbitration Archis Parasharami quoted on the Supreme Court ruling that class arbitration may not be imposed on parties who have not agreed to it. Read >>
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 | Supreme Court Justices Consider Courts' Role in Arbitration Article discusses a US Chamber of Commerce brief written by Donald Falk and cited by US Supreme Court Justice Scalia. Read >>
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 | High court nixes class arbitration in Stolt-Nielsen case Archis Parasharami quoted on the Supreme Court ruling that class arbitration may not be imposed on parties who have not agreed to it. Subscription required. Read >>
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 | High Court Faces Blockbuster Cases as Stevens' Retirement Nears Donald Falk quoted on Rent-A-Center, West v. Jackson. “Unconscionability claims are being increasingly used in court to thwart agreed-upon arbitration procedures where they once were reserved for impositions of outrageous terms,” he said. Read >>
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 | The Daily Rundown David Gossett interviewed on 7th Circuit Judge Diane Wood as a potential candidate to replace US Supreme Court Justice John Paul Stevens. Read >>
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 | Supreme Court overturns law banning depictions of animal cruelty Andrew Tauber quoted on the Supreme Court decision striking down a 1999 federal law banning videos that depict animal cruelty. Read >>
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 | LoL, BTW ... My Boss Is Monitoring Every Text That I Send, ;) Andy Pincus quoted on a case being heard at the Supreme Court dealing with workplace monitoring of electronic and digital communications. Read >>
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 | Oboe-Playing Judicial Artist Diane Wood Eyed for High Court Jeff Sarles quoted on 7th Circuit judge Diane Wood. Read >>
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 | Stevens' Departure Leaves Big Shoes to Fill at High Court Andy Pincus quoted on the announcement of the retirement of US Supreme Court Justice John Paul Stevens. Read >>
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 | Ex-law clerks, attorneys salute Justice Stevens Andy Frey quoted on the announcement of the retirement of US Supreme Court Justice John Paul Stevens. Subscription required. Read >>
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 | Obama’s statement on Stevens Blog post by Andy Pincus discusses US Supreme Court Justice John Paul Stevens. Read >>
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 | Abortion Could Dominate Debate Over Scholarly Judge Jeff Sarles quoted on Judge Diane Wood from the Seventh Circuit as a potential candidate to replace US Supreme Court Justice John Paul Stevens. Read >>
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 | Mayer Brown’s Supreme Court & Appellate Practice Named to National Law Journal’s “Appellate Hot List” Mayer Brown LLP, a leading global law firm, announced that its Supreme Court & Appellate practice has been named as one of the best in the country by a leading legal publication. Read >>
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 | Supreme Court Ruling Opens Federal Courts to More Class Actions Archis Parasharami quoted on the Supreme Court ruling that certain class actions barred or limited by state laws may proceed in federal courts. Read >>
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 | 'Failure to Warn' Claims Against Generic Manufacturers Not Preempted Bylined article by Henninger Bullock and Daniel Ring discusses failure to warn claims. Read >>
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 | Mayer Brown secures high-stakes victory
in the Second Circuit on behalf of Carl Icahn Mayer Brown, a leading global law firm, secured an important victory in the Second Circuit that reinstated a sale order for Carl Icahn in his battle for control of WestPoint Stevens. Read >>
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 | States can’t bar federal class actions: high court Archis Parasharami quoted on the Supreme Court ruling that certain class actions barred or limited by state laws may proceed in federal courts. Subscription required. Read >>
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 | Justices to Consider a Border Battle Over Lawsuits Andy Pincus quoted on “foreign-cubed” securities class action litigation. Read >>
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 | LITIGATIONWeek: This Week in California Litigation California’s impact on national and even global business reaches far beyond its state line. Whether you are based in California, have operations here or do business in the state, regulatory and judicial decisions made here can affect your business significantly. With offices in both northern and southern California, Mayer Brown is well-situated to see the trends and understand the implications of such decisions. Read >>
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 | Supreme Court settles corporate jurisdiction debate Andrew Tauber quoted on the Supreme Court ruling in Hertz Corp. v. Friend. Read >>
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 | Supreme Court simplifies place of business rule Andrew Tauber quoted on the Supreme Court ruling in Hertz Corp. v. Friend. Subscription required. Read >>
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 | Smoker's $300 Million Award to Be Overturned Andy Frey quoted on the 8,000 pending suits against cigarette manufacturers in the state of Florida, saying punitive damages in each case should be capped at a sustainable amount. Read >>
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 | The Importance of Preservation Bylined article by Brandon Baum and Donald Falk discusses the recent decision of the Federal Circuit U.S. Court of Appeals in i4i L.P. v. Microsoft Corp. Read >>
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 | Michigan wants Asian carp case back on Supreme Court’s menu Tim Bishop quoted on a request for the Supreme Court to intervene to keep Asian carp fish out of Lake Michigan. Read >>
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 | Appellate court ruling narrows attorney work product doctrine Bylined article by Richard Ben-Veniste and Dan Himmelfarb discusses the attorney work product doctrine. Read >>
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 | Mayer Brown secures major appellate win for NY real estate developer East River Realty Company, LLC Mayer Brown, a leading global law firm, won a significant victory for East River Realty Company, when the New York Supreme Court, Appellate Division, affirmed a lower court’s ruling in favor of East River in its efforts to enforce an environmental cleanup agreement with the State of New York. Read >>
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 | Rescuing a Rule of Reason Claim by Aggregating the Effects of Noncollusive, Noncoercive Agreements -- A New Litigation Threat For Industry Standard Contracting Practices? United States antitrust law condemns very few types of agreements between businesses outright. That per se status is generally confined to agreements to restrain price or output that are made between participants at the same level of a market—i.e., conspiracies among competitors. Read >>
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 | A street vendor pleads the First Andrew Tauber is representing Frank Enten on a pro bono basis to fight the DC government’s demand that he obtain a vending license and site permit to sell buttons. Read >>
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 | Ken Geller moderated panel discussion on ''The Role of the Solicitor General'' Managing Partner and Washington, DC litigator Ken Geller moderated a panel discussion on “The Role of the Solicitor General” by three former SGs – Paul Clement, Drew Days and Kenneth Starr. Read >>
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 | High Court Limits Disclosure Order Appeals In Mohawk Michael Lackey quoted extensively in a story discussing the U.S. Supreme Court’s ruling that disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine. Subscription required. Read >>
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 | Eight Mayer Brown Partners named to
Washingtonian's Top Lawyers List Eight Mayer Brown partners from six practice groups have been recognized by Washingtonian magazine as Top Lawyers in the Washington, DC area. Read >>
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 | High court justices weigh SOX oversight board fight David Gossett quoted on a case heard at the Supreme Court challenging the constitutionality of the oversight board created by the Sarbanes-Oxley Act of 2002, saying the Supreme Court’s overturning the PCAOB could have a major impact on business, especially if it is overturned retroactively. Read >>
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 | NY court rules class can seek to recover funds in Philippine abuse case Charles Rothfeld quoted on client Philippine National Bank recovering funds for human rights abuses committed by former Philippine President Ferdinand Marcos, saying that the Philippines had treated funds recovered from Marcos-era figures as "belonging generally to the government" and dedicated them to public purposes such as agrarian reform. Read >>
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 | Justices to study patents on business methods Andy Pincus quoted on the Bilski patent case that will be argued at the Supreme Court. Read >>
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 | Can you patent an idea? Andrew Pincus appeared on CNBC's Power Lunch to discuss the Bilski patent case that will be argued at the Supreme Court. Read >>
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 | Mayer Brown Associate Makes Debut Before Supreme Court Steve Sanders, an associate in the Supreme Court & Appellate practice, argued his first case before the Supreme Court on Nov. 4. In Pottawattamie County v. McGhee, Sanders went up against former Solicitor General Paul Clement, who has now argued in front of the Court 51 times. The question presented involves the scope of prosecutorial immunity in section 1983 actions. Read >>
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 | Congress set to take aim at judicial recusals Andy Frey quoted on the Supreme Court ruling in Caperton v. A.T. Massey Coal Co. Read >>
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 | Supreme Court rejects 5th Circuit plea in kidnap case Stephen Shapiro quoted on the Supreme Court rejecting the 5th Circuit’s plea to certify a question regarding the statute of limitations for capital crimes. Read >>
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 | Prosecutors nationwide keep eyes on Bluffs case Steve Sanders quoted on the Pottawattamie case to be heard at the Supreme Court. Read >>
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 | Factors Affecting Rule 23(F) Petitions For Immediate Review of Class Certification Decisions Bylined article by Jeff Sarles and Michael Paik discusses class certification decisions. Read >>
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 | Implications of DTD Enterprises Inc. V. Wells Bylined article by Archis Parasharami and Kevin Ranlett discusses DTD Enterprises Inc. v. Wells. Read >>
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 | Paul Clement, Bush’s former SG, flirts with liberalism Steve Sanders will argue against Paul Clement at the Supreme Court in a case on prosecutorial immunity. Read >>
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 | 5 ways to a winning appellate brief Andrew Frey quoted on writing a good appellate brief. Subscription required. Read >>
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 | Mayer Brown associate heads to the US Supreme Court Mayer Brown associate Steve Sanders will argue his first case, Pottawattamie County v. McGhee, before the U.S. Supreme Court. Read >>
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 | Mayer Brown Partner: Jones V. Harris Could Be Sleeper Case of Supreme Court's New Term Lauren Goldman is featured on American Lawyer magazine’s Web site. In a “Sidebar” video interview, Lauren shares her thoughts about the new Supreme Court term. Read >>
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 | Mayer Brown Partners and Practices
Ranked in Benchmark Litigation 2010 Mayer Brown LLP, a leading global law firm, announced today that the firm is ranked by Benchmark Litigation 2010 in three national practice categories - Antitrust, Appellate, and General Commercial Litigation. In addition, eight attorneys are nationally ranked as “Stars” in their practice area. Read >>
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 | Hypotheticals dominate animal cruelty argument at high court Andrew Tauber quoted on the case argued at the Supreme Court to decide whether a federal law that makes it a crime to depict animal cruelty violates the First Amendment Read >>
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 | Two On A Match Arguing before a federal appellate court is thrilling enough for most attorneys, but the real lucky ones, like Mayer Brown's Jeffrey Sarles, get a double dose of the appellate black-robe treatment in one day. Read >> Reprinted with permission from the October 5, 2009 edition of National Law Journal ¸ 2009 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Making Sausage Andy Pincus quoted on the Consumer Financial Protection Agency and other ideas for consumer protections. Read >>
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 | A Mayer Brown lawyer's busy day Jeff Sarles quoted on arguing two Federal Circuit cases on the same day. Read >>
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 | High Court Justices to Take Up Lawyer Ethics, Errors Article mentions Jeff Sarles’ work on Pottawattamie v. McGhee, a case to be argued before the Supreme Court in which two Iowa prosecutors, who fabricated evidence and used it in the murder trial of two men, seek immunity from a civil rights damages suit by the wrongfully convicted men. Read >>
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 | Corporate Disputes Dominate the Docket as a New Justice Joins the Court Andy Pincus quoted on the Conrad Black case to be argued before the Supreme Court, saying the case could tap into the Court's growing concern over the "huge amounts of unreviewable discretion" given to prosecutors. Read >>
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 | Preview of major business cases in Supreme Court’s 2009-2010 term Andy Pincus participated in a briefing at the US Chamber of Commerce that highlighted some of the most critical decisions looming in the Supreme Court for the business community. Read >>
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 | The cert pool: Sotomayor joins it, lawyers attack it Andy Pincus quoted on the Supreme Court cert pool. Read >>
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 | The Arguments Against Section 48 Mayer Brown partner Andrew Tauber weighs in on one of the most important free-speech Supreme Court cases in years in this editorial in the online version of the Art Newspaper. Read >>
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 | Tip of the Month, August 2009 - Managing Discovery Risks Using Federal Rule of Evidence 502 Scenario: A series of privileged communications between in-house counsel and the board of directors was unintentionally produced to the opposing side during the pre-deposition discovery period in a federal action. During the deposition of one of the board members, the opposing side submits the set of privileged documents as an exhibit. There is no agreement or court order on file in the case dealing with the inadvertent production of privileged documents. Read >>
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 | Guest perspective: Sotomayor stumped only once Review of Sonia Sotomayor’s confirmation hearings by Andy Pincus. Read >>
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 | Turning the tables Jeff Sarles quoted on prosecutorial immunity. Read >> Reprinted with permission from the July 13, 2009 edition of National Law Journal ¸ 2009 Incisive Media Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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| Marketplace Lauren Goldman interviewed on National Public Radio's Marketplace discussing Sonia Sotomayor's confirmation hearings. Read >>
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 | Sotomayor may get hardball questions from her own party Andy Pincus quoted on Sotomayor’s confirmation hearings, saying pre-hearing speculation has focused on the tough questioning that will come from Republicans on a variety of hot-button issues. Read >>
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 | ACS Chicago Lawyer Chapter hosts its Sixth Annual Supreme Court Term in Review On July 9, 2009, an over-capacity crowd of more than 200 attorneys, lawyers, law students and judges attended the Chicago Lawyer Chapter's "Sixth Annual Supreme Court Term in Review." Read >>
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 | Panel examines recent decisions & Sotomayor nomination Dan Himmelfarb discusses the Supreme Court’s recent key rulings, relationship with Congress and the regulatory agencies, and the impact of rulings on confirmation hearings for Justice nominee Sonia Sotomayor in a Washington Legal Foundation panel. Read >>
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 | Andrew Pincus quoted on Ricci decision Andy Pincus was quoted in several outlets on the Supreme Court decision in Ricci v. DeStefano, which declared that white firefighters from New Haven, CT suffered unfair discrimination because of their race. Read >>
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 | Dan Himmelfarb to Speak At WLF Supreme Court Term Review The Washington Legal Foundation (WLF) will hold a media briefing on Tuesday, June 30 at 8:30 a.m. at its M.J. Murdock Center for Free Enterprise in Washington, D.C. The speakers, including Mayer Brown Partner Dan Himmelfarb, will assess rulings that affect the free enterprise system and other key developments from the term. Read >>
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 | Mayer Brown Again Stands Atop Appellate Rankings in Both Chambers USA and Legal 500 US June 16, 2009 - Chambers USA and Legal 500 US have again recognized our Supreme Court & Appellate group's preeminence in the field: for the third year in a row, both Chambers USA and Legal 500 US rank us as a top tier practice, with Chambers noting that our ''heavyweight appellate team…is widely regarded as one of the best in the USA.'' Read >>
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 | Tonnage clause day at the Supreme Court Mayer Brown successfully represented Polar Tankers in a case before the Supreme Court, which sustained a challenge to a property tax imposed on oil tankers by the City of Valdez, Alaska. The Court held, by a vote of 7-2, that the tax violated the federal Constitution's Tonnage Clause. Read >>
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 | Divining the future of appellate law Michele Odorizzi quoted in article discussing appellate law. Read >>
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 | Chambers USA ranks 124 Mayer Brown lawyers; practices ranked in 55 national and state categories Mayer Brown LLP, a leading global law firm, announced today that 124 of its attorneys are ranked in the 2009 edition of Chambers USA: America’s Leading Lawyers for Business, including 32 who achieved top-band ranking or higher in 26 national and/or state categories. Read >>
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 | New York’s Highest Court Limits the Type of Relationship that Can Give Rise to Claims of Breach of Fiduciary Duty, and Clarifies the Pleading Standard Applicable to Fraud and Aiding and Abetting Claims The financial services industry is constantly debating the roles and responsibilities of fiduciaries and how they contrast with those of service providers who are sometimes erroneously construed as fiduciaries. In Eurycleia Partners, LP et al. v. Seward & Kissel, LLP, No.88, 2009 WL 1543689, 2009 N.Y. Slip Op. 04299 (June 4, 2009), New York’s highest court shed light on the type of relationship that can give rise to breach of fiduciary duty claims and clarified the pleading standard applicable to fraud and aiding and abetting claims. Read >>
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 | Legal 500 US ranks Mayer Brown practices in 24 categories, lists 5 practices in top tier and cites 16 "Leading Lawyers" Mayer Brown LLP, a leading global law firm, announced today that the 2009 edition of Legal 500 United States ranks the firm’s practices in 24 categories, including top-tier rankings in five categories. Read >>
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 | Debate on whether female judges decide differently arises anew Miriam Nemetz quoted on the idea that female judges may inherently view the law differently on occasion than male judges. Read >>
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 | US Supreme Court Grants Certiorari in Bilski Under Section 101 of the Patent Act, 35 U.S.C. $101, an ''idea'' is not patentable, but a ''process'' may be. On June 1, 2009, the Supreme Court granted certiorari in Bilski v. Doll, No. 08-964, to decide when a ''process'' is patent-eligible. Read >>
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 | Mayer Brown attorneys quoted regarding Supreme Court nominee Sonia Sotomayor Read >>
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 | A look at how business will fare in the justice sweepstakes Evan Tager quoted on President Obama picking the replacement for Supreme Court Justice Souter. ''We hope that he picks someone in the Souter mould. In business cases, Souter doesn't always vote with business, but he listens and you feel that you get a fair shake,'' he said. Read >>
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 | What will Souter's retirement mean for business? Evan Tager quoted on the effect Supreme Court Justice David Souter's retirement will have on the business community. "Better the devil we know than the devil we don't know. I prefer the status quo to having to worry about whether the next justice will be more consistently anti-business," he said. Read >>
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 | Antitrust's Big Break Andy Pincus quoted on antitrust policy in the Obama administration, saying that sooner rather than later, administration officials should give companies "some understanding to what the rules of the road are." The alternative, he said, is that they'll spend large sums of money on legal advice that doesn't help much. Read >>
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 | How Will Justice Souter's Departure Affect Big Business? Evan Tager interviewed in blog posting on how Supreme Court Justice Souter's replacement might affect the big business court. Read >>
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 | What Souter's Exit Means For Business Evan Tager quoted on how Justice Souter's retirement will affect the big business court. "If it's a dormant commerce clause case and you're a business, you've already lost Thomas' vote and likely won't get Scalia's either," he said. Read >>
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 | High court will jump back into presecutorial immunity, speedy trial issues Jeff Sarles quoted on the US Supreme Court granting cert in a case dealing with prosecutorial immunity. Read >> Reprinted with permission from the April 21, 2009 edition of National Law Journal ¸ 2009 Incisive Media Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Supreme Court & Appellate Practice Named to the National Law Journal's "Appellate Hot List" 6 April 2009 - Mayer Brown LLP, a leading global law firm, is pleased to announce that its Supreme Court & Appellate practice was named as one of the best in the country by a leading legal publication. Read >>
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 | Appellate Hot List Mayer Brown among firms listed to this year's Appellate "Hot List." Read >> Reprinted with permission from the April 6, 2009 edition of National Law Journal ¸ 2009 Incisive Media Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Insight into court's thinking paid off Article quoting Charles Rothfeld on Mayer Brown's representation of the Philippine National Bank and the Philippine government in a dispute for control of millions of dollars stolen by former Philippines President Ferdinand Marcos. Read >> Reprinted with permission from the April 6, 2009 edition of National Law Journal ¸ 2009 Incisive Media Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Supremes: Environmental rules should weigh costs, benefits Tim Bishop quoted on the Supreme Court ruling in Energy v. EPA, saying the ruling is "likely to be highly influential in granting EPA discretion to use cost-benefit analysis more generally." Read >>
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 | Mayer Brown Captures Victory at the Supreme Court in Immigration Law Case The Supreme Court issued its ruling today in Negusie v. Holder (No. 07-499), which presents the question whether an alien compelled by threats of death and serious injury to act as a military guard in a prison where people were being persecuted on the basis of a protected ground is barred from seeking asylum. Together with the Yale Law School Supreme Court Clinic, Mayer Brown provided pro bono representation to the petitioner, Daniel Girmai Negusie, who has applied for asylum. Read >>
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 | Andy Frey argues Caperton v. A.T. Massey Coal Co. before the Supreme Court Andy Frey's argument in Caperton v. A.T. Massey Coal Co., a case questioning the impact large campaign donations should have on judicial recusals, was highlighted in several media articles. For links to the full text articles, please click here. Read >>
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 | Pregaming the Massey Coal Arguments: A Spotlight on the Lawyers The Wall Street Journal Law Blog highlighted the Legal Times' profile of Andy Frey and his upcoming argument in Caperton v. A.T. Massey Coal Co. Read >>
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 | Supreme Court Cheat Sheet Dan Himmelfarb quoted on several Supreme Court cases awaiting decision. Read >>
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 | Mayer Brown's Andrew Frey Takes Unpopular Stance in West Virginia Supreme Court Recusal Case In the litigation world, the pending Supreme Court case of Caperton v. A.T. Massey Coal has generated a tremendous amount of interest--and a hefty number of amicus briefs. Read >>
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 | Mayer Brown partner Charles Rothfeld wins unanimous Supreme Court decision Charles Rothfeld successfully argued Fitzgerald v. Barnstable School District, winning a unanimous ruling in which the U.S. Supreme Court held that victims of gender discrimination in schools receiving federal funds may bring suit both under federal statutory anti-discrimination law and to enforce their constitutional rights. Read >>
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 | SG Pick has One Glaring Gap on Resume Andy Frey quoted on Elena Kagan, the appointee for solicitor general, who has never argued in front of the Supreme Court or any other appellate court. "I don't think it's a major factor... You're immersed in a community that lives and breathes the Supreme Court... She will quickly become an expert," he said. Read >> Legal Times |
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 | Mayer Brown partner Kenneth Geller named "Litigator of the Week" by American Lawyer magazine Among the myriad hot-button issues in American jurisprudence today, federal preemption is at the top of the list. To its critics, it's a license for companies to escape liability for misleading consumers. To its defenders, it's the only sensible way to regulate businesses. Read >> Reprinted with permission from the January 9, 2009 edition of AmLaw Litigation Daily ¸ 2009 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Charles Rothfeld Mentioned in USA Today Article on Advocacy at the Supreme Court 14 December 2008 - USA Today highlighted Charles Rothfeld, who has argued in front of the Supreme Court 23 times, as "part of an emerging elite private-sector group of lawyers who dominate advocacy at the court." Click here to link to the full article. Read >>
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 | Mayer Brown Partners Argue Three Supreme Court Cases in Seven-Day Span Three attorneys from Mayer Brown's Supreme Court & Appellate practice, Stephen Shapiro, Charles Rothfeld and Andrew Pincus, were recently mentioned in several online stories regarding their arguments of Philip Morris USA v. Williams; Fitzgerald v. Barnstable School Committee and Arizona v. Johnson in front of the Supreme Court. Read >>
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 | Mayer Brown LLP and BNA Books Publish Federal Appellate Practice. Over two dozen members of the Supreme Court & Appellate practice worked together to author Federal Appellate Practice, which publisher BNA Books describes as “[a] practical manual on handling federal appellate matters, especially civil appeals and and cases involving review of federal administrative agencies.” The result is a very impressive volume, which practitioners will greatly appreciate. It makes a perfect companion to Supreme Court Practice, also published by BNA Books, for which several partners at the firm have been responsible for many years. Read >>
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 | US Supreme Court Hears Arguments in Drug Preemption Case Andrew Tauber predicts a narrowly written decision that upholds preemption due to the extent of the questioning on such issues as whether a manufacturer must have new information about risks to change a label unilaterally. Read >> Reproduced with permission from Product Safety & Liability Reporter, 36 PSLR 1116 (Nov. 10, 2008). Copyright 2008 by The Bureau of National Affairs, Inc. (800-372-1033) |
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 | Mayer Brown argues Eritrean accused of torture deserves asylum Andy Pincus quoted in article discussing the case he argued at the Supreme Court on whether the US should deny political asylum to a man who, out of fear for his own life, stood by as others were tortured. Read >>
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 | Justices Appear Torn Over Drug Labeling Case Andrew Tauber predicts a narrow ruling that will grant federal pre-emption in cases like the Wyeth case “where there are no allegations that the company withheld information” about potential risks and where the FDA rejected a stronger warning label. Read >>
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 | Many familiar faces to appear before justices Article mentions Mayer Brown’s “strong appellate bench” and lists Andy Pincus, Andrew Frey and Charles Rothfeld as attorneys who will argue in front of the Supreme Court this term. Also mentions the Yale Law School Supreme Court Clinic. Read >> Reprinted with permission from the September 22, 2008 edition of National Law Journal © 2008 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. |
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 | Among business cases, pre-emption looms large Andy Pincus quoted on pre-emption. Read >>
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 | AM Law Daily Quotes Mayer Brown Partner Andy Pincus on Securities Class Action System 24 July 2008 - The AM Law Daily today quoted Mayer Brown partner Andy Pincus in an article discussing the current securities class action system, which has brought in over $17 billion in the past 10 years for Plaintiff's lawyers and continues to gain momentum. Pincus spoke as a panelist at the luncheon, which was cosponsored by the Manhattan Institute for Policy Research and the U.S. Chamber of Commerce's Institute for Legal Reform (ILR). Read >>
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 | Mayer Brown Attorney Discusses Kennedy v. Louisiana on C-SPAN On June 26, 2008, Mayer Brown attorney Kevin Ranlett was featured in C-SPAN's Washington Journal for a full 30-minute segment on the Kennedy v. Louisiana Supreme Court case decided the previous day. He discussed the case as well as an amicus brief filed by Mayer Brown LLP on behalf of the National Association of Social Workers and other victims'-rights groups, which was cited repeatedly in the decision. Read >>
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 | Mayer Brown again stands alone atop appellate rankings in both Chambers USA and Legal 500 United States 17 June 2008 - For a second consecutive year, the Supreme Court & Appellate practice of Mayer Brown LLP, a leading global law firm, is ranked in the top tier of the appellate law category in both Chambers USA and Legal 500 United States, a distinction achieved by no other law firm. Read >>
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 | Legal Times Quotes Mayer Brown Partner Andy Pincus On Supreme Court Patent Case The Legal Times today quoted Mayer Brown partner Andy Pincus quoted in an article discussing the Supreme Court's decision in Quanta Computer, Inc. v. LG Electronics, Inc., which-in a unanimous opinion reversing the Federal Circuit-held that the doctrine of patent exhaustion applies to method patents. Read >>
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 | Supreme Court & Appellate Practice Named to the National Law Journal's "Appellate Hot List" 7 April 2008 - The Supreme Court & Appellate practice of Mayer Brown LLP, a leading global law firm, was listed in the inaugural edition of the National Law Journal's (NLJ) "Appellate Hot List." The NLJ rankings honor law firms that practice "exemplary, cutting-edge appellate advocacy." The NLJ noted in its article that Mayer Brown and other firms chosen deserved "credit for unqualified excellence." Read >>
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 | Mayer Brown Scores Major Victory Mayer Brown LLP, a leading global law firm, scored a major victory in the Appellate Court of Illinois on Monday on behalf of iPCS Wireless, Inc in its high-profile litigation with Sprint. Read >>
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 | Supreme Court Issues Three Preemption Decisions In One Day—And Mayer Brown Is On The Winning Side In Each One 20 February 2008 - The Supreme Court today issued three major decisions relating to the federal preemption of state law, and Mayer Brown lawyers were on the winning side in each case. The three decisions—in Riegel v. Medtronic, Inc. (No. 06-179), in Rowe v. New Hampshire Motor Transport Association (No. 06-457), and in Preston v. Ferrer (No. 06-1463)—directly affect medical device manufacturers, interstate shippers, and all companies that enter arbitration agreements, but are also tremendously important for all businesses that confront state-law requirements in federally regulated areas. The decisions are discussed in more detail after the jump. Read >>
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 | Latest Edition of Supreme Court Practice Published 15 February 2008. The ninth edition of Supreme Court Practice, co-authored by Mayer Brown lawyers Stephen Shapiro, Kenneth Geller, and Timothy Bishop has just been published by BNA Books. Calling it "the unquestioned bible for Supreme Court practitioners," Legal Times covered the publication of the book in a recent article, "Much More Than a Doorstop." The article goes on to say that, the book "is a soup-to-nuts guidebook to everything lawyers need to know about petitioning, briefing, and arguing before the Supreme Court, with insights into the best ways of getting favorable attention from the Court at every stage." Please click here to view the full article or visit the
BNA Books site to purchase a copy of the book. Read >>
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 | Mayer Brown Wins (Yet Another) Supreme Court Victory In Important Securities Case 16 January 2008 - In a case argued by Mayer Brown partner Stephen Shapiro and previously described by the Wall Street Journal as "the biggest securities-litigation court clash in a generation," the Supreme Court yesterday affirmed that third parties who do not themselves mislead investors cannot be held liable for damages under Section 10(b) of the Securities Exchange Act even
if their conduct facilitates the fraud of another. The decision, in Stoneridge Investment Partners v. Scientific-Atlanta, Inc., No. 06-43, is the latest in a long series of Mayer Brown victories for the business community. Last term Mayer Brown represented the prevailing parties in two major antitrust cases, Credit Suisse First Boston v. Billing, 127 S. Ct. 2383 (2007), and Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 127 S. Ct. 1069 (2007), and in Philip Morris USA v. Williams, 127 S. Ct. 1057 (2007), a ruling expected to impose new curbs on the use of punitive damages across the country. Given its significance, yesterday's Stoneridge decision is discussed in many news outlets, including the New York Times, Wall Street Journal, Washington Post,
Los Angeles Times, Forbes, and
Business Week. A summary of the decision is available here. Read >>
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 | Charles Rothfeld Argues in Supreme Court 15 January 2008 - Mayer Brown attorney Charles Rothfeld, a former assistant to the Solicitor General of the United States, who together with Mayer Brown partner Andy Pincus supervises the Yale Law School Supreme Court Clinic, today argued his twenty-first case before the Court. Rothfeld, on behalf of the clinic, represented the respondent in United States v. Rodriquez, No. 06-1646, which presents the question of whether a state drug conviction can serve as a predicate for enhanced sentencing under 18 U.S.C. § 924(e) when the sentence imposed on that conviction satisfied the threshold length set forth in § 924(e) only by virtue of having itself been enhanced under a separate state recidivist statute. The case and the clinic are discussed in a New Haven Register article. Read >>
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 | Mayer Brown Honored in The Washingtonian's 800 Top Lawyers List Three lawyers in Mayer Brown's Washington, DC office--Ken Geller, Andy Pincus, and Evan Tager--were named in the category, "All the Way to the Supreme Court," in The Washingtonian's 800 Top Lawyers list, more than any other firm in that category. The list recognizes Washington's top one percent of lawyers across 28 legal specialties, and as a firm Mayer Brown received a total of fourteen mentions across seven categories. The list is based primarily on peer reviews and recommendations from more than 1,000 attorneys who were asked to name top practitioners in their field and whom they would hire to represent them. Clients, judges and former judges also commented. Read >>
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 | Punitive Damages Expert Evan Tager Quoted Discussing Upcoming Supreme Court Case 5 November 2007 - Mayer Brown partner Evan Tager, a nationally recognized expert on punitive damages, is quoted in the National Law Journal and on Bloomberg.com discussing Exxon Shipping Co. v. Baker, No. 07-219, a case in which the Supreme Court will address the question of punitive damages under federal maritime law. Tager filed a friend-of-the-court brief (available here) on behalf of various industry groups encouraging the Court to review the $2.5
billion punitive award imposed against Exxon. Read >>
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 | Client Alert: Supreme Court Hears Oral Argument in Stoneridge Case to Address "Scheme" Liability Under Section 10(b) In one of the most highly anticipated business cases in years, the Supreme Court heard oral argument on October 9, 2007, in Stoneridge Investment Partners v. Scientific-Atlanta, Inc. Mayer Brown partner Stephen Shapiro argued the case for respondents Scientific-Atlanta, Inc. and Motorola, Inc. Read >>
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 | Mayer Brown partner Stephen Shapiro argued his 27th case before the U.S. Supreme Court Tuesday in Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc. and Motorola, Inc. Mayer Brown partner Stephen Shapiro argued before the U.S. Supreme Court Tuesday in Stoneridge Investment Partners LLC v. Scientific-Atlanta, Inc. and Motorola, Inc., billed by many court-watchers as the business case of the decade. Read >>
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 | Dan Himmelfarb Joins Mayer Brown's Appellate Group in Washington, DC 10 October 2007 - Mayer Brown, a leading international law firm, today announced that Dan Himmelfarb will soon join its leading Supreme Court and Appellate Practice as a partner. Read >>
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| "Mayer Brown day" at the Seventh Circuit 26 September 2007. The strength and breadth of Mayer Brown's Appellate
Practice was on full display today. Firm lawyers from the Chicago and Houston
offices argued four of the six cases heard by the Seventh Circuit today.
Jeff
Sarles argued two separate cases, representing AT&T and Chevy Chase
Bank; associates
Jeff Oldham and
Tom McGrath each argued on behalf of a pro bono
client. Four of the six arguments in one day may be precedent-setting for any
firm in any court of appeals, leading one of the judges to comment, "This must
be Mayer Brown day."
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 | David Gossett quoted in Washington Lawyer about Second Amendment case 2 August 2007 -- Mayer Brown attorneys Andy Frey, David Gossett, and Sam Bray represent the Violence Policy Center, a gun-control advocacy organization, as an amicus curiae assisting the District of Columbia in Parker v. District of Columbia, the ongoing litigation challenging the District's gun-control legislation. David is quoted repeatedly in a lengthy article on the case in this month's issue of the Washington Lawyer. Read >>
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 | National Law Journal Quotes Andy Pincus in Article On Law School Supreme Court Clinics 1 August 2007 - Andy Pincus, the Mayer Brown partner who, together with Charles Rothfeld, co-directs the Yale Law School Supreme Court Advocacy Clinic, is quoted in a National Law Journal article that discusses the Yale clinic and similar clinics at other law schools. Read >>
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 | Mayer, Brown, Rowe & Maw's Supreme Court & Appellate Practice Named Top Appellate Practice in U.S. by Chambers and Legal 500 3 July 2007 -- Mayer, Brown, Rowe & Maw's Supreme Court & Appellate Practice Group has just been listed as the top firm for Supreme Court and appellate work by both Chambers USA: America's Leading Lawyers for Business 2007 and Legal 500 US. Mayer Brown's appellate group stands alone in the top tier in both publications. Read >>
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 | Mayer, Brown, Rowe and Maw Scores Major Supreme Court Victory in Landmark Antitrust Case 19 June 2007 - Mayer, Brown, Rowe & Maw LLP's appellate practice scored a major win for the financial services industry yesterday when the U.S. Supreme Court ruled that several major Wall Street firms are immune from a class-action lawsuit brought under federal antitrust laws, over alleged conduct surrounding initial public offerings during the 1990s. The Court ruled 7-1 that federal securities regulations trump antitrust laws in weighing the activities of the Wall Street firms. (Credit Suisse Securities (USA) LLC, et. al. v. Glen Billing, et. Al. , No. 05-1157) Read >>
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 | David Gossett quoted in Legal Times about new Supreme Court Rules 11 June 2007 -- The Supreme Court recently proposed new rules governing litigation before the Court. David M. Gossett, a partner in Mayer Brown's Supreme Court and Appellate Practice Group, is the primary author of a letter commenting on those proposed amendments, which was submitted on behalf of 41 appellate advocates. The letter is quoted in an article in today's Legal Times. Read >>
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 | Andy Pincus Quoted In Washington Post Commenting On Supreme Court Decision In Sole v. Wyner 5 June 2007 - Andrew J. Pincus, a partner in Mayer Brown's Supreme Court and Appellate Practice Group and co-author of an amicus brief in the case, is quoted in today's Washington Post commenting on the Supreme Court's decision in Sole v. Wyner, in which the Court held that a plaintiff who wins a preliminary injunction but then loses in a decision on the merits that rejects the grounds for granting the preliminary injunction cannot be awarded attorney's fees under Section 1988. Read >>
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 | National Law Journal Quotes Jeff Sarles' Reaction to Solicitor General's Brief in Leclerc v. Webb 5 June 2007 - Mayer, Brown, Rowe & Maw LLP appellate attorney Jeffrey Sarles, who represents the petitioners in Leclerc v. Webb, No. 06-11 (U.S)., is quoted in the National Law Journal reacting to the amicus brief filed by the Solicitor General of the United States in that case. Read >>
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 | USA Today Quotes Andy Pincus on Supreme Court Arguments Mayer, Brown, Rowe & Maw LLP attorney Andrew J. Pincus, who has argued 16 cases in the Supreme Court, is quoted in a USA Today article discussing Chief Justice Roberts, Justice Scalia, and how they conduct oral argument. Read >>
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 | Legal Times Quotes Mayer Brown Attorney on Potential Impact of Supreme Court Case Today's Legal Times quotes Mayer, Brown, Rowe & Maw LLP appellate litigator Andrew J. Pincus on the potential impact of Sole v. Wyner, a case in which the Supreme Court will decide the circumstances under which a plaintiff can recover attorney's fees. Read >>
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 | Stephen Shapiro Argues 25th Case in Supreme Court Mayer, Brown, Rowe & Maw LLP attorney Stephen Shapiro today argued his 25th case in the Supreme Court, Credit Suisse First Boston Ltd. v. Billing, No. 05-1157, in which the Supreme Court will decide whether the SEC's pervasive regulation of securities markets preempts private antitrust claims arising from investment banks' underwriting of initial public offerings (IPOs). Read >>
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 | Mayer, Brown, Rowe & Maw Attorneys Help Secure Victory for Morgan, Stanley 23 March 2007 - A group of Mayer, Brown, Rowe & Maw LLP lawyers played a significant role in Wednesday's Florida District Court of Appeal ruling, reversing a previous jury award of $1.58 billion, including $850 million in punitive damages, to billionaire Ronald Perelman's company, Coleman (Parent) Holdings ("CPH"). CPH had sued Morgan Stanley over the 1998 sale of Coleman Co., in which it was the majority shareholder, to Sunbeam Corp. Read >>
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 | Andy Pincus Argues Important Constitutional Case in Supreme Court 28 February 2007 - In his second argument this term and sixteenth argument overall, Mayer, Brown, Rowe & Maw LLP attorney Andy Pincus today argued Hein v. Freedom From Religion Foundation, No. 06-157, in which the Supreme Court will address the scope of taxpayers' standing to file suits challenging government expenditures under the Establishment Clause. Read >>
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 | Donald Falk Comments on Proposed Merger of Sirius and XM Satellite Radio 21 February 2007 -- Mayer, Brown, Rowe & Maw LLP attorney Donald Falk is quoted in today's San Francisco Chronicle commenting on the proposed merger of Sirius and XM Satellite Radio. Addressing the market definition issues in the case, Falk, an acknowledged antitrust expert, notes that satellite radio appears to compete with many sources of mobile audio content available to consumers. Read >>
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 | Mayer, Brown, Rowe & Maw Appellate Group Scores Two Major Supreme Court Wins for U.S. Business in Single Day 20 February 2007 - Mayer, Brown, Rowe & Maw LLP attorneys represented the prevailing sides in two major U.S. Supreme Court decisions issued today. The decisions, both of which are favorable to the American business community, involved punitive damages and antitrust issues. Read >>
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 | Stephen Shapiro comments on major antitrust case that he will argue in the Supreme Court 5 February 2007 - Mayer, Brown, Rowe & Maw LLP attorney Stephen Shapiro, who will argue Credit Suisse First Boston Ltd. v. Billing, No. 05-1157, in the Supreme Court on March 27, 2007, is quoted in a National Law Journal article discussing the case, in which the Supreme Court will decide whether the SEC's pervasive regulation of securities markets preempts private antitrust claims arising from investment banks' underwriting of initial public offerings (IPOs). Read >>
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 | Andy Pincus comments on the impact of Supreme Court decisions on the business community 11 January, 2007 -- Mayer, Brown, Rowe & Maw LLP attorney Andy Pincus is quoted several times in a recent article in the Financial Times on how Supreme Court cases affect the business community. In particular, Andy argues that a preference for narrow opinions can be costly to businesses, and that the Court should be more willing to grant business cases even in the absence of a circuit split. Read >>
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 | Evan Tager argues important dormant commerce clause case in the Supreme Court 8 January 2007 -- Mayer, Brown, Rowe & Maw LLP attorney Evan Tager today argued United
Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, No. 05-1345, in the U.S. Supreme Court. The Court will decide whether a requirement that all garbage generated in a county be disposed of in a county-owned disposal facility discriminates against interstate commerce in violation of the Commerce Clause of the United States Constitution. Read >>
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 | Mayer, Brown, Rowe & Maw files amicus brief in al-Marri v. Wright on behalf of former senior Justice Department officials, including former U.S. Attorney General Janet Reno 15 December 2006 - Mayer, Brown, Rowe & Maw LLP attorneys James Schroeder, Gary Isaac, and Heather Lewis filed an amicus brief in the Fourth Circuit in Al-Marri v. Wright on behalf of eight former Justice Department officials, including former U.S. Attorney General Janet Reno and Mayer, Brown senior counsel and former U.S. Deputy Solicitor General Philip Lacovara, advocating against the government's indefinite detention of terrorism suspects arrested and held in the United States. Read >>
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 | Steve Shapiro comments on the Supreme Court's dwindling docket 7 December, 2006 -- Mayer, Brown, Rowe & Maw LLP attorney Steve Shapiro is
quoted repeatedly in a lengthy article by Linda Greenhouse in today's New York Times, which discusses the fact that the Supreme Court's docket continues to shrink Read >>
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 | An Interview With Steve Shapiro: The Art of Appellate Advocacy November 2006 - Appellate lawyers have never achieved the kind of celebrity accorded trial lawyers. Even John W. Davis, the preeminent appellate lawyer of his time, was known to the public through his political activities, not his extraordinary career in the Supreme Court, where he argued many landmark cases - the last of which was Brown v. Board of Education. Read >> Published by The Journal of the Seventh Circuit Bar Association, Volume 2. |
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 | Class Certification Reversed in Huge Securities Fraud Suit 5 December, 2006 - In a significant decision issued today, Miles v. Merrill Lynch & Co., No. 05-3349, the Second Circuit reversed class certification in
a multi-billion-dollar securities fraud suit challenging conduct of the Nation's leading underwriters in hundreds of initial public offerings.
Steve Shapiro and Tim Bishop of Mayer Brown's Chicago office represented defendant Merrill Lynch in the case and had a principal role in devising the underwriters' arguments and preparing their briefs in both the district court and court of appeals. Read >>
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 | Andy Pincus comments on the school desegregation cases 4 December 2006 -- The Supreme Court is scheduled to hear oral arguments in two important school desegregation cases today. In connection with those arguments, Andy Pincus, one of the team of lawyers who filed an amicus brief on behalf of the Leadership Conference on Civil Rights in those cases (which is available here, has published an article in the Legal Times discussing the cases. Andy argues that the Court should view those cases through the lens of its school-desegregation precedents--beginning with Brown v. Board of Education--and should reject the plaintiffs' invitation to invalidate the school boards' desegregation plans. Read >>
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 | State High Court Condemns Arbitration Provisions That Don't Allow Class Actions October 2006 - Congress enacted the Federal Arbitration Act (FAA) eight decades ago to eliminate longstanding judicial hostility to the private resolution of disputes through arbitration. The United States Supreme Court has emphasized that the FAA embodies a strong federal policy favoring arbitration, and confirmed more than twenty years ago that the FAA preempts contrary state law. Read >>
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 | Federal Courts Reject Class Action Waivers in Arbitration Clauses October 2006 -- Businesses routinely include arbitration provisions in their standard consumer contracts, and require individual rather than class-wide arbitration in order to preserve the simplicity and efficiency of the arbitral process. Most courts enforce these class-arbitration waivers, guided by the strong pro-arbitration policy of the Federal Arbitration Act. Read >>
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 | Mayer Brown lawyers Andy Pincus & Charles Rothfeld to direct Supreme Court litigation clinic at Yale Law School. 18 July 2006, Washington, D.C. -- Mayer, Brown, Rowe & Maw LLP lawyers Andy Pincus and Charles Rothfeld will be directing a Supreme Court litigation seminar and clinic at Yale Law School, while continuing to practice at Mayer Brown. The clinic will represent parties and amici in the Supreme Court on a pro bono basis. The clinic's website is available here. The Legal Times has also written about the clinic. Read >>
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 | Charles Rothfeld on the Supreme Court's 2005 Term 17 July 2006. Washington, D.C. Mayer, Brown, Rowe & Maw LLP attorney Charles Rothfeld today published an article in the Legal Times on the Supreme Court's recently concluded 2005 Term, entitled The Unsinkable Center - Given the chance to tilt, the Supreme Court maintains its delicate balance. Read >> This article is reprinted with permission from Legal Times, July 17, 2006 |
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 | Andrew Frey named One of "Top 100 Most Influential Lawyers in America" June 26, 2006, New York -- The National Law Journal has named Mayer, Brown, Rowe & Maw LLP partner Andrew Frey to its list of the "Top 100 Most Influential Lawyers in America." Read >>
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 | Environmental Update - Fractured U.S. Supreme Court Reins In Army Corps of Engineers' Wetlands Program 22 June 2006 - The United States Supreme Court issued its decision June 19 in two closely-watched Clean Water Act cases, Rapanos v. United States (No. 04-1034) and Carabell v. United States Army Corps of Engineers (No. 04-1384). The decision placed some limits on the Army Corps of Engineers' authority to regulate "non-isolated" wetlands under the Clean Water Act (the "Act"). Read >>
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 | 134 Mayer, Brown, Rowe & Maw Lawyers Listed in Chambers USA Guide to Leading Business Lawyers One hundred thirty-four Mayer, Brown, Rowe & Maw LLP lawyers are listed in the 2006 Chambers USA guide to leading business lawyers. The guide highlights the firm's work in several dozen practice areas throughout the U.S. Mayer, Brown, Rowe & Maw LLP senior counsel Philip Lacovara and partner Robert Baptista were also singled out in receiving prestigious "Chambers USA Awards for Excellence." Read >>
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 | Supreme Court to Review Punitive Damages Case 30 May 2006, Washington D.C. - The United States Supreme Court said today that it will hear a challenge to a $79.5 million punitive damages award against Philip Morris USA. Mayer, Brown, Rowe & Maw LLP is counsel of record for Philip Morris in this case, in which the Court will examine the constitutional limits on awards of punitive damages. Read >>
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 | Moving Outside the Beltway 31 March 2006, New York - Fresh Hope is at hand for New York litigators and trial attorneys uncomfortable in the role of hard-charger-and who long for the days of high-minded, Socratic explorations deep into the belly of the legal beast. Read >> (This article is reprinted with permission from the March 31, 2006 edition of the NEW YORK LAW JOURNAL. ¸ 2006 ALM Properties, Inc. All rights reserved. Further duplication without permission is prohibited. For information, contact American Lawyer Media, Reprint Department at 800-888-8300 x6111. #070-07-05-0028) |
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 | Illinois Appellate Court Rejects "Compatibility" Requirement For SUVs. The First District of the Illinois Appellate Court, sitting in Chicago, has rejected the claim that the makers of sport utility vehicles, or SUVs, can be held liable for injuries to occupants of vehicles that collide with SUVs where those injuries are alleged to have been caused by the SUV's greater size and
weight. Read >>
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 | Under Threat - Supreme Court Should Tell Judges to Balance Equities Before Squashing Infringers with Injunctions 26 March 2006 - Patent law is big news today. Before the BlackBerry infringement case was settled this month, millions of Americans trembled on the edge of their seats, fearing the abrupt cutoff of instant communication with friends, colleagues, and clients. Settlement of the action was featured on the television news and the front pages of national newspapers. Read >> ¸ 2006 ALM Properties Inc. All rights reserved. This article is reprinted with permission from Legal Times
(1-800-933-4317 LTsubscribe@alm.com www.legaltimes.com) |
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 | State High Court Condemns Arbitration Provisions That Don't Allow Class Actions 24 March 2006 - Congress enacted the Federal Arbitration Act (FAA) eight decades ago to eliminate longstanding judicial hostility to the private resolution of disputes through arbitration. The United States Supreme Court has emphasized that the FAA embodies a strong federal policy favoring arbitration, and confirmed more than twenty years ago that the FAA preempts contrary state law. Read >> (Copyright 2006 Washington Legal Foundation) |
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 | Deported Illegal Alien Wants to Remain in U.S. for Hearing 22 March 2006, WASHINGTON - An immigration attorney told an apparently divided Supreme Court on Wednesday that a 1996 law denying hearings to deported aliens who returned to the United Sates unlawfully does not apply to deportees who illegally reentered before April 1, 1997, the statute's effective date. Read >> (Reprinted with permission from Law Bulletin Publishing Company.) |
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 | Supreme Court Rules Unanimously in favor of Illinois Tool Works in Printer Ink Case 1 March 2006, Washington D.C., -- The Supreme Court, in an 8-0 decision favoring Illinois Tool Works, put new limits on antitrust suits against patent holders who bundle products for sale. Mayer, Brown, Rowe & Maw LLP partner Andrew Pincus argued the case on behalf of ITW. Read >>
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 | Seventh Circuit Allows Removal of Pre-CAFA Class Action 27 January 2006, Chicago - The United States Court of Appeals for the Seventh Circuit has for the first time permitted removal from state to federal court of a class action lawsuit that was originally filed prior to the enactment of the Class Action Fairness Act of 2005 ("CAFA"). The ruling, announced in an opinion by Judge Frank H. Easterbrook, came in response to a petition filed by Mayer, Brown, Rowe & Maw LLP and Vinson & Elkins LLP on behalf of Liberty Mutual Insurance Company. Read >>
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 | Mayer, Brown, Rowe & Maw LLP Announces Academic Affiliation with Constitutional Law Scholar Eugene Volokh 19 January, 2006, Los Angeles - The international law firm Mayer, Brown, Rowe & Maw LLP is pleased to announce that Eugene Volokh, who holds the Gary T. Schwartz chair at the UCLA School of Law, has joined the firm's litigation practice as an academic affiliate. Volokh, who will continue to teach at UCLA, is nationally recognized in multiple areas of the law, including cyberspace law, First Amendment law, copyright law, workplace harassment law, and right of publicity law. Read >>
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 | Supreme Court Victory for Wachovia and Other National Banks 17 January 2006 - The U.S. Supreme Court ruled 8-0 in a case of significance to all national banks, that a national bank is a citizen only of the state in which its main office is located and not, as the U.S. Fourth Circuit had held, of every state in which it has a branch. Mayer, Brown, Rowe & Maw LLP partner Andrew Frey argued the case on behalf of Wachovia Corp, working with partner Evan Tager and counsel Charles Rothfeld. It was Mr. Frey's 63rd Supreme Court argument, the most of any active member of the Bar. Read >>
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 | Illinois Supreme Court Overturns $10.1 Billion Verdict Against Philip Morris USA 15 December 2005, Chicago - The Illinois Supreme Court today overturned a $10.1 billion verdict against Philip Morris USA. The plaintiffs had alleged Philip Morris USA (a unit of Altria Group) had violated the Illinois Consumer Fraud Act in marketing light cigarettes as being less harmful than its regular-strength offerings. Read >>
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 | Amendments to Federal Rules of Appellate Procedure 1 December 2005 - The Federal Rules of Appellate Procedure were amended effective December 1, 2005. Mayer, Brown, Rowe & Maw LLP's Supreme Court and Appellate Practice group has prepared a brief summary of those amendments for the convenience of its clients and friends. Read >>
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 | Illinois Supreme Court Upholds 2001 Telecommunications Law Chicago - The Illinois Supreme Court has upheld the constitutionality of the Illinois legislature's 2001 comprehensive reform of Illinois telecommunications law. Mayer, Brown, Rowe & Maw LLP represented Illinois Bell before the court in support of the law, Big Sky Excavating Co. v. Illinois Bell Tel. Co., No. 99380 (Illinois Supreme Court). Read >>
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 | Seventh Circuit holds Vienna Convention Confers Private Right of Action 27 September 2005 - In Jogi v. Voges, decided today, the Seventh Circuit became the first court of appeals ever to hold that the Vienna Convention on Consular Relations creates a private right of action. This case, argued by Mayer Brown attorney Brad Rosenberg on a pro bono basis, involves the question whether a foreign national who is not informed of his Vienna Convention right to consular access upon arrest may sue for money damages based on that violation. Read >>
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 | Advice to Solicitor General Must Remain Confidential 6 September 2005 - Speaking as former deputy solicitors general who served in the solicitor general's office for a total of 35 years, in both Democratic and Republican administrations, we believe that senatorial requests for Judge John Roberts' confidential memos, written as deputy solicitor general in the first Bush Administration, are unjustifiable and should be withdrawn. Read >> (This article is reprinted with permission from the September 6, 2005 edition of the NEW YORK LAW JOURNAL. ¸ 2005 ALM Properties, Inc.) |
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 | Federal Court Ruling Undermines Defendants' Ability to Appeal Class Action Certifications 29 July 2005 - Rule 23(f) was added to the Federal Rules of Civil Procedure in 1998 to expand the availability of interlocutory appellate relief from class certification decisions for a simple reason: whether a lawsuit is pursued individually or as a class action often has more practical significance than the underlying merits of the case. The federal courts of appeal have applied the rule grudgingly, however, limiting the availability of interlocutory review to the most extreme cases. Read >> (Copyright ¸ 2005 Washington Legal Foundation.) |
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 | U.S. Court of Appeals Dismisses Price-Fixing Claim in International Vitamins Case 30 June, 2005, Washington, D.C. - The U.S. Court of Appeals for the District of Columbia has affirmed the dismissal of a price-fixing claim brought in an international vitamins case, ruling that the court did not have jurisdiction to hear the claim. Mayer, Brown, Rowe & Maw LLP partner Stephen Shapiro argued the case, and partners Tyrone Fahner, Kenneth Geller, Andrew Marovitz, Donald Falk, and Jeffrey Sarles also worked on behalf of defendant BASF Corporation in the case. Read >>
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 | The Impact of State Farm v. Campbell: A Two-Year Retrospective May / June 2005 - The Supreme Court's decision in State Farm Mutual Automobile Insurance Co. v. Campbell was greeted by many in the defense bar, including me, as a much needed message to lower courts to impose greater procedural and substantive constraints on punitive damages. I saw in
State Farm a clear command to lower courts to provide juries with more detailed instructions for the setting of punitive damages... Read >> (This article first appeared in the American Bar Association Litigation Section's newsletter Coverage, Volume 15, Number 3 (May/June 2005).
Reprinted with Permission.) |
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 | Recent Developments In Medical Device Preemption Law Spring 2005 - A patient is diagnosed with heart disease; a pacemaker is implanted. Years later, she experiences internal bleeding, which she asserts is the result of a malfunction in the device. She has surgery again and a new pacemaker is successfully implanted, but she is incapacitated for several months as a result of having had to undergo a second round of surgery. Read >> (This article originally appeared in Products Liability, the newsletter of the ABA Section of Litigation, Committee on Products Liability Litigation. Copyright 2005, American Bar Association. All rights reserved. Reprinted by permission.) |
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 | Capitol Records Wins Copyright Ruling before NY Court of Appeals 5 April 2005, New York - The New York Court of Appeals today issued a decision in favor of Capitol Records, Inc., in its bitterly contested copyright dispute against Naxos of America, Inc. Mayer, Brown, Rowe & Maw LLP senior counsel Philip Lacovara argued the case on behalf of Capitol Records. Read >>
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 | Supreme Court in 7-2 Vote Rejects Tax Court Secrecy 7 March 2005, Washington D.C. - The U.S. Supreme Court in a 7-2 decision has overturned the United States Tax Court procedure that shielded important judicial reports from disclosure to people with cases before the court and to federal judges who review the tax court's decisions.
Read >>
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 | Philip Lacovara: Legend in the Law 4 January 2005, Washington D.C. - Mayer, Brown, Rowe & Maw Senior Counsel Philip Lacovara is featured in the Washington Lawyer's periodic series "Legends in the Law." Read >>
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 | Ernst & Young Prevails in Fruit of the Loom Litigation 16 December 2004 - Mayer, Brown, Rowe & Maw LLP partners Stanley Parzen and Bradley Andreozzi won an important victory for Ernst & Young LLP ("E&Y") when the United States Court of Appeals for the Sixth Circuit affirmed the dismissal of all securities fraud claims against E&Y related to its 1998 audit of apparel manufacturer Fruit of the Loom. Fidel v. Farley, No. 02-6143 (6th Cir. Dec. 16, 2004). Read >>
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 | Stephen Shapiro Argues Important Tax Case Before U.S. Supreme Court 8 December 2004 - Mayer, Brown, Rowe & Maw LLP partner Stephen Shapiro argued a significant federal tax case before the Supreme Court yesterday. The case raises statutory and constitutional objections to the U.S. Tax Court's practice of preparing trial judge reports that are held in secrecy without disclosure to the parties or even the reviewing courts. Read >>
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 | Supreme Court Weighs Legality of Tax Magistrates' Silence 8 December 2004 - In a case involving the Internal Revenue Service and secrecy, a federal attorney told an apparently incredulous Supreme Court on Tuesday that tax courts need not disclose to appellate panels the factual findings and recommendations of magistrate judges, even when favorable to the defense. Read >> (Reprinted with permission from Law Bulletin Publishing Company.) |
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 | Justices Hear Arguments on Disclosure of Tax Court Special Trial Judges' Reports 8 December 2004 - The U.S. Supreme Court Dec. 7 heard oral arguments on whether U.S. Tax Court procedural rules allowing Tax Court judges to adopt the findings of special trial judges without making a special trial judge's "original" report part of the appellate record or disclosing it to the parties deny due process or violate governing federal statutes... Read >> (Reproduced with permission from Daily Tax Report, No. 235, pp. G-8 - G-10 (Dec. 8, 2004). Copyright 2004 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com) |
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 | Mayer, Brown Leads Washingtonian's "Best of Washington" List of Constitutional Lawyers Four Mayer, Brown, Rowe & Maw LLP partners are cited in Washingtonian magazine's "Best of Washington" list of top lawyers specializing in Supreme Court and constitutional litigation. The list includes Mayer Brown attorneys Andy Frey, Ken Geller, Andy Pincus, and Evan Tager. Mayer Brown led all law firms in the number of lawyers included on the list. Read >>
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 | Mayer, Brown's Pro Bono Team on a Hot Streak The pro bono team at Mayer, Brown, Rowe & Maw LLP is crowing that they have won 10 decisions in a row in the 7th U.S. Circuit Court of Appeals and are in position to soon win an 11th. But the unexpected success rate has also forced the firm to re-evaluate its decision to continue to represent pro bono defendants when their cases get remanded to the U.S. District Court, said Marc R. Kadish, director of pro bono activities for Mayer. Read >>
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 | $70 Million Judgment Against E&Y Reversed On Appeal October 21, 2004 - In an appeal from the Bankruptcy Court for the Southern District of New York, District Court Judge Kimba Wood reversed the Bankruptcy Court on all claims and threw out a $70 million award against our client Ernst & Young ("E&Y"). Read >>
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 | Cuno v. DaimlerChrysler et al.: Supreme Court & 6th Circuit Court of Appeals 17 September 2004 - On September 16, 2004, DaimlerChrysler petitioned the 6th Circuit Court of Appeals to rehear a recent decision declaring unconstitutional an investment tax credit enacted by the State of Ohio to retain jobs and encourage economic development, especially in distressed areas. Read >>
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 | Judge Easterbrook on Effective Appellate Advocacy Read >>
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 | Evan Tager named one of 12 leading appellate lawyers in DC 19 July 2004 - When a major company needs to find a lawyer in a key appellate case involving class certification, punitive damages, or arbitration, there's a good chance it will hire Evan Tager of Mayer, Brown, Rowe & Maw. Read >> This article is reprinted with permission from Legal Times |
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 | The Court on Balance 12 July 2004 - At the close of this year's Supreme Court term, there can be no denying that Justice Sandra Day O'Connor is Solomonic in at least one respect: She is adept at splitting the baby. Read >>
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 | Supreme Court Rules Detainees Have Access to U.S. Courts 28 June 2004, Washington, D.C. - The Supreme Court ruled today that people being held by the United States as enemy combatants can challenge their detention in American courts. Read >>
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 | Supreme Court Limits Overseas Scope of U.S. Antitrust Law 15 June 2004, Washington, D.C. - In an 8-0 decision, the U.S. Supreme Court ruled in an international price-fixing case that federal antitrust law does not apply to transactions causing independent foreign harm that alone gives rise to a plaintiff's claim. Read >>
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 | Punitive Precision 10 June 2004 - Mayer, Brown, Rowe & Maw LLP partners Evan Tager and Andrew Frey discuss jury instructions in punitive damages cases in the ABA Journal Article "Punitive Precision". Read >> 2004 ABA Journal (http:www.abajournal.com) |
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 | Justices Grapple with Fallout from Atkins 17 May 04 - Nearly two years after ruling in Atkins v. Virginia that executing mentally retarded death row inmates is unconstitutional, the Supreme Court is faced with a case asking how much proof of retardation a defendant must provide. Read >>
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 | Mayer, Brown, Rowe & Maw Partner Stephen Shapiro Discusses Oral Argument "High Wire Act" 24 April 2004 --Mayer, Brown, Rowe & Maw LLP partner Stephen Shapiro discusses strategies for oral argument in a Chicago Daily Law Bulletin article
"Appellate lawyers' version of high wire act: Oral argument." written by Daniel C. Vock Read >> (Reprinted with permission of the Chicago Daily Law Bulletin.) |
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 | Don Falk Discusses European Regulators Action in Microsoft Case The New York Times reported that European regulators announced on Thursday that settlement talks with Microsoft had collapsed, leaving it virtually certain that an antitrust ruling would be issued against the company that could limit its ability to add new features to its software in Europe. Read >>
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 | Andrew Pincus Among Panel of Legal Experts to Assess High Court at Mid-Term Mayer, Brown, Rowe & Maw LLP partner Andrew Pincus will be among a panel of experts assessing the Supreme Court's current term at a media briefing sponsored by the Legal Studies Division of the Washington Legal Foundation (WLF). Read >>
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 | The Incredible Shrinking Court; If Their Productivity Were Measured By Private Sector Standards, The Supremes Might Receive Pink Slips December 2003 - In the corporate world, budget-conscious managers strive to improve their organization's productivity, generating more product, more efficiently, with fewer resources. In government, productivity is virtually irrelevant. Government agencies are spared the rigors of the market and
survive forever regardless of their efficiency. In this respect, unfortunately, the U.S. Supreme Court is just like any other government agency. Read >> (This article is reprinted with permission from the December 2003 edition of American Lawyer " ¸ 2003 ALM Properties, Inc.
All rights reserved. Further duplication without permission is prohibited) |
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 | They Felt Called to Guantanamo Bay case "It is rare,'' Gary A. Isaac said, "that you get to write about Magna Carta and the Federalist Papers all in the same brief.''
Isaac, counsel at Mayer, Brown, Rowe & Maw LLP's Chicago office and James C. Schroeder, a partner in Mayer, Brown's appellate section have helped put together an amicus curiae brief for three retired military officers who were arguing on behalf of alleged al-Qaida and Taliban soldiers detained at Guantanamo Bay, Cuba. Read >> (Reprinted with permission of the Chicago Daily Law Bulletin.) |
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 | Fifth Circuit Reverses Turkmenistan Arbitration Ruling The U.S. Court of Appeals for the Fifth Circuit today reversed a district court's finding of arbitral jurisdiction over the Government of Turkmenistan in an ICC proceeding initiated by Argentina's Bridas SAPIC. The Government had not signed an agreement to arbitrate and refused to participate in the proceeding. Rejecting claims that the Government could nevertheless be bound by the resulting award based on theories of agency, estoppel and third-party beneficiary status, the court remanded the case for a determination limited to whether the state oil company Turkmenneft was merely the alter ego of the Government. Mayer, Brown, Rowe & Maw LLP attorneys William Knull, Jeff Sarles, William Hubbard and Tim Tyler represented the Government and Turkmenneft on the appeal. Read >>
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 | Sixth Circuit affirms dismissal of securities fraud suit against Ernst & Young 9 July 2003 - The U.S. Court of Appeals for the Sixth Circuit has affirmed dismissal of a securities fraud lawsuit against the accounting firm of Ernst & Young. Read >>
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 | Mayer, Brown, Rowe & Maw LLP lawyers say Supreme Court took important step in limiting punitive damages In published news reports, Mayer, Brown, Rowe & Maw LLP partners Andrew Frey and Evan Tager noted that the Supreme Court's decision in State Farm v. Campbell, No. 01-1289, took an important step in limiting excessive punitive damage awards. This decision helps clarify the meaning of a 1996 case involving BMW, in which the Supreme Court also overturned a punitive damage award. Mayer, Brown, Rowe & Maw LLP represented BMW in the 1996 case and filed a brief on behalf of the U.S. Chamber of Commerce in the State Farm case. Read >>
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 | Timeline Tightens for Campaign Finance Case: Supreme Court Awaits Ruling From Judges as Term Starts Drawing to a Close 24 March 2003 - Ken Geller comments on McCain-Feingold campaign finance case. An article in Washington Post written by Neely Tucker Read >>
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 | Philip Lacovara was one of the lawyers to reenact an 1824 landmark Supreme Court case Mayer, Brown, Rowe & Maw LLP partner Philip Lacovara was one of the lawyers to reenact an 1824 landmark Supreme Court case, Gibbons v. Ogden, which broadly defined Congress's right to regulate commerce. Supreme Court Justice Antonin Scalia represented the Marshall Court in the program sponsored by the Supreme Court Historical Society. Read >>
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 | Denver wins important affirmative action case The U.S. Court of Appeals in Denver has upheld a Denver affirmative action ordinance establishing goals for racial minorities and women on city construction and professional design contracts. Mayer, Brown, Rowe & Maw LLP partner Eileen Penner represented the city on the appeal. Read >>
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 | Illinois Solicitor General Joel Bertocchi Joins Mayer, Brown, Rowe & Maw Illinois Solicitor General Joel Bertocchi has joined Mayer, Brown, Rowe & Maw as a partner in the Chicago office. Since 1999 Mr. Bertocchi has been chief of the 40-lawyer appellate staff that represents the State of Illinois in civil and criminal cases in state and federal courts. Read >>
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 | U.S. Supreme Court Accepts Seventh Mayer, Brown, Rowe & Maw LLP Case for Argument During the October 2002 Term Today the Supreme Court added its seventh Mayer, Brown, Rowe & Maw LLP case to its docket for the 2002 Term; Mayer, Brown, Rowe & Maw attorneys have argued or will argue six of the cases. Read >>
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 | Mayer, Brown snags state's appeals chief When a new administration takes office next week, now-Solicitor General Joel D. Bertocchi will work outside of the public sector for the first time in his 20-year legal career. Read >>
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 | Supreme Court deadlocks on Borden Ranch case in 4-4 tie Four Supreme Court Justices have sent a clear warning to the U.S. Corps of Army Engineers and EPA that they are overreaching their powers under the Clean Water in the case of Borden Ranch Partnership v. United States Army Corps of Engineers, No. 01-1243. Justice Kennedy did not participate in the Court's decision, leaving the Justices equally divided and unable to render a decision. Mayer, Brown, Rowe & Maw partner Timothy Bishop says the Supreme Court is likely to revisit these issues soon in a new case, and he expects a favorable outcome for property owners. Read >>
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 | Wetlands Split Decision by Justices Preserves Appeals Court Holding on Deep Ripping A deep-plowing technique used to convert part of a California ranch into orchards involved a discharge requiring a dredge-and-fill permit, the U.S. Supreme Court said Dec. 16 in a 4-4 vote upholding an appeals court decision (Borden Ranch Partnership v. United States, U.S., No. 01-1243, 12/16/02). Read >> (Reproduced with permission from Daily Environment Report, No. 242, p. A-1 (Dec. 17, 2002). Copyright 2002 by The Bureau of National Affairs, Inc. (800-372-1033) www.bna.com) |
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 | Wetlands Deep Ripping Not a Regulated Discharge, Rancher's Attorney Tells U.S. Supreme Court Oral arguments before the U.S. Supreme Court Dec. 10 on whether a deep plowing technique violated the Clean Water Act focused extensively on whether the process caused a regulable discharge requiring a permit (Borden Ranch Partnership v. U.S. Army Corps of Engineers, U.S., 01-1243, oral arguments 12/10/02). Read >> (Reproduced with permission from Daily Environment Report, No. 238, p. A-10 (Dec. 11,2002). Copyright 2002 by The Bureau of National Affairs, Inc. (800-372-1033) www.bna.com ) |
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 | Bishop Moves to Secure Court Win Richard Lazarus of The Environmental Forum calls Tim Bishop "industry's leading Supreme Court Lawyer in environmental cases." Read >> (Copyright ¸ 2002, The Environmental Law Institute©, Washington, D.C. Reprinted by permission from The Environmental Forum©, November/December 2002) |
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 | Eileen Penner, Lee Rubin cited among National Law Journal's "40 under 40" Mayer, Brown, Rowe & Maw LLP partners Eileen Penner and Lee Rubin are included in the National Law Journal's "40 under 40" list that highlights "some of the most successful young litigators in America." Both are partners in the firm's Washington D.C. office. Read >>
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 | Unanimous Supreme Court rules in favor of ChevronTexaco in case argued by Stephen Shapiro A unanimous Supreme Court ruled in favor of ChevronTexaco in not permitting a worker with a liver condition to continue to be employed in a refinery where doctors said exposure to toxins could further endanger his health. Read >>
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 | Update: Voices from the Grave - 11th U.S. Circuit Court Hears Case of American Church Women Slain by Salvadoran Military Five Salvadoran National Guard members abducted, tortured, raped and murdered four American church women in El Salvador on 2 December 1980. Twenty-one years later, relatives of Maryknoll Sisters Ita Ford and Maura Clarke, Ursuline Sister Dorothy Kazel, and lay missionary Jean Donovan, are seeking to hold two former commanding generals of the killers accountable. Read >>
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 | Mayer, Brown, Rowe & Maw LLP's Gary Feinerman cited as one of Crain's "40 under 40" rising stars Mayer, Brown, Rowe & Maw LLP partner Gary S. Feinerman, 36, is recognized in a Crain's Chicago Business profile as one of the "40 under 40" rising stars in business, government, law, and the arts. Read >>
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 | U.S. Supreme Court accepts disability law case to be argued by Mayer, Brown, Rowe & Maw LLP's Stephen Shapiro The U.S. Supreme Court has agreed to decide whether an employer may refuse to hire someone for a job that would pose a significant risk to the applicant's health or life. Read >> (Abstracted from The Chicago Tribune) |
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 | Martin Redish joins Mayer, Brown & Platt as special counsel Northwestern University scholar Martin H. Redish has joined Mayer, Brown & Platt as special counsel. Professor Redish, who was recently included on a list of the 75 most cited legal scholars of all time, is a nationally renowned authority on the subjects of federal jurisdiction, civil procedure, freedom of expression and constitutional law. Read >>
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 | Supreme Court limits plaintiff suits on defrauding FDA - case argued by Mayer, Brown, Rowe & Maw LLP's Kenneth Geller In Buckman Company v. Plaintiffs' Legal Committee, the Supreme Court, in a unanimous decision written by Chief Justice William Rehnquist, ruled that federal law preempts state-law tort claims alleging fraud on the Food and Drug Administration. Read >> (Abstracted from The Wall Street Journal) |
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 | May it Please the Court October 2000 - An article written by Christine Hogan, in the ABA's journal Litigation, that discusses the assistance she received from Mayer, Brown, Rowe & Maw LLP's Steve Shapiro and Ken Geller in preparing for her first argument before the Supreme Court. Read >> This article originally appeared in the October 2000 issue of FOR THE DEFENSE, and was reproduced in the ABA journal LITIGATION, Vol. 27 No.
4 (Summer 2001). It is reproduced by permission of both the ABA and the Defense Research Institute. |
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| Affirmative Action Eileen Penner, a partner in the Washington, D.C. office, represented General Motors in filing a friend of the court brief supporting affirmative action at the University of Michigan. In its August 27th issue, The Chicago Tribune quoted Penner noting that the issue of diversity has become such a part of corporate culture that companies are coming out to defend it on other levels, such as in education.
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 | A Legal Academic 18 March 1996 - High Court Litigator Takes special Pride Seeing Name on Book Read >> (Copyright 1996 Daily Journal Corp. Reprinted With Permission. Originally published by the Los Angeles Daily Journal on March 18, 1996.) |
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 | Foe of Punitives Tries to Nudge The Court: Andrew Frey Carefully Builds a Body of Law as he Aims For The Prize - A Win From The Justices 16 October 1995, Washington - For the federal government's top Supreme Court litigators, the primary concern is long-term, not to win but to develop the law. But trade the traditional morning coat for a business suit and clients with millions of dollars at stake; then, winning in the nation's highest court becomes paramount. But Andrew L. Frey, who spent almost as many years in the Office of Solicitor General, representing the United States, as he has in private practice, aims to do both-win and develop the law, particularly the law on punitive damages.
Read >> (Reprinted with permission from The National Law Journal, October 16, 1995. Copyright 1995 by the New York Law Publishing Company.) |
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 | He Makes Mark as Legal Sleuth 12 June 1995 - Perry Mason Look-alike Enjoys Finding Solutions Read >> Copyright 1995 Daily Journal Corp. Reprinted With Permission. Originally published by the Los Angeles Daily Journal on June 12, 1995. |
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