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From: Public Policy Law360
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Subject: Judges Call Emergency Meeting After Stone Sentencing Swap
Date: Wed, 19 Feb 2020 09:24:03 +0000

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Wednesday, February 19, 2020
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TOP NEWS

Judges Call Emergency Meeting After Stone Sentencing Swap
A national association of federal judges has scheduled an emergency meeting for Wednesday afternoon to discuss interference from the Trump administration and Attorney General William P. Barr in politically sensitive cases, following the sentencing upheaval in the criminal case against Trump ally and longtime Republican political operative Roger Stone.
Read full article »

Kan. Judge Sanctioned For Sexual Harassment To Resign
A Kansas federal judge informed President Donald Trump on Tuesday that he planned to step down, giving notice five months after he was reprimanded amid allegations he sexually harassed judiciary employees, had an affair with a felon and routinely showed up late to court.
2 documents attached | Read full article »

USPTO Walks Back Trademark Email Rule
The U.S. Patent and Trademark Office has modified a controversial new rule that requires trademark owners to post their email addresses on a public database, aiming to mollify concerns that the rule could help scammers.
1 document attached | Read full article »

Trump Commutes Ex-Ill. Gov. Blagojevich's 14-Year Sentence
President Donald Trump commuted Rod Blagojevich's 14-year prison sentence Tuesday, clearing the way for the former Illinois governor to leave prison about four years before his scheduled release date.
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Gov't Waives Contracting Laws To Speed Up Border Wall
The Trump administration said Tuesday that it will waive federal procurement laws to speed up construction of a wall along the U.S.-Mexico border, citing high levels of unauthorized border crossings and drug trafficking.
Notice attached | Read full article »

EPA Internal Watchdog Says Mexico Border Program Failing

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The internal watchdog arm of the U.S. Environmental Protection Agency released a report on Tuesday that criticized the regulator for shortcomings in monitoring and implementing a bilateral program with Mexico aimed at protecting the environment along the border.
Report attached | Read full article »

DC Circ. Wary That House Can't Sue Prez Over Funding Rows
The D.C. Circuit hammered the Trump administration Tuesday over its position that the House of Representatives could never sue the executive branch over funding disputes, slinging out a series of hypotheticals to test the argument.
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BANKING & SECURITIES

NCLA Backs Adviser's 11th Circ. Challenge Of SEC Judges
The New Civil Liberties Alliance has thrown its support behind another challenger to the constitutionality of the U.S. Securities and Exchange Commission's administrative law judges, this time in the Eleventh Circuit.
Petition attached | Read full article »

Bloomberg Proposes Wall Street Tax, Student Debt Relief
Democratic presidential hopeful Michael Bloomberg unveiled a plan Tuesday that would impose a 0.1% tax on all financial transactions and make it easier for college students to obtain student-loan debt relief.
1 document attached | Read full article »

ENERGY & ENVIRONMENTAL

SC Remains In Fight Against Offshore Seismic Testing
A federal judge on Tuesday kept South Carolina in litigation challenging oil- and gas-related seismic testing off the Atlantic Coast and President Donald Trump's pro-drilling executive order, saying the state's case resembles litigation in Alaska where a judge invalidated portions of that executive order.
Memorandum attached | Read full article »

Enviros Say Species Are At Risk Under New Water Rule
The Trump administration illegally ignored the potential impact to endangered species of a new water regulation that narrows the federal government's permitting authority under the Clean Water Act, environmental groups said Tuesday.
Notice attached | Read full article »

HEALTH & LIFE SCIENCES

GOP States Urge High Court To Skip ACA Row — Or Nuke Law
If the U.S. Supreme Court agrees to hear an appeal by Democratic officials to protect the Affordable Care Act, it should find that the law is unconstitutional, Republican state attorneys general told the high court in a new petition.
Petition attached | Read full article »

IP & TECHNOLOGY

AI Offers 'Substantial' Pros At USPTO, But Not Without Risks
The U.S. Patent and Trademark Office has been experimenting with using artificial intelligence during examinations, and while there are "substantial" benefits to such automation, a report released Tuesday said it raises risks about due process and labor.

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EMPLOYMENT

Restaurant Groups Can't Upend NYC Fair Workweek Law
A New York judge on Tuesday held that New York City's Fair Workweek Law requiring fast-food businesses to give employees a two-week advance notice of work schedules is valid, rejecting a challenge by several restaurant industry groups that claimed it was preempted by state law.
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COMPETITION

NY Won't Appeal T-Mobile/Sprint Merger Challenge Loss
A contingent of state-level enforcers challenging T-Mobile's purchase of Sprint has lost one of its leaders, as New York's attorney general said her office will not appeal a New York federal court ruling refusing to block the planned $56 billion merger.
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Former Teva Exec Calls AGs' Price-Fixing Claims 'Threadbare'
A former Teva executive has urged a Pennsylvania federal judge to toss price-fixing accusations against her from a coalition of 44 state attorneys general as part of multidistrict litigation alleging industrywide price-fixing by generic-drug makers, blasting the claims as "threadbare."
Brief attached | Read full article »

CYBERSECURITY & PRIVACY

Texas Judge Rules Huawei Contracting Ban Is Constitutional
A Texas federal judge has tossed Huawei's challenge to a law barring federal agencies from buying products made by the Chinese telecommunications equipment giant, ruling Tuesday that the ban does not unconstitutionally punish the company.
Opinion attached | Read full article »

11th Circ. Pressed To Reconsider Shrinking TCPA's Reach
A consumer who lost her appeal alleging Hilton Grand Vacations violated the Telephone Consumer Protection Act with millions of automated telemarketing calls asked the Eleventh Circuit to reconsider the ruling, arguing in a brief last week that the decision bucks Congress' intent.
Petition attached | Read full article »

Internet Providers Sue Maine Over Data Privacy Restrictions
Several national trade groups representing internet service providers are suing state officials in Maine federal court over a consumer privacy law enacted in 2019, saying it ventures far afield of its stated goal of protecting users' sensitive data.
Complaint attached | Read full article »

INTERNATIONAL TRADE

US Sanctions Russian Energy Broker Over Venezuela Ties
The Trump administration on Tuesday sanctioned a subsidiary of Russian energy giant Rosneft for continuing to broker sales of Venezuelan oil in defiance of a U.S. commercial embargo against the Venezuelan government.
Read full article »

COMPANIES
AT&T Inc.
Albertsons Companies LLC
Allergan PLC
Alvarez & Marsal Holdings LLC
American Bar Association
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Boston Heart Diagnostics Corp.
Boy Scouts of America
Breckenridge Pharmaceutical Inc.
CTIA
Center for Biological Diversity
Cisco Systems Inc.
Conference of State Bank Supervisors
Court Square Capital Partners LP
DISH Network LLC
Defenders of Wildlife
Deutsche Telekom AG
EisnerAmper LLP
Facebook Inc.
Financial Times Group Ltd.
Google Inc.
Hilton Worldwide Inc.
Huawei Technologies Co. Ltd.
ISN Software Corp.
Imperva Inc.
International Business Machines Corp.
International Franchise Association
Johnson & Johnson
Lannett Company, Inc
LinkedIn Corp.
Los Angeles Times
Mylan NV
Natural Resources Defense Council
New Civil Liberties Alliance
New Jersey State Bar Association
New York State Bar Association
New York University
Nike Inc.
Northeastern University
Novartis AG
PG&E Corp.
Parker Drilling Company
Pennsylvania Bar Association
Pfizer Inc.
Pogue Construction
ITC To Probe Economic Effect Of Renewable Energy In Mass.
The U.S. International Trade Commission is investigating the impact of renewable energy imports on Massachusetts' economy, according to a Federal Register notice to be published Wednesday.
2 documents attached | Read full article

TAX

EU Adds Cayman Islands, 3 Others To Tax Haven Blacklist
The European Union Tuesday added the Cayman Islands and three other jurisdictions to the list of countries it considers uncooperative on tax matters, ending days of speculation about which territories would be on the updated blacklist.
4 documents attached | Read full article »

BANKRUPTCY

Boy Scouts Of America Driven To Ch. 11 By Sex Abuse Claims
Citing a $150 million — and rising — burden of settlements with victims of alleged sexual abuse, the Boy Scouts of America sought Chapter 11 protection in Delaware early Tuesday, proposing a long-term "mass tort" compensation structure similar to that used for asbestos claims.
Read full article »

IMMIGRATION

DHS, USCIS Sanctioned For Wrongly Removing Immigrants
The U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services have been sanctioned for violating a preliminary injunction in California federal court after they failed to warn a class of young immigrants that U.S. Immigration and Customs Enforcement was removing five of its members from the country.
Order attached | Read full article »

Dems Slam Plan To Send Tactical Agents To 'Sanctuary' Cities
Top House Democrats on Tuesday slammed the Trump administration's plans to send Border Patrol officers with tactical training to cities that limit local cooperation with federal immigration authorities, in an escalation of the administration's battle against so-called "sanctuary" policies.
Letter attached | Read full article »

WHITE COLLAR

Trump Pardons Ex-NYPD Chief Kerik On Tax Fraud Conviction
President Donald Trump on Tuesday pardoned former New York Police Department commissioner and onetime Homeland Security chief nominee Bernard B. Kerik, who was convicted of tax and other crimes.
Read full article »

TELECOMMUNICATIONS

Starks Says FCC's Latest Diversity Data Falls Short
The FCC has released a fresh round of data on the demographics of broadcast station owners, prompting Democratic FCC Commissioner Geoffrey Starks to criticize a lack of movement on increasing diversity since the agency studied the subject five years ago.
Report attached | Read full article »

EXPERT ANALYSIS
PricewaterhouseCoopers International Ltd.
Purdue Pharma LP
Rocket Software Inc.
San Francisco 49ers
Sierra Club
Southern Environmental Law Center
Stats LLC
Sutter Health
T-Mobile US Inc.
Teva Pharmaceutical Industries Ltd.
Texas Public Policy Foundation
The New York Times Co.
Thoma Bravo LLC
Ticketmaster Entertainment, Inc.
TitleMax
TransPerfect Global Inc.
Twitter Inc.
USA Today International Corp.
United States Telecom Association
Venmo LLC
Yahoo! Inc.
YouTube Inc.
ZTE Corp.
Zeughauser Group LLC

GOVERNMENT AGENCIES
Administrative Conference of the United States
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European Commission
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Fish and Wildlife Service
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Opinion
Trump Is Right About Stone Sentencing, For Wrong Reasons
President Donald Trump weighed in on Roger Stone's sentencing in an inappropriate way — and caused quite a commotion within the U.S. Department of Justice as a result — but he nonetheless was right to find the sentencing guidelines' recommendation shocking, say criminal defense attorney Alan Ellis and sentencing consultant Mark Allenbaugh.
Read full article »

BIPA May Apply To Clearview AI's Creation Of Biometric Data
The resolution of recent cases in which IBM and Clearview AI created facial geometries from photographs they obtained from social media will show the extent to which the Illinois Biometric Information Privacy Act applies to these new technologies and uses of biometric data outside Illinois, say Al Fowerbaugh and Karen Borg of Porter Wright.
Read full article »

Consumer Finance Poised For Greater Scrutiny From States
As state-level regulators step up consumer finance oversight to fill the void created by more restrained federal regulation in this area, financial institutions should keep an eye on developments and agencies in several key states, say attorneys at Hogan Lovells.
Read full article »

What Health Care FCA Trends Tell Us About The Year Ahead
The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.
Read full article »

LEGAL INDUSTRY
Analysis
ABA Says Industry Regs Need A Rethink, But Will It Matter?
The passage of a revised American Bar Association resolution intended to encourage a new look at legal industry regulation and increase access to justice represents a major step forward, even in the absence of any recommended changes on nonlawyer participation in the market, some experts say.
Read full article »

These Firms Are Cleaning Up In Bull Market For VC, PE Deals
Some familiar names have landed the top spots among law firms for venture capital and private equity deals in 2019 with increases in the work they handled, thanks to an ongoing bull market and firms' growing strategy to specialize in that kind of high-value work.
Read full article »

Analysis
Texas Firms Sell Recruits On Opportunity As BigLaw Invades
Texas law firms are staring down a parade of national and global firms entering the state's major markets whose pay offers they can't match, so they're selling new hires and lateral recruits on what they say is better opportunity and talent development.
Read full article »

Bar Exam Pass Rate Surges To 80% For First-Time Test Takers
Nearly 80% of first-time test takers who sat for the bar exam in 2019 passed, a nearly 5 percentage point increase from 2018, the American Bar Association said Tuesday.
Read full article »

Gag Order For Weinstein Attys As Jury Begins Deliberations
A New York judge issued a gag order for defense counsel in Harvey Weinstein's rape trial Tuesday after the producer's lead attorney wrote an opinion piece in Newsweek that directly asked the jury to acquit him.
Read full article »

Judge Won't Delay Roger Stone's Sentencing
A D.C. federal judge on Tuesday said she will sentence Roger Stone this week despite calls for a retrial from both the longtime Republican operative and President Donald Trump, but she noted she may delay imposing the terms until after she examines the merits of the retrial request.
Read full article »

Levi & Korsinsky Underpaid Female Atty, Sex Bias Suit Says
A former Levi & Korsinsky LLP partner on Tuesday hit the plaintiffs' side securities firm with a sex discrimination suit alleging she was shorted on commissions and bonuses, had her cases reassigned to inexperienced male lawyers and was ultimately fired for speaking up about gender inequity.
Read full article »

MoFo 'Mommy Track' Bias Accusers Abandon Class Claims
Two former Morrison & Foerster LLP attorneys accusing the firm of relegating them to the "mommy track" and eventually firing them after they had children have dropped their class action claims.
Read full article »

Fox Rothschild Looks To Sink Bulk Of Graphic Sex Bias Suit
Fox Rothschild LLP and one of its former employment lawyers recently urged a New York federal judge to throw out most of a former legal aide's suit alleging the lawyer tried to rape her and sent her a slew of lewd pictures, with the attorney arguing that he engaged in a "consensual" relationship with the ex-aide.
Read full article »

Del. Justices Throw Out Richards Layton Malpractice Claims
Acknowledging that statute of limitations laws impose harsh deadlines, the Delaware Supreme Court on Monday upheld the dismissal of a malpractice suit accusing Richards Layton & Finger PA of giving mistaken advice in 2012 and costing a software company $67 million.
Read full article »

DOJ Taps Kirkland Atty To Monitor Live Nation Compliance
The U.S. Department of Justice moved Tuesday to name Kirkland & Ellis LLP partner Mark Filip as monitoring trustee responsible for ensuring Live Nation and Ticketmaster abide by their merger approval deal, which was tweaked after the companies allegedly violated the settlement repeatedly.
Read full article »

BakerHostetler Adds Former DOJ Antitrust Official
BakerHostetler said Tuesday it has hired a former official from the U.S. Department of Justice's Antitrust Division to focus on white collar and compliance issues, marking the firm's third recent hire in the competition and antitrust practice area.
Read full article »

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Staffing Co. For Clifford Chance Strikes Deal To End DOJ Case
A New York staffing firm has agreed to pay more than $27,000 to resolve the U.S. Department of Justice's claims that it discriminated against foreign and dual citizens while helping international law firm Clifford Chance LLP staff a project, according to a settlement agreement published Tuesday.
Read full article »

Interview
15 Minutes With The San Francisco 49ers' General Counsel
As the NFL is pulled into discussions about protests during the national anthem over police brutality and racial injustice, Hannah Gordon sees it as an "intellectually stimulating exercise" for the 49ers to help facilitate national conversations. Here, she discusses her involvement in this year's Super Bowl, and the ways she has seen the role of women in sports change.
Read full article »

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