Industry Has Edge Over Enviros to Fight EPA Ozone Rule
October 1, 2015 — Law360
Thomas A. Lorenzen, a Washington, D.C.-based partner in Crowell & Moring's Environment & Natural Resources Group, is quoted in Law360 discussing the EPA's decision to lower the national ozone standard. Lorenzen said, "It will be especially difficult to convince a court to force the EPA to revise the standards to lower levels since the 70-parts-per-billion standard was within the range of levels originally recommended by the agency's Clean Air Scientific Advisory Committee." Lorenzen also noted, "The environmental groups that argue that EPA should have set a lower standard will have to overcome the reluctance of the court to second-guess the agency on those sorts of scientific reviews."
Communication With COs Essential Before Shutdown
September 23, 2015 — Bloomberg BNA
Stephen J. McBrady, a Washington, D.C.-based partner in Crowell & Moring's Government Contracts Group, is quoted in Bloomberg BNA discussing how federal contractors should talk with their contracting officers regarding potential effects if the government shuts down on October 1, 2015. In the event of a shutdown, "reasonable costs of dealing with the shutdown should be recoverable under cost-type contracts" and that "contractors have to take steps ‘across the board' to document any increased costs, both for winding down and starting back up, to support equitable adjustment claims," McBrady said.
5 Key Considerations in Mitigating International Discovery Challenges
September 22, 2015 — Legaltech News
Washington, D.C.-based partner and co-chair of Crowell & Moring’s E-Discovery & Information Management Group, Jeane A. Thomas, is quoted in Legaltech News discussing the challenges multinational corporations face when navigating through different discovery processes between the United States and the European Union. Thomas said, "In the United States, civil litigation discovery is extraordinarily broad" and "in the EU, by contrast, civil law countries have very limited discovery and disclosure obligations."
Court Bolsters FTC’s Authority to Regulate Cybersecurity
September 16, 2015 — E-Commerce Times
Washington, D.C.-based partner and co-chair of Crowell & Moring’s Advertising & Product Risk Group, Christopher A. Cole, is quoted in the E-Commerce Times discussing a recent federal court ruling that could provide the FTC with more authority on penalizing companies that fail to provide adequate protection for consumers' personal data. Cole noted, "The FTC will likely view the Third Circuit's decision as a vindication of its privacy and data security enforcement and policy activities to date" and added that "the Third Circuit’s decision comes at a time when the FTC’s role as the nation’s privacy regulator has never been stronger."
Appeals Court: Whistleblowers Don’t Have to Call the SEC
September 10, 2015 — The Wall Street Journal
Washington, D.C.-based Labor & Employment Group partner, Thomas P. Gies, discusses with The Wall Street Journal the new ruling by the Second U.S. Circuit Court of Appeals on corporate whistle blowers. The ruling allows corporate whistleblowers to be protected by retaliation provisions when they initially report the possible wrongdoing to their employer and not the U.S. Securities and Exchange Commission. However, "some companies have been reluctant to go along with the SEC's view for fear that it would lead to more retaliation claims," Gies said.
Tips from the Experts: 8 Points on Perfecting Preservation
September 9, 2015 — Legaltech News
Washington, D.C.-based partner and co-chair of Crowell & Moring's E-Discovery & Information Management Group, Jeane A. Thomas, is quoted in Legaltech News discussing the challenges corporations face when preserving data and tips on how they can effectively manage perseveration. Thomas noted the importance of communication and how the general messaging of the preservation process must be honed considerably in regards to frequent custodians. "I would add flexible to the list of adjectives that are necessary to communications. There is good reason to automate some of the legal hold processes, but there's still a role for direct communication with key custodians, to make sure of and understand their obligations," Thomas said.
Policy, but what now: The GCR Section 5 Roundtable
September 8, 2015 — Global Competition Review
Washington, D.C.-based Antitrust Group senior counsel, Lisa Kimmel, shares her perspective on the Federal Trade Commission's published guidance on Section 5 authority during a roundtable discussion hosted by Global Competition Review. "In my view, by tying section 5 enforcement to likely competitive harm, it doesn't go beyond what the commission has stated in other documents ... so I don't expect any practical change in how the agency approaches enforcement," Kimmel said.
Analysts: Contractor Control Over IR&D May Decline
September 3, 2015 — Bloomberg BNA
Washington, D.C.-based Government Contracts Group partner, Stephen J. McBrady, is quoted in Bloomberg BNA discussing the recent white paper issued by the Department of Defense (DOD) on independent research and development (IR&D) projects. The proposed white paper may cause contractors to face challenges in receiving reimbursements for their project. "The federal government could decline to reimburse IR&D costs if the contractor doesn't review the project with the appropriate DOD staffer," McBrady said.
Will Brady Win in Court? Labor Lawyer Outlines Each Side's Best Argument
September 2, 2015 — CBS Sports
Thomas P. Gies, a Washington, D.C.-based partner in Crowell & Moring's Labor & Employment Group discusses with CBS Sports the possible arguments Judge Richard Berman may hear from the NFL and Tom Brady in the Deflategate legal battle. Gies said, "There is enough law on both sides of the issue to support a decision for either the union or the league" and that "either way it goes, an appeal to the Second Circuit seems likely."
Calif. Fuel Plan Ruling Won't Stop Commerce Clause Attacks
August 19, 2015 — Law360
Washington, D.C. partner Richard Lehfeldt and counsel Cameron Prell from Crowell & Moring's Energy Group talk with Law360 about the recent dismissal of the dormant Commerce Clause challenge against California's low carbon fuel standard. Although the challenge was dismissed by a federal judge, Lehfeldt said, "The results and nature of the cases in other states will vary depending on how the states set up their program." Prell also added, "If a state decides to pursue a state measures plan, which gives it some flexibility in meeting carbon emission targets, and wants to use transportation-related reductions for purposes of compliance, hypothetically, it may be able to count the reductions under certain specific circumstances ... but that would have to go through EPA approval."
How a Florida beautician and 'bag holder' in a drug conspiracy got Obama on her side after a life sentence
August 16, 2015 — Business Insider
Washington, D.C.-based senior counsel Thomas C. Means and associate Sherrie A. Armstrong talk with Business Insider about their pro bono work in securing a commuted sentence from President Barack Obama for Stephanie George, a former Florida beautician serving a life sentence for a minor drug offense. Means discussed how "Stephanie's case was compelling because it was a life sentence ... it was just a minor drug offense, and the sentence was just so extraordinary."
Growing IRS Reliance on Informal Guidance Sows Uncertainty
August 6, 2015 — Law360
Jennifer A. Ray, a Washington, D.C.-based partner in the firm's Tax Group, discusses with Law360 the impact of funding cuts on the Internal Revenue Service (IRS). The cuts have delayed the IRS' ability to place regulations on controversial tax issues, which leads them to only issue guidance's in the form of notices. However, Ray states, "The notices don't have the force of a full regulation, but sometimes that is all taxpayers have to go on, leaving them uncertain about what the IRS' position is."
Terror Victims Eye Thawing with Iran
August 2, 2015 — Wall Street Journal
Washington D.C.-based International Dispute Resolution partner, Stuart H. Newberger, is quoted in the Wall Street Journal discussing Iran's refusal to pay billions of dollars in compensatory damages that were awarded to terrorism victims by U.S. courts. While there were no discussions of terrorism victims during the nuclear talks, Newberger remarks that in order to have "a rapprochement with Iran, the terrorism sanctions and judgments have to be dealt with one way or another."
Air Pollution: Former DOJ Environment Official Lorenzen Dissects D.C. Circuit’s CSAPR Ruling
July 30, 2015 — E&E News TV
Washington, D.C.-based Environment & Natural Resources Group partner, Thomas A. Lorenzen, speaks to E&E News TV host Monica Trauzzi regarding the implications of the D.C. Circuit Court’s ruling on Cross-State Air Pollution Rule (CSAPR). Lorenzen stated, "What the D.C. Circuit held yesterday is that certain states were being overregulated because the emission reductions required were more than necessary to get to attainment in all the linked downwind states." He added, "The agency's going to have to go back now and think about how you calculate goals for each of these affected states, and what that then does to the goals that are set for other states."
Lawyers Weigh in on DOJ’s Newman Appeal to High Court
July 30, 2015 — Law360
Daniel L. Zelenko, a New York-based partner in the firm’s White Collar & Regulatory Enforcement Group, is quoted in Law360 discussing the significance of the U.S. Department of Justice's petition to have the U.S. Supreme Court overturn the ruling on U.S. v. Newman et al. Zelenko said, "The appeal demonstrates how vital this issue is to the prosecution of future insider trading cases in 2015 and beyond…the stakes are very high and you can bet there was vigorous debate at the Department of Justice before pursuing this appeal, which is never done without serious consideration of all of the ramifications."
Law360's Weekly Verdict: Legal Lions & Lambs
July 30, 2015 — Law360
Crowell & Moring is featured in Law360's "Weekly Verdict: Legal Lions & Lambs" article for the firm's success in obtaining approval from the Federal Trade Commission on AT&T Inc.'s $48.5 billion merger with DirecTV.
Four Clean Water Act Cases to Watch
July 30, 2015 — Law360
Washington, D.C.-based Environment & Natural Resources Group counsel, David Chung, is mentioned in Law360 for his role in the Des Moines v. Sac County case. The article highlights this case as one of four Clean Water Act cases every environmental attorney should be watching.
Law Firm Leader Roundtable: Part 1 and 2
July 30, 2015 — Legal Bisnow
Crowell & Moring managing partner, Ellen M. Dwyer, participated in Legal Bisnow’s two-part Law Firm Leader Roundtable panel in which firm leaders and industry experts discussed their views on the changes occurring in the legal industry. Dwyer noted, "Another trend I've seen is some of the very large firms coming in at pricing that is just astounding" adding that "as a result, firms in that space have to get much more sophisticated not just about pricing, but about managing matters so they can be profitable."
The 2015 Working Mother & Flex-Time Lawyers 50 Best Law Firms for Women
July 28, 2015 — Working Mother
Crowell & Moring is featured in Working Mother magazine as one of the Working Mother and Flex-Time Lawyers "50 Best Law Firms for Women." This is the fourth consecutive year the firm has received this award, which recognizes law firms for their commitment to the development, retention, and advancement of female attorneys into leadership positions.
DCMA Instructions Call For Risk-Based Approach
July 28, 2015 — Bloomberg BNA
Peter Eyre, a Washington, D.C. partner in Crowell & Moring's Government Contracts Group, discusses the implications of the Defense Contract Management Agency's (DCMA) recently issued instructions to oversee contractors' efforts to exclude counterfeit electronic parts from their supply chains. Eyre says that the DCMA instruction "answers some questions but raises others."
Dealmakers of the Week: Wm. Randolph Smith of Crowell & Moring and Richard Rosen of Arnold & Porter
July 27, 2015 — The American Lawyer
Washington, D.C.-based partner and chair of the firm's Antitrust Group, Wm. Randolph "Randy" Smith, is featured as one of The American Lawyer's "Dealmakers of the Week." The article focuses on Smith's role in heading off potential challenges from the Justice Department and securing AT&T's mega-deal to purchase satellite television operator DIRECTV for $48.5 billion in cash and stock. Smith noted a "feeling of pride [in bringing] the transaction to a conclusion, a sentiment he added that will be particularly poignant when he "starts to see the benefits in the real world."
Contractor Accountability Rider Questioned
July 13, 2015 — Bloomberg Law
Amy Laderberg O'Sullivan, a Washington, D.C.-based Government Contracts partner, discusses with Bloomberg Law an amendment authored by Rep. Alan Grayson (D-Fla.) that was intended to prevent contract awards from being given to firms suspected or convicted of wrongdoing. Industry representatives are considering the amendment unnecessary given the existing suspension and debarment system. O'Sullivan stated she believes the existing process works well because it allows a contractor and the government to negotiate an agreement "as opposed to having the sort of automatic consequences” called for within the Grayson amendment.
Courts Less Deferential to Regulatory Agencies, GMU Forum Told
July 8, 2015 — Oil & Gas Journal, Bloomberg BNA
Kirsten L. Nathanson, a Washington, D.C.-based Environment & Natural Resources partner, shares her perspective on the significance of recent U.S. Supreme Court case rulings during a panel hosted by the George Mason University School of Law's Law and Economics Center. Nathanson observed that in a 5-4 vote, the justices said EPA's estimated $9.6 billion/year of costs and $4-6 million/year of benefits from the regulation was a gap that was too big to ignore. "This was the first time the court required consideration of costs when Congress was silent," she said. Panelists discussed and examined precedent set by decisions in cases such as Michigan v. EPA, Util. Air Regulatory Grp. v. EPA, and King v. Burwell.
Utilities Win Big As Supreme Court Orders EPA to Consider Cost in Regs
June 29, 2015 — Forbes
Thomas A. Lorenzen, a Washington, D.C.-based Environment & Natural Resources partner, discusses with Forbes the impact of the U.S. Supreme Court's recent decision in Michigan v. EPA, which rejected the Obama administration's stance that the EPA need not consider costs when it determines that a utility pollutant must be regulated. The case, considered a challenge by the utility industry and 23 states whose electricity rates would likely rise if coal-fired power plants close, will now return to the D.C. Circuit Court of Appeals. "It means that EPA can really no longer take any comfort in the fact there is a Chevron doctrine out there," Lorenzen said. "The courts are going to look skeptically" at regulations that have a major effect on the economy, he said. Lorenzen was also quoted in Bloomberg, Bloomberg BNA, Congressional Quarterly, Financial Times, Law360, and Greenwire for his analysis of this high-profile ruling.
Attorneys React to Supreme Court Patent Royalties Case
June 22, 2015 — Law360
San Francisco-based Intellectual Property partner Mark T. Jansen provides comments to Law360 on the U.S. Supreme Court ruling in Kimble v. Marvel Enterprises. Jansen notes that the ruling "is surprising in light of narrowing blanket prohibitions in the patent and antitrust areas. Even if there is a 'web of precedent' relying on the old rule, that 'web' seems to ignore related developments based on modern law and economics and real-world patent licensing."
Brand Protector Asks European Commission to Assess .sucks Registry Pricing Practices
June 17, 2015 — Bloomberg BNA
Brussels-based Intellectual Property partner Flip Petillion was mentioned for his role in imploring the European Commission to access the ".sucks" top-level domain registry pricing practices. Petillion notes the registry's refusal to publish the registry earlier created uncertainty for trademark owners and forced them to register during the sunrise period.
FDA Looks to Placate Amarin, Duck Free Speech Decision
June 8, 2015 — Law360
Robert T. Rhoad, a Washington, D.C.-based Health Care partner, discusses with Law360 the rationale behind the U.S. Food and Drug Administration's decision to allow Amarin Pharma Inc. to make off-label statements about the fish oil medicine Vascepa. Rhoad remarks that with this decision, which comes on the heels of Amarin's challenge to restrictions on free speech, the FDA is apparently hoping to satisfy Amarin and avoid litigating broader First Amendment issues that apply across the pharmaceutical industry. "The FDA letter appears little more than a narrowly focused panacea offered in an attempt to dodge this larger question," Rhoad said.
New 'Blacklisting" Rules Have Contractors In Uproar
June 5, 2015 — Compliance Week
Stephen McBrady, a Washington, D.C.-based partner in the firm's Government Contracts Group talks with Compliance Week about new requirements for government contractors to disclose previous violations of labor and employment laws when submitting a bid. Under the proposed rules, contractors would need to obtain data about their sub-contractors. "That brings up a whole host of other issues," said McBrady. For example, it's not unusual for one company to have a sub-contractor that is its competitor on the next contract up for bid. That raises concerns about confidentiality. Among the other concerns, McBrady notes, "Is it reasonable to expect that a small business prime contractor will be able to analyze and collect the labor law compliance information from its large sub-contractor?"
Calif. Justices to Weigh Break Issue Left Open by Brinker
June 2, 2015 — Law360
Orange County-based Labor & Employment Group partner, Mark A. Romeo, speaks with Law360 about the California Supreme Court's decision to hear the class action brought by ABM Industries Inc. security guards who claim they were illegally forced to be on call during their breaks. The case is significant because it gives the court an opportunity to address an issue that was left unresolved in its high-profile Brinker decision. "In large part, Brinker held employers are not obligated to police meal breaks to ensure no work is done, and if the court [in the ABM case] upholds that on-call rest breaks are permitted, it would be another ruling in favor of employers and would go a long way toward eliminating another potential type of claim," Romeo said.
Top 10 Numbers from Report on Women in Big Law
June 1, 2015 — The American Lawyer
The American Lawyer's recent special report on women highlights Crowell & Moring as one of only 19 firms hiring female associates from the OnRamp program, which brings female lawyers who have been out of the workplace for as long as 20 years back into big law firms. Further, the firm's managing partner Ellen M. Dwyer and chair Angela B. Styles are both pictured in the photo grid accompanying the report. The full report has several articles that analyze the status of women in Big Law.
Lessons Learned From Supreme Court’s Ruling in Favor of KBR Inc.
June 1, 2015 — Federal News Radio
Brian T. McLaughlin, a Washington, D.C.-based counsel in Crowell & Moring's Government Contracts Group, talks with Federal News Radio host Tom Temin on the "Federal Drive" program about the Supreme Court's ruling in favor of defense contractor KBR Inc. in a False Claims Act (FCA) whistleblower suit brought by a former employee. McLaughlin described the facts of the case and noted that it is not unusual for these types of FCA cases to take a long time. He noted that "this is a ruling that defense contractors will be very happy with because it means that the tolling period is not suspended, and that whistleblowers have a duty to bring their claims forward in a timely way."
Trade Secrets Case Remanded to District Court, Defendant Settles
May 25, 2015 — Virginia Lawyers Weekly
Washington, D.C.-based partner and co-chair of Crowell & Moring's Intellectual Property Group, Michael J. Songer, was named and pictured in Virginia Lawyers Weekly for his role as one of three plaintiff attorneys representing DuPont in the trade secret misappropriation case involving DuPont's Kevlar synthetic fiber (E.I. du Pont de Nemours and Company v. Kolon Industries, Inc.) The parties reached a settlement agreement on April 30. Kolon agreed to pay DuPont $275,000,000 in restitution, in addition to paying a fine of $85,000,000 to the U.S. Government.
The Global Lawyer: Iran's Bill Comes Due
May 20, 2015 — The American Lawyer
Washington, D.C.-based International Dispute Resolution partner Stuart Newberger, who represents families of terror victims, is featured in an American Lawyer article discussing expected settlement amounts with Iran. Newberger remarks that he expects the grand total of damages assessed by U.S. courts against Iran for acts of terror to exceed $45 billion. Although he notes that there are a few scenarios for settling the outstanding Iran terror judgments and cutting damages and interest to lower the amounts, Newberger says that such a diplomatic formula would be inappropriate since most judgments have been finalized against Iran.
Four Issues to Watch in Amarin’s Off-Label Marketing Suit
May 12, 2015 — Law360
Washington, D.C.-based Health Care partner, Robert T. Rhoad, speaks with Law360 about Amarin Pharma Inc.'s constitutional challenge to the U.S. Food and Drug Administrations' restrictions on off-label marketing. In reference to how the case might be affected by the fact that regulators are currently updating policies, Rhoad argued that the prospect of future policy tweaks isn’t a good reason, in and of itself, to deny relief to Amarin. "If I was a judge, I would give that zero to very little weight," Rhoad said.
20 Percent Additional Tax Applies to Retention Bonus
May 12, 2015 — Law360
Jennifer Ray, a Washington, D.C. based partner in Crowell & Moring's Tax Group, discusses the implications of the Internal Revenue Service's recently issued Chief Counsel Advice (CCA) stating that an executive's retention agreement violated Code section 409A and therefore was subject to an additional 20 percent federal income tax. Ray notes that the CCA is "a cautionary tale for companies playing the ‘audit lottery.'"
Preserving Privilege During Internal Probes Becomes Trickier After 'KBR,' Other Rulings
May 12, 2015 — Bloomberg BNA
Attorneys in Crowell & Moring's Government Contracts Group are quoted in a BNA article highlighting the firm's Ounce of Prevention Seminar that was held on May 5, specifically regarding the ongoing litigation between KBR and whistleblower Harry Barko, among other cases. The attorneys also discussed other key cases’ implications for conducting internal investigations. Featured in this article were government contracts attorneys Gail Zirkelbach, a Los Angeles-based partner; Preetha Chakrabarti, a New York-based associate; Jason Lynch, a Washington, D.C.-based associate; and Justin Murphy, a Washington, D.C.-based counsel.
Expert Tells Federal Contractors to Play It Safe, Invest in Compliance
May 12, 2015 — Bloomberg BNA
Crowell & Moring's Ounce of Prevention Seminar, hosted by the firm's Government Contracts Group, is featured in a BNA article discussing compliance measures for federal contractors. George Washington University law professor Steven Schooner, who spoke at the conference, discussed key compliance cases to highlight the importance of risk avoidance for contractors.
Revolving Door a Major Trend in Bid Protest Cases, Panelists Say
May 12, 2015 — Bloomberg BNA
Crowell & Moring Government Contracts attorneys who spoke at the firm's annual Ounce of Prevention Seminar on May 5 are quoted in a BNA article discussing bid protest cases. Washington, D.C.-based partners Tom Humphrey and Dan Forman and Washington, D.C.-based associate Rob Sneckenberg spoke at the conference, and discussed trends in bid protest cases, noting that interacting with current or former government employees presents a risk when filing bid protests. They also noted that other top risks include hiring an incumbent’s team at a lower pay rate and dealing with corporate restructurings.
Lawyers Can Recommend Best Practices to Mitigate Cyber Risks, Attorneys Advise
May 12, 2015 — BNA
Washington, D.C.-based Government Contracts partner Evan Wolff and senior counsel Maida Lerner are featured in BNA after speaking at Crowell & Moring’s annual Ounce of Prevention Seminar. Wolff and Lerner highlight best practices that lawyers can recommend to mitigate cybersecurity risks, noting that the most important step is to prepare for an incident. Wolff and Lerner also advised that firms should clearly establish who is in charge of cyber issues and should advise clients to have well-established policies and procedures related to cybersecurity.
NDAA Report Language Targets DCAA Backlog, Poor Performance
May 8, 2015 — Bloomberg BNA
Washington, D.C. based Government Contracts associate, Skye Mathieson, speaks to BNA about the House Armed Services Committee's report on the fiscal year 2016 National Defense Authorization Act (NDAA), which focuses on eliminating the audit backlog at the Defense Contract Agency (DCAA). The report is "certainly a step in the right direction," Mathieson said, adding that the backlog is high because "Auditors began insisting that contractors provide 'support' to a degree of breadth and granularity that auditors in the commercial world would never demand."
EU Launches E-commerce Inquiry
May 7, 2015 — Global Competition Review
Brussels-based Antitrust partner, Salomé Cisnal de Ugarte, speaks to Global Competition Review about the EU's competition inquiry into the e-commerce sector, which involves the EU Competition Commission collecting information from a broad range of e-commerce companies. The data will be used to gather market information and to assess whether companies' own practices hinder online competition. "Therefore, companies need to be very careful when responding to the questionnaires and data requests," Cisnal de Ugarte said.
EU Antitrust Regulators Probe Curbs on Cross-Border Online Sales
May 6, 2015 — Reuters
Brussels-based Antitrust partner, Salomé Cisnal de Ugarte, discusses the implications of EU regulators’ investigation into whether electronics and digital content companies illegally curb cross-border online sales. Cisnal de Ugarte notes that the sector inquiry will target everyone in the e-commerce arena, and not just well-known online brands. "Essentially, every company that sells products online, including their suppliers and their technology providers, will be affected. Potentially, the scope will be very wide," she said.
Resource Nationalism--the Emergence of a New Theme in Arbitration?
May 6, 2015 — LexisPSL ARBITRATION
Mongolia's Dornod uranium deposit, one of the largest in the world, has played host to a contentious instance of resource nationalism. Ian A. Laird, partner at Crowell & Moring, examines the issues raised in Khan Resources v. Mongolia which promises to set a significant precedent in arbitrating over expropriations, and the award of damages.
Quicken Loans Attorney Says DOJ Lending Crusade Went Too Far
May 4, 2015 — Law360
Washington, D.C.-based Health Care partner, Robert T. Rhoad, discusses Quicken Loans’ recent suit against the U.S. Department of Justice, which alleged that the government was pressuring the company into making false admissions as part of settlement negotiations. Rhoad noted that filing first gave Quicken the opportunity to include claims against the government that would not necessarily fit into a motion to dismiss or other early parts of a case. "That's very frustrating for defendants, because many of them want to tell their own story and there’s really no vehicle early in the proceedings to do that," Rhoad said.
Alaska's Arctic Oil Resources Require Tech Investment Now
May 4, 2015 — The Barrel (Global Energy Blog)
Anchorage-based Legislative and Regulatory Advisor, Drue Pearce, is quoted in energy blog The Barrel from a recent Center for Strategic & International Studies panel. Pearce discussed the implications of extending the Alaska oil drilling season, noting, "If the real risk is during the transportation phase, it does not make sense to push … into two years where you've got to stage twice—up and back and up and back—because you've got more ships in the water and more opportunity to have one of those transportation accidents."
Strategies Wearable Tech: Growth of Smart Garments Sparks Suits of the Non-Apparel Variety — Lawsuits
March/April 2015 — Textile Insight
Washington, D.C.-based counsel and member of the firm’s Intellectual Property Group, Lisa A. Adelson, speaks with Textile Insight about a recent case in which a wearable technology company filed several complaints in the United States District Court for the Northern District of Georgia for patent infringement of wearable technology. While Adelson is not involved in the case, she notes that for brands interested in smart apparel, it is important to scan the market for similarities. "Just like in inventions historically, if this is your specialty you sort of know the state of the art. If you think you are close [to another product], you need to get legal advice," said Adelson.
McDonald's Attorney Says Company is Victim of Union Attack on Brand
March 30, 2015 — Wall Street Journal
Washington, D.C.-based counsel and member of the firm's Labor & Employment Group, Christopher Calsyn, contributes his knowledge to the Wall Street Journal article that explores the issue as to whether or not companies like McDonald's share responsibility for the actions of their franchisees, particularly regarding complaints about low wages paid to fast-food workers. Calsyn provides that traditionally a parent company would need to have direct and immediate control over personnel matters like hiring and firing, but this case could decide whether the franchiser has sufficient control over employees to be considered a joint employer.
4 Tips for Negotiating IRS Advance Pricing Agreements
March 27, 2015 — Law360
Washington, D.C.-based partner and member of the firm's Tax Group, David J. Fischer, talks with Law360 about the expert tips and best practices taxpayers should keep in mind when negotiating an advance pricing agreement (APA)."You have to think about the likelihood of succeeding with an APA and whether you're willing to take a somewhat less aggressive position. Most APAs involve transactions with affiliates in jurisdictions with tax rates similar to the U.S. rate, so the IRS's tendency to push of the results toward the middle has less impact on the overall effective tax rate," said Fischer.
Big Law on Notice after Judge Scolds Firms for Bad Writing
March 27, 2015 — Law360
Edwin M. Baum, managing partner in Crowell & Moring’s New York office and member of the firm's Litigation Group, speaks with Law360 about a New York federal judge’s recent rebuke of two Big Law firms over pleadings the judge found overly long and redundant, which experts say can lead to risking an entire case by not keeping pleadings short and sweet. Baum points out that not only are gargantuan filings burdensome for all involved, but having more pages also means more opportunities for an attorney to make a mistake. "One risk in unduly lengthy pleadings that include extraneous matters is that there is a greater chance the lawyer will get something wrong, or include something they may have thought was an accurate statement but is not," said Baum.
Ninth Circuit OK's Appeal in Superfund Case; Liability for Air Pollutant 'Disposal' at Issue
March 27, 2015 — Bloomberg BNA
Washington, D.C.-based partner and member of the firm's Environment & Natural Resources Group, Daniel W. Wolff, talks with Bloomberg BNA about the Ninth Circuit's decision to hear a case that may decide whether airborne pollutants transmitted from a smelter to a Superfund site constitute an actionable disposal for which the smelter owner is liable as an arranger. Wolff remarked that, "It's a frightening construct if you're advising a client, but my sense is that the Ninth Circuit will agree with the district court's interpretation, because it isn't an arbitrary one."
California's Antitrust Bar
March 2015 — Global Competition Review
Crowell & Moring's California Antitrust Group is noted as "highly recommended" in the state, in a special feature published in Global Competition Review that explores the law firms doing the best antitrust work in California. The article notes that Crowell & Moring's California antitrust practice is "one of the most remarkable in the state… [that] has found its niche splitting its time between defense and plaintiffs matters, leading for major opt-out clients in some of the top antitrust litigation matters in the country."
Get to Know Crowell & Moring’s New Chair: Angela Styles
March 20, 2015 — Bisnow
Newly elected Crowell & Moring chair and Washington, D.C.-based partner and co-chair of the firm's Government Contracts Group, Angela B. Styles, caught up with Bisnow on her fourth day on the job. She discusses a wide array of topics ranging from her background in government to her vision for the future of the firm. When speaking about the growth of the firm, Styles stated that "[firm growth has] been very much a key to our success," and the firm will have a continued focus on growing smartly during her tenure as chair.
From Lateral to Chairwoman in Eight Years at Crowell & Moring
March 16, 2015 — The National Law Journal
Newly elected Crowell & Moring chair Angela B. Styles, partner and co-chair of the Government Contracts Group, is profiled by The National Law Journal. Styles discusses her childhood, past experience in both the federal government and private practice, and how she arrived at Crowell & Moring. When referring to the firm's visions for the firm's future, Styles notes that she plans "not growing for growth's sake," and hopes to strengthen practices such as cybersecurity and health care while maintaining the firm's government contracts, regulatory, and litigation reputation.
A Learned Career: Crowell & Moring Alumni at Universities
March 2015 — Crowell Connect (Alumni Newsletter)
At universities across America, more than 30 Crowell & Moring alumni make their careers as in-house counsel or faculty. Among them are Beth Nolan, senior vice president and general counsel at George Washington University, Karen Petrulakis, chief deputy general counsel at University of California, and David Florin, deputy general counsel for health affairs at Yale University. And just this December, alumna Ramona Romero assumed the role of Princeton University's general counsel. All serve in key leadership positions and help their universities tackle issues ranging from cutting-edge research and intellectual property licensing to Title IX concerns and academic freedom." In the March edition of Crowell Connect, they and other C&M alumni discuss their memories of the firm and what it's like to work in higher education.
Women in Investigations 2015
March 2015 — Global Investigations Review
Los Angeles-based White Collar & Regulatory Enforcement Group partner, Janet Levine, is featured as one of Global Investigations Review's 2015 Women in Investigations. This spotlight story highlights women from all over the globe that are making waves in the high-powered field of investigations. Levine touches on what she likes most about her role as chair of the firm's trial practice stating, "In investigations, sometimes discovering that things aren't as bad as feared and other times helping clients solve today's problems and prevent tomorrow's."
Crowell & Moring Law Firm Names Angela Styles As Chair
March 10, 2015 — The Washington Post
Newly-elected chair of Crowell & Moring, Angela B. Styles, is featured in The Washington Post's "Capital Business" section after assuming her new role. The article notes that Styles, who joined the firm in 2007, is the second woman to serve as chair in firm history. "I am honored to serve as chair of Crowell & Moring and to be part of a long tradition of firm leaders who have helped to build a truly unique firm over the past 35 years," Styles said.
Angela Styles, Government Contracts Lawyer, Named Chair of Crowell & Moring
March 9, 2015 — The National Law Journal
The National Law Journal reports the news that Angela Styles, partner and co-chair of Crowell & Moring's Government Contracts Group, has been elected as the firm's new chair. Referring to her predecessor, Kent A. Gardiner, who stepped down due to term limits, Styles notes: "It's a pretty good foundation I have to start with. I'm sure I will change some things. But we're at such a good place right now, we just need to keep thinking forward," she said.
Attorneys React to High Court’s Agency Rule-Making Decision
March 9, 2015 — Law360
Crowell & Moring's Washington, D.C.-based partner, Daniel W. Wolff, comments in coverage of the Perez v. Mortgage Bankers Association case in which the U.S. Supreme Court sided with the U.S. Labor Department, ruling that federal agencies don't have to go through formal rule-making to make significant changes to rules interpreting regulations. Wolff's views on this case also were featured in additional news outlets, including BNA.
DOL Wins Rule-Making Battle, But Deference Rift Lingers
March 9, 2015 — Law360
Washington, D.C.-based partner and member of the firm’s Labor & Employment Group, Tom P. Gies, comments on a U.S. Supreme Court decision that states the Department of Labor and other agencies don't need notice-and-comment rule-making to change interpretive regulations. The decision underscores a split among the justices on precedent requiring judicial deference to agencies' interpretations of their own rules.
Supreme Court Weighs Review of Army Corps' Jurisdiction Decisions
March 5, 2015 — Greenwire/E&E News
This article covers Kent Recycling Services LLC v. Army Corps of Engineers, a high-profile case which questions whether a corps jurisdictional determination for a wetland qualifies for judicial review. Crowell & Moring's Washington, D.C.-based partner, Richard E. Schwartz, focuses on the Clean Water Act and stresses the potential outcome of this decision. "It imposes a lot of hardship on the people trying to develop land because if they go ahead, they do so at their own peril," adding, "The consequences are incredibly significant, and there should be judicial review."
Crowell Hires from FTC Chairwoman's Office
March 3, 2015 — Global Competition Review
Washington, D.C.-based Antitrust Group senior counsel, Lisa Kimmel, is interviewed by Global Competition Review (GCR) about her recent arrival to Crowell & Moring. Kimmel, who was most recently an advisor to Federal Trade Commission chairwoman Edith Ramirez, told GCR that she expects her economics and federal agency background to contribute to her new role at the firm. "Economics provides the lens for analyzing antitrust matters and it's often the battleground on which cases are fought," Kimmel said.
FTC, Private Sector Lock Horns Over Consumer Data Protection
February 25, 2015 — E-Commerce Times
@Work Advice: When Your Company Plays Fast and Loose with Your Retirement Savings
February 20, 2015 — The Washington Post Magazine
Crowell & Moring's Washington, D.C.-based counsel and member of the firm's ERISA & Employee Benefits Group, Joel D. Wood addresses a question regarding concerns over employee-sponsored retirement plans for the weekly Washington Post Magazine column focused on wide-ranging questions affecting the workplace. This particular column featured inquires about legal issues related to retirement savings in the workplace.
Top Verdicts: U.S. ex. rel. Hopper v. Lockheed Martin Corp.
February 18, 2015 — Daily Journal
Los Angeles-based attorneys, Mark R. Troy, Jeffrey H. Rutherford, and Mana Elihu Lombardo were recognized for one of the Daily Journal's top verdicts of 2014 for their representation of Lockheed Martin in the U.S. ex. rel. Hopper v. Lockheed Martin Corp. case. After a six-day trial in the U.S. District Court for the Central District of California in Los Angeles, a jury unanimously found in favor of Lockheed Martin Corporation in a lawsuit filed under the qui tam provisions of the civil False Claims Act.
Partner Path Foggy As More Women Join Staff Atty Ranks
February 18, 2015 — Law360
Crowell & Moring managing partner Ellen M. Dwyer discusses the rise in alternative career tracks and nontraditional firm roles that are increasingly being filled by female lawyers. Dwyer views these roles, such as, firm professional, counsel, specialist, and staff attorney, as positive for the professional, as well as the individual lawyer looking for job trajectories that don’t necessarily hinge on promotion to equality partnership. "The challenge for law firms is to create interesting, fulfilling opportunities for men and women ... and then invest in talent and work on an individual basis to retain the best lawyers we have," she said.
Indian Guest Workers Win $14M in U.S. Signal Trafficking Case
February 18, 2015 — Law360
The firm’s representation of five Indian guest workers resulted in a successful $14.1 million win in a trafficking case against Signal International LLC. The suit was filed in 2008, charging that Signal used the federal government's H-2B guest-worker program to recruit Indians to work as welders and pipefitters at its facilities in Pascagoula, Mississippi, and Orange, Texas. New York-based attorneys, Alan Howard, Hugh Sandler, Amal Bouhabib, and Chiemi Suzuki, represented the five workers in this case. "The defendants exploited our clients, put their own profits over the lives of these honorable workers, and tried to deny them their day in court," Howard explains. "But they persevered and after seven long years have received the justice they so well deserve." This closely watched case was covered by a wide range of domestic and international legal and mainstream media outlets including, Law360, The New York Times, and The Times-Picayune.
Keystone Pipeline Likely Has Life After Veto
February 11, 2015 — Law360
Washington, D.C.-based senior counsel in the firm's Environment & Natural Resources Group, Robert Meyers, talks with Law360 regarding Congress' approval of the Keystone XL pipeline, which is likely going to be vetoed by President Obama. With a veto looming, Meyers offers that Congress may look at other areas, such as transmission siting and grid reliability, that don’t have the political history of Keystone and could have some reasonable prospect of success in 2015. "I imagine the House will reach out in a bipartisan manner on the type of economic issues where you can get that, as opposed to those that boil down to environmental issues," Meyers said.
Crowell Reaps Benefits of Cost Management Technology, Sees 11% PPP Growth
February 10, 2015 — National Law Journal
The National Law Journal speaks with Crowell & Moring chairman and Washington, D.C.-based partner, Kent A. Gardiner, about the growth and progression the firm has made in 2014. By investing in technological advances and an industrywide recovery, Crowell & Moring reported increases in almost all of the firm's financial metrics last year. "It's partly about us and partly about the industry," said Gardiner. "We seem to be discernibly getting past the recession. We’re not in some big bounce or big rebound, but there’s solid growth at the top of the legal market." In addition to the aforementioned advancements, the firm's legal project management program, which relies on fee plans other than the billable hour, continues to help the firm retain current clients and attract new ones as well.
Crowell Bets on Belgian Experience
February 10, 2015 — Commercial Dispute Resolution
Crowell & Moring's Brussels office is featured in an article highlighting recent partner and senior counsel appointments, as well as an overview of the practice strengths of those individuals and the office as a whole. Brussels partner and office head, Kristof Roox, praises his colleagues, saying, "Jan-Diederik [Lindeman]'s promotion and the addition of Geert [Bogaert] reinforces the strength and breadth of experience that our Brussels office offers and demonstrates our continued investment" in staff appointments. The piece also focuses on the key aspects of the Brussels office, in particular the advising and litigating experience in EU and Belgian Law, intellectual property, pharmaceuticals, and life sciences.
10 Tricky Questions To Test Your Employment Law
February 9, 2015 — Law360
Washington, D.C.-based Labor & Employment Group partner, Thomas P. Gies, is quoted in a Law360 article which touches on the diverse areas of employment law. When asked about whether or not the nation can have a "zero tolerance" policy for employee marijuana use, Gies explains, "It's a real dilemma, and I’m getting a lot of questions about that." Simply put, the fact that marijuana remains illegal at the federal level generally puts the law on the employer's side.
Details of Defense Department Legislative Proposals Released
February 6, 2015 — BNA
Washington, D.C.-based Government Contracts Group co-chair, Angela B. Styles, speaks to BNA about the Department of Defense (DOD) releasing details of several legislative proposals it will make to Congress for inclusion in the fiscal year National Defense Authorization Act. The proposals, also known as the Legislative Initiative, are part of the Better Buying Power program to improve acquisition. "If you are an acquisition reform advocate, you are thinking of reform of regulations for companies," said Styles, "That is not what you are seeing here." Styles also notes that if the proposals make it into law, they will likely help the DOD save resources.
EU Begins State Aid Investigation of Belgian Excess Profits Ruling
February 3, 2015 — Tax Analysts
Brussels-based partner, Dr. Salomé Cisnal de Ugarte, comments on the European Commission's recent announcement that is has opened an in-depth investigation into Belgian tax rulings that allowed multinational companies to reduce their Belgian taxes by claiming a deduction for excess profits that purportedly result from the "advantage" of being part of a multinational group. Cisnal de Ugarte says the commission's focus on Belgium isn't surprising, especially given the low effective tax rates that some multinational companies enjoy. "They often give very favorable tax treatment in Belgium," said Cisnal de Ugarte, "but it's too early to say whether [the program] is selective."
Trafficking Rule Raises Subcontractor Monitoring Concerns
January 28, 2015 — Law360
Washington, D.C.-based Government Contacts Group partner, Peter Eyre, talks to Law360 regarding a final rule that will tighten restrictions on human trafficking in government contracting. Under its requirements, all contractors must disclose working conditions to employees, are barred from confiscating passports or other immigration documents, must ensure that workers aren't being charged any recruitment fees, and must provide the worker with return transportation for non-nationals. "I think another big question is: 'Who pays for this?'" Eyre said. "There are some very specific obligations, both the compliance plan ... and others. But who is going to pay for that?"
Drone Law Practices Are Beginning to Take Flight
January 26, 2015 — National Law Journal
Crowell & Moring's Unmanned Aircraft Systems (UAS) practice is recognized as one of the firms in Washington, D.C. with a drone-focused practice group, a quickly growing niche in the regulatory arena. In this realm, the firms advise on new FAA regulations and fines on drone usage from commercial entities to individuals, and client compliance with existing policies. Learn more about the firm's UAS practice by clicking here.
At Some D.C. Firms, More Women Than Men Make Partner
January 19, 2015 — National Law Journal
Crowell & Moring managing partner Ellen M. Dwyer is quoted in a National Law Journal article highlighting the trend that women accounted for half or more of new partners at eight of the largest firms in Washington, D.C. This year, three of Crowell & Moring's six attorneys that were promoted to partnership were women, which Dwyer attributes to the firm's long-term campaign of making more opportunities available to women. Washington, D.C.-based tax partner, Jennifer Ray is noted as one of the firm's newly promoted partners.
Testimony Begins in Indian Worker-Trafficking Lawsuit Against Signal International
January 13, 2015 — The Times-Picayune
This article covers the start of testimony for a human trafficking case in which five Indian workers took jobs at Signal International LLC with false promises of a green card and permanent residency in the United States, but instead endured harsh living conditions and crushing debts to pay recruiters. New York-based attorneys, Alan Howard, Hugh Sandler, Amal Bouhabib, and Chiemi Suzuki, are representing the five workers in this case. "When the workers got here, they didn't get what they were promised. They didn't get green cards. What they got was trapped,” said Howard. Additional coverage of this closely wanted case was reported in several national media outlets including, The Houston Chronicle, Politico, and Bloomberg/BNA's Daily Labor Report.
Gov't Contracts Group Of The Year: Crowell & Moring
January 9, 2015 — Law360
The firm's Government Contracts Group is featured for earning Law360's "Government Contracts Group of the Year Award," highlighting the Group as a widely heralded industry go-to and noting the firm's recent wins for Lockheed Martin Corp. and BAE Systems. Washington, D.C.-based Government Contract Group co-chairs, Angela B. Styles and Daniel R. Forman, discuss with Law360 the background of the Group and the deep bench of experienced attorneys from associates to partners which sets the Group apart from others. "We have folks on our legal team who are former military personnel, former engineers and software developers, and in addition to being at the top of their game on the legal side, they can speak multiple languages and talk to both general counsel and engineers, and that's an important facet of our practice," Forman states. Styles reiterates, "We're continually able to serve clients with the right lawyer, right experience, [and] right skill set."
5 Issues Gov't Contractors Need To Know About In 2015
January 7, 2015 — Law360
Law360 highlights the firm's Government Contracts Group and the recent webinar the Group conducted titled, "What Will the New Year Bring for Government Contractors?" This article details the five issues federal contractors should pay attention to in 2015, as forecasted by Crowell & Moring attorneys in their preview of the year ahead.
Outlook 2015: Legal Challenges to Subsidies, Enrollment Among Top Issues
January 7, 2015 — Bloomberg BNA
Crowell & Moring Health Care Group attorneys, Arthur N. Lerner, Christine M. Clements, and A. Xavier Baker, discuss with Bloomberg BNA the top list of issues for 2015 as noted by the BNA's Health Insurance Report advisory board members in the annual Outlook survey. Of the top 10 issues, the question as to whether or not the Affordable Care Act (ACA) subsidies will remain the law ranks high on the list. As many agree that blanket repeal of the ACA is unlikely, Lerner believes that "They [Congress] then may try to repeal individual pieces, such as the risk sharing, the medical device tax, the individual mandate, and other elements." The article continues, touching on other potential risks for health insurers and what they should be aware of and to look out for as the year unfolds.
Q&A: Crowell & Moring's Daniel Sasse
January 6, 2015 — Global Competition Review
Head of the firm's Orange County office and partner in the firm's Antitrust Group, Daniel A. Sasse, takes part in Global Competition Review's Q&A series, and shares his views on the most compelling issues facing the competition bar both in the U.S. and abroad. Sasse touches on a number of questions ranging from what antitrust cases he is following closely, to whom he admires most in the antitrust community. When asked about which issue in antitrust he finds most interesting right now, Sasse stated, "The ability of U.S. companies to pursue damages from foreign suppliers for pricefixing on products sold in the U.S. is probably at the top of the list for those of us who spend a significant amount of our time litigating cartel cases."
Minority Powerbrokers Q&A: Crowell & Moring's Elliott Laws
January 5, 2015 — Law360
Elliott Laws, a Washington D.C.-based partner in the firm's Government Affairs and Environment & Natural Resources groups, shares his perspective on five questions about his own experiences breaking the glass ceiling in the legal industry. He also offers insight on the importance of diversity within law firms, and advice for firms looking to increase diversity within their ranks.
National Law Journal Pro Bono Hot List
January 5, 2015 — National Law Journal
Washington, D.C.-based partner Tim Means, who has won each of the four federal clemency cases he has handled, and associate Sherrie Armstrong are featured in the National Law Journal's Pro Bono Hot List for their pro bono success. Their recent notable victory came last winter, when their client, who had been sentenced to life in prison for low-level, non-violent involvement in her ex-boyfriend's drug ring, was pardoned after Means and Armstrong's diligent and persuasive work on a legal process where case law was virtually non-existent.
Labor & Employment Legislation, Regulation to Watch in 2015
January 2, 2015 — Law360
Thomas P. Gies, a Labor & Employment Group partner based in Crowell & Moring's Washington, D.C. office, talks to Law360 about the year's upcoming notable labor and employment legislation. In particular, Gies discusses the Department of Labor's efforts to revamp overtime standards under the Fair Labor Standards Act. "It would certainly generate another flood of lawsuits, and I think it's a big deal," Gies said of the overtime rule-making push.
Food & Beverage Cases to Watch In 2015
January 2, 2015 — Law360
Washington, D.C.-based Advertising & Product Risk Management Group partner John Fuson discusses one of the key food and beverage cases of 2015, Grocery Manufacturers Association et al. v. Sorrell et al, and its potential implications on federal legislation to regulate Genetically Modified Organism (GMO) labeling. "That is a really big thing to watch," Fuson said. "To some extent because that’s going on, and because other states have certainly considered so-called GMO labeling, two different bills have been introduced nationally to deal with GMO labeling."
Federal Tax Cases to Watch In 2015
January 2, 2015 — Law360
David B. Blair, a Washington, D.C.-based partner in Crowell & Moring's Tax Group, shares his thoughts on a major pricing dispute case, Amazon.com Inc. v. Commissioner of Internal Revenue, and its importance for the Internal Revenue Service (IRS). "This could be the IRS' second attempt after the Veritas case to win this issue of cost-sharing arrangements and whether a buy-in should be based on a cost-sharing method. Veritas was a big loss for the IRS," Blair noted.
Government Contracts Cases to Watch In 2015
January 2, 2015 — Law360
Stephen J. McBrady, a Washington, D.C.-based partner in Crowell & Moring's Government Contracts Group, discusses trends in government contracts litigation and their potential impacts. In particular, he notes that a recent Federal Circuit decision upholding the dismissal of an $80 billion overbilling suit against Sikorsky Aircraft Corp. may affect strategy for contractors and the government, as they can now potentially agree to toll the statute of limitations for the Contract Disputes Act, which establishes the procedures for handling claims related to federal government contracts. "Because the statute of limitations was jurisdictional, it could not be waived, or tolled my mutual agreement," McBrady said. "In that respect, Sikorsky is a game-changer."
Competition Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
Washington, D.C.-based antitrust partner Shawn R. Johnson talks to Law360 about the potential passage of a bill to align the preliminary injunction standards for mergers at the U.S. Department of Justice and the Federal Trade Commission. "It got passed out of committee in the House, but had not been taken up in the Senate. But with the new Republican leadership, I think the likelihood of getting it passed out of the Senate is much higher," Johnson said. "Even in that situation it's quite unknown whether it would end up being passed and whether there's support in the White House."
Life Sciences Cases to Watch In 2015
January 2, 2015 — Law360
Washington, D.C.-based partners, Terry Rea, of Crowell & Moring's Intellectual Property Group, and Keith J. Harrison, of the firm's Labor & Employment and Litigation groups, weigh in on two important cases in the life sciences arena. Harrison discusses Teva Pharmaceuticals USA, Inc.'s challenge of a California appellate decision that a generic-drug manufacturer can be held liable for failing to warn consumers of the side effects listed on the equivalent brand-name drug, which may potentially be taken up by the U.S. Supreme Court. "This is going to be a case that is going to further define the scope of federal preemption," Harrison said. Additionally, Rea talks about the Cuozzo Speed Technologies LLC suit, which argues that the Patent Trial and Appeal Board uses the incorrect standard during America Invents Act (AIA) proceedings, making it difficult for inventors to retain their patents. "Everybody is going to be very, very careful how they handle this [case]," Rea said of the suit, which may upend new IPR standards.
Competition Cases to Watch In 2015
January 2, 2015 — Law360
Shari Ross Lahlou, a Washington, D.C.-based partner in the firm's Antitrust and Litigation groups, talks to Law360 about two notable antitrust and employment cases to watch in the upcoming year, including the NCAA's appeal of a California district's ruling blocking the NCAA's ban on student-athlete compensation. Lahlou said of the unusual nature of the district court's opinion, "The court dictated what the payment should be and how to deal with it, and I'm not sure what that was based on. It was really kind of novel."
Government Contracts Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
Washington, D.C.-based Government Contracts partner, Peter Eyre, discusses the potential impact of executive orders on the government contracts industry, including a 2012 order that will recruit federal contractors in U.S. efforts to fight labor trafficking at home and abroad. "That proposal came out months ago. That is now, as far as we can tell, ready to come out in final form. Because of the compliance requirements of that rule, it's something that will get a lot of attention," Eyre said.
Patent Cases to Watch In 2015
January 2, 2015 — Law360
Brian M. Koide, a Washington, D.C.-based partner in Crowell & Moring’s Intellectual Property Group, discusses the significance of Teva Pharmaceuticals USA Inc. v. Sandoz Inc., a key claim construction case in which Teva is appealing a Federal Circuit decision invalidating its patents on the multiple sclerosis drug Copaxone after a district court found them valid. A new standard that makes it more difficult for the appeals court to reverse claim construction decisions could "change the dynamic of how cases are litigated," Koide said.
Patent Legislation to Watch In 2015
January 2, 2015 — Law360
Terry Rea, a Washington, D.C.-based partner in the firm's Intellectual Property Group, comments on patent reform legislation in Congress pertaining to fee-shifting and other issues. Rea notes that while Congress appears to be eager to take action to curb abusive litigation, "there's an increased awareness of the need to do it delicately and with a proper balance. Congress has an appreciation of the fact that any legislation cannot be overarching, because there will be unintended consequences," she said.
Automotive Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
Robert Meyers, Washington, D.C.-based senior counsel in the firm's Environment & Natural Resources Group, discusses potential new fuel economy regulations after record Clean Air Act fines were levied last year for greenhouse gas emission and fuel economy reporting violations. "In broad brush, I think this is a signal of increasing scrutiny, and I would attribute some of it to the fact of the suggested rulemaking," Meyers said.
Life Sciences Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360
John Fuson, a Washington, D.C.-based partner in Crowell & Moring's Advertising & Product Risk Management Group, discusses potential legislative changes in the life sciences sector in the upcoming year, including a possible repeal of the Affordable Care Act Medical Device Tax. Fuson also discusses the FDA's intent to regulate laboratory developed tests, noting, "This is a segment of the health care industry that has resisted oversight from the FDA. I'm sure that the agency is going to get a lot of feedback."
GCR 100 – 15th Edition
December 2014 — Global Competition Review
Crowell & Moring's Antitrust Group has been recognized as "highly recommended" in Global Competition Review's (GCR) 15th edition of the "GCR 100: The World's Leading Competition Practices." The report highlights the group's 2014 success in all facets of the practice, including advising on in-depth merger investigations and prevailing in a dozen dispositive motions in litigations. The Washington, D.C. and New York based teams are specifically cited for three pillars of their practice, including big-ticket merger work, criminal cartel investigations, and civil antitrust litigation. The editors note the strength of the group can be seen through their Fortune 500 clients including, AT&T, DaVita, and Amazon.
@Work Advice: Health, Welfare and Obamacare
December 31, 2014 — The Washington Post Magazine
Washington, D.C.-based counsel and member of the firm's ERISA & Employee Benefits Group, Joel D. Wood, provides insightful background for a weekly Washington Post Magazine column touching on issues regarding health insurance, welfare, and Obamacare in the workplace.
Crowell & Moring Identifies Three Phases of CPP Consulting
December 2014 — Climate Change Business Journal
Washington, D.C.-based counsel and member of the firm's Energy Group, Cameron Prell, shares his views regarding the consulting efforts related to the Clean Power Plan (CPP), which establishes state-by-state carbon emissions rate reduction targets, and offers a flexible framework under which states may meet those targets. Prell explains his belief that the CPP consulting work will unfold in three phases and says "Utilities, independent power producers, and even public sector agencies are reaching out for counsel."
Big Business Gets Generous
December 21, 2014 — Washington Post
Crowell & Moring's Washington, D.C. office is featured in the Washington Post for dedicating time and efforts to charitable organizations throughout 2014. In addition to 23,000 hours of pro bono legal services, the firm's lawyers and staff joined together to celebrate the firm's 35th anniversary by participating in several volunteer service days throughout the year that supported local charities.