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November 17, 2021 – The Daily Journal* has published its “Top Antitrust Lawyers 2021” feature. Partners Jason Murray, co-chair of the Antitrust & Competition Group and managing partner of the Los Angeles office, and Chahira Solh, member of the firm’s Management Board and managing partner of the Orange County office, are among the legal industry leaders profiled in this annual survey. *subscription required

November 16, 2021 Law360 Pulse* features an interview with Glen McGorty, managing partner of the New York office. McGorty discusses how he developed the growth of the office, the strategy for its continued growth in 2022, what differentiates Crowell & Moring’s culture from its competitors, and how the firm—and the New York office—are working to ensure its attorneys are diverse and have equal access to advancement opportunities (“Crowell & Moring's Plans for Continued Growth in New York”). *subscription required

November 16, 2021 Law360 quotes Environment & Natural Resources partner Amanda Berman in connection with the U.S. Court of International Trade striking down the Trump administration’s third attempt to reinstate emergency tariffs on bifacial solar panel imports (Solar Energy Industries Association et al. v. U.S. et al., case number 20-03941). According to Berman, the Court recognized the unlawful nature of President Trump’s re-imposition of tariffs on these solar panels, and that the government must stay within the bounds of the authority given to it by Congress when it acts to impose tariffs or otherwise. Crowell & Moring represented Invenergy Renewables in the case (“CIT Strikes Down Expansion of Solar Safeguard Tariffs”).

November 15, 2021 – Partner Paul Mourning, co-chair of the Health Care Group, speaks with Skilled Nursing News regarding state licensing procedures tying up skilled nursing facility construction and transactions due to an application backlogs during the early months of the pandemic. Although cautiously optimistic that there’s “light at the end of the tunnel,” Mourning says the backup of applications—required in several states to build any health care facility or transfer ownership—has caused a lot of anxiety among skilled nursing dealmakers (“Nursing Home Construction, Transactions Up Against Procedural Backlogs”).

November 11, 2021Business Insider* quotes Don Smith, chief talent and inclusion officer, regarding importance of transparency for the firm and using the Mansfield Rule along with its own inclusion standards. Smith says the firm wants people to understand their role, the firm’s economics, their business development, and their opportunities to be leaders and actively engaged  (“Some Big Law Firms Are All But Promising Partnerships to Recruit Young Attorneys of Color During the Associate Hiring Frenzy”). *subscription required

November 10, 2021 Skilled Nursing News speaks with partner health care partner Brian McGovern, who observes that some compliance experts believe the timing is right to shine a light on financial expenses and “opaque forms of ownership” while the nursing home industry is top-of-mind due to the pandemic. McGovern points out that legislators and governors need to demonstrate that they are acting on behalf of residents and their families, a trend that might make new ownership through private equity more difficult (“Financial Transparency Legislation May Impact Nursing Home M&A, Operations").

November 10, 2021  Global Competition Review* quotes Brussels partner Karel Bourgeois regarding the EU General Court upholding the European Commission’s Google Shopping ruling. Bourgeois says the General Court’s rejection of the strict refusal to supply test appears to have effectively established self-preferencing as an independent type of abuse, specifically, a form of abusive leveraging (“Google Shopping Win "Vindicates EU's Digital Focus, Lawyers Say”). *subscription required 

November 10, 2021Law360 speaks with Laura Foggan, chair of the Insurance/Reinsurance Group regarding the Tenth Circuit becoming the latest federal appeals court to hear oral arguments in a suit over denied coverage for COVID-19 business interruption losses. Foggan says that these are issues on which a large number of federal and state courts have ruled in favor of the insurers, recognizing the importance of giving meaning to the words “direct” and “physical.” She notes that these words modify both “loss” and “damage,” making clear that financial losses from governmental restrictions such as those following COVID-19 are not covered by property policies (“10th Circ. Next Up to Hear If COVID-19 Losses Are Covered”).

November 8, 2021 The National Law Journal* quotes Chicago partner Bill Frankel and New York counsel Preetha Chakrabarti regarding a copyright registration case being argued before the U.S. Supreme Court (Unicolors v. H&M Hennes & Mauritz). Frankel observes that the Court seems inclined to agree with Unicolors and the government, and would read a recent amendment to the Copyright Act as requiring reasonable and actual knowledge. Chakrabarti agrees, saying that while this would be frustrating for those beleaguered by copyright trolls, it would be encouraging for artists and designers who rely on copyright registrations to protect their rights (“SCOTUS Justices Brush Aside 'Troll' Concerns in Copyright Registration Case”). *subscription required

November 8, 2021 The Peninsula features the first anniversary of the firm’s Doha office, which was celebrated at an event attended by the firm’s senior leadership, clients, and guests that included the British Ambassador to Qatar and the Senior Commercial Officer at the U.S. Embassy in Doha. Firm chair Phil Inglima remarked that Qatar is a strategic center for the expansion of the firm’s global infrastructure practice and plays to strengths in other practice areas. Doha managing partner Charbel Maakaron said the achievements of the team in Doha are a testament to the firm’s commitment to Qatar and its efforts to position the nation as a thriving regional business hub (”Crowell & Moring Marks First Anniversary in Doha”).

November 5, 2021 Law360 speaks with partner Kate Growley regarding the U.S. Department of Defense’s proposed overhaul to its cybersecurity requirements for defense contractors and subcontractors. According to Growley, while CMMC 2.0 somewhat simplifies a complex certification process, self-assessments bring subjective interpretation into what are often deliberately vague standards being applied in a confusing and complex context (“DOD's Cybersecurity Overhaul Creates New FCA Risk”).

November 5, 2021TheRealDeal cites a letter to a federal judge from partner Glen McGorty, a former federal prosecutor and the court-appointed monitor for the NYC District Council of Carpenters, regarding the results of an investigation into accusations that a former union leader had impermissible contact with someone who had previously been accused of ties to the Columbo crime family. The letter, which was filed in federal court, notes that the monitor rarely issues public statements about a confidential investigation, but made an exception in this case because it “significantly impacts the District Council and its members.” (“Mob Hazard? Union Officer Retires After Golf Event with "Barred" Person”)

November 4, 2021Reuters TV  interviews Corporate Group co-chair Bryan Brewer regarding the supply chain troubles caused by the pandemic. The ongoing problems have lawyers checking contracts and pushing better communication to resolve issues (“Supply Chain Woes Put Spotlight on Contracts”).

November 2, 2021Global Investigations Review* speaks with partner Josh Pond, co-leader of the ITC & 337 Litigation practice, regarding the ITC becoming an increasingly popular option for companies looking to resolve trade secret theft disputes. Pond points to the high-profile case involving South Korean multinational LG Chem’s complaint against local rival SK Innovation for stealing confidential information— coupled with the public nature and importance of that ruling—as an important factor in the rapid increase (“International Trade Commission's Trade Secret Theft Caseload Grows”). *subscription required

November 1, 2021 – Bloomberg Law* quotes counsel Michelle Coleman regarding the new guidelines federal contractors have received that clarify pressing compliance and implementation questions ahead of the December 8 effective date for the vaccine mandate. Coleman says that depending on how corporate affiliates are controlled, this new guidance removes any flexibility to find ways to treat employees of these affiliates as “visitors” to a covered workplace if they were not working on or in connection with a covered contract (“Vaccine Mandate Task Force Answers More Contractor Questions”). *subscription required

October 29, 2021The Wall Street Journal* quotes partner Alexis Gilman, former Assistant Director of the Mergers IV Division at the FTC, regarding the FTC’s policy changes coming in a period of high M&A activity, raising new questions about whether companies can get their transactions approved and how long it will take to do so. Gilman observes that the new prior-approval policy effectively shifts the burden to merging companies to show their deal isn’t unlawful, rather than the FTC having to prove a merger is anticompetitive (“New Policy gives FTC Greater Control Over How Companies Do M&A”). *subscription required

October 26, 2021 Law360 Pulse* speaks with partner Preston Pugh about what general counsel need to know about monitorships. Pugh says the most important thing the GC can do is to think about costs, cooperate, and understand that a monitor’s job is not to relitigate the case. He adds that the GC can help pave the way for the monitor by opening communications and establishing access to materials and witnesses (“What General Counsel Should Know About Monitorships”). *subscription required

October 25, 2021Bloomberg Law quotes partner Christopher Cole, co-chair of the Technology & Brand Protection Group, regarding Facebook CEO Mark Zuckerberg being summoned to court by D.C. Attorney General Karl Racine in connection with a lawsuit suing  Facebook for allegedly mishandling personal user information transferred to Cambridge Analytica. According to Cole, courts are typically reluctant to add directors of corporations who enjoy certain liability protections under the law, and Racine’s office will have to “draw a very bright red line.” (“Court Testimony Looms for Zuckerberg in Cambridge Analytica Case”)

October 25, 2021 Law360 quotes former FinCEN chief counsel Carlton Greene, a partner in the White Collar & Regulatory Enforcement Group, regarding the agency still being chronically under resourced compared to other financial regulators. Greene says having more staff would enable FinCEN to ensure more consistent enforcement of the requirements of the AML laws and a greater impact on enforcement writ large, important for developing spaces like virtual currency and allowing for quicker responses (“20 Years After the Patriot Act FinCEN Still Has Room to Grow”).

October 24, 2021 – The launch of the firm’s Denver office is featured in The Denver Gazette (“Metro Moves”) and Law Week Colorado (“Crowell & Moring Opens in Denver with Plans to Grow”).

October 21, 2021 – The Penisula, Qatar’s daily newspaper, highlights the Doha office receiving the “2021 Qatar Practical Guidance Award” from LexisNexis Middle East. Crowell & Moring was the only law firm to with this year’s Practical Guidance Award, which recognizes editorial contributions to LexisNexis Middle East publications. Charbel Maakaron, managing partner of the Doha office, accepted the award (“Crowell & Moring Receives Qatar Practical Guidance Award by LexisNexis Middle East”).

October 15, 2021 – The firm’s launch in Denver is featured in Bloomberg Law (“Crowell & Moring Hires Four Women to Open Denver Office”), Reuters (“Crowell & Moring Launches in Denver with Seven-Lawyer Team”), The National Law Journal (“Crowell Launches Denver Office, Tapping Deep Into Local Talent Pool”) Law360 Pulse (subscription required: “Crowell & Moring Opens in Denver, Hires 4 Attorneys”), BizWest*(subscription required: “International Law Firms Opens Denver Office”) and The Global Legal Post [“Crowell & Moring to Launch in Denver with Seven-Lawyer Team”].

October 11, 2021 – The New York Times speaks with partner Michael Atkinson, former chief watchdog of the nation’s 17 intelligence agencies, regarding the case involving the couple accused of attempting to sell some of America’s most closely guarded submarine propulsion secrets. Atkinson says it was very unusual for a foreign country to allow its embassy or other facility to be used to send a signal to a suspect being pursued by the F.B.I., noting that the country’s willingness to do so suggests its cooperation with the U.S. throughout the investigation. (“A Babysitter and a Band-Aid Wrapper: Inside the Submarine Spy Case”)

October 6, 2021 – New York Law Journal* features a profile of partner Jennifer Grady, co-chair of the Corporate Group, as a 2021 Distinguished Leader. Grady, the former managing partner of storied Wall Street boutique Kibbe & Orbe, has been recognized for leading that firm through the uncertainty and tremendous challenges of 2020, and for spearheading her team’s completion of a successful combination with Crowell & Moring (“Distinguished Leader: Jennifer Grady”). 

October 5, quotes labor & employment senior counsel Glenn Grant regarding the patchwork of emerging state marijuana laws difficulties, which are making it significantly more difficult for employers to create and enforce uniform drug-testing policies consistent with the laws in all of the jurisdictions in which they operate (“What Is a 'Safety-Sensitive' Job Under State Marijuana Laws?”).

October 4, 2021 Corporate Crime Reporter features an interview with New York partner Rebecca Ricigliano, a former federal prosecutor, who discusses why now is the time for compliance and legal departments and C suites to see whether there are vulnerabilities in their compliance programs and invest wisely in those internal controls. According to Ricigliano, people should not anticipate the recent slack in corporate crime enforcement will continue—everyone expects an uptick in scrutiny (“Crowell & Moring Partner Rebecca Ricigliano on the Calm Before the Enforcement Storm”).

October 4, 2021 – Partner Laura Foggan, chair of the Insurance/Reinsurance Group, speaks with Law360 regarding important holdings that came out of two recent rulings from the Ninth Circuit. Foggan notes the decision in Chattanooga Professional Baseball LLC v. National Casualty Co. found the virus exclusion applicable under all possible standards of causation, and the significance of the panel’s findings in Mudpie Inc. v. Travelers Casualty Insurance—that loss of property is not synonymous with physical loss or damage and direct physical loss or damage requires actual damage to a property (“Policyholders Hopeful Despite 9th Circ. COVID-19 Losses”).

October 4, 2021 – The Recorder* speaks with litigation partner Gregory Call, former head of the San Francisco office and member of the firm’s Management Board, regarding how COVID-19 continues to shape who serves on juries and how those jurors are voting and that courts are not interested in forcing people into jury service, for a variety of reasons. He goes on to discuss how political party affiliations are not necessarily a factor in commercial dispute cases and that it’s not clear how this stage of the pandemic will play into jurors’ susceptibility to being persuaded something unfair is going on (“Trial Consultants, Litigators Reveal Who's Willing to Serve on Juries at This Stage of the Pandemic - And How They are Voting”). *subscription required

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