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Mike Scarcella

Mike Scarcella

Mike Scarcella is a senior editor in Washington on ALM Media's regulatory desk. Contact him at [email protected]. On Twitter: @MikeScarcella. Mike works on a slate of newsletters: Supreme Court Brief | Higher Law | Compliance Hot Spots | Labor of Law.

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July 09, 2018 | National Law Journal

Chipotle, Texas and Nevada Defend Sanctions Against Plaintiffs Firms in Labor Suit

The three plaintiffs firms, Nevada and Texas said in their Fifth Circuit brief, "should have to take the bitter with the sweet—if they want to piggyback on a rule issued by a federal agency, then they should not be allowed to complain that an injunction against that agency involving that rule affects them also."

By Mike Scarcella

1 minute read

July 05, 2018 | New York Law Journal

What's in Geoffrey Berman's US Attorney Financial Disclosure? Now We Know.

Geoffrey Berman's disclosure provides a peek into the compensation scheme at one of the country's largest law firms and a broad picture of the client relationships the former white-collar defender left behind when he took over one of the most visible U.S. attorney offices in the country.

By Mike Scarcella | C. Ryan Barber

6 minute read

July 02, 2018 | National Law Journal

US Chamber's Top Appellate Lawyer Joins Plaintiff-Side Litigation Boutique

Warren Postman, a former Jones Day associate and Justice David Souter law clerk, had held litigation roles at the U.S. Chamber since 2014. His partnership at Keller Lenkner puts him on the plaintiffs side advocating for class actions, not fighting them.

By Mike Scarcella | Ryan Lovelace

1 minute read

June 29, 2018 | National Law Journal

Marketing Analyst Who Gave Trump the Finger Loses Suit Over Her Firing

The photo of Juli Briskman giving the president the bird rocketed around the web and late-night TV. Attorneys for Akima LLC and Briskman argued Friday in Virginia court over whether the company's termination violated the public policy exception of Virginia's at-will employment scheme.

By Erin Mulvaney

4 minute read

June 28, 2018 | National Law Journal

LGBT Workplace Cases Arrive at SCOTUS as Kennedy Punches Out

“It's not a right versus left, conservative versus liberal issue,” Seyfarth Shaw's Sam Schwartz-Fenwick said. “It will be about the specific question that is presented.”

By Erin Mulvaney

6 minute read

June 27, 2018 | National Law Journal

The Justices' Statements: Kennedy 'Earned a Rousing Bravo,' RBG Says

"For the good he has done during the 43 years he has served as a member of the federal judiciary, he has earned a rousing Bravo," Justice Ruth Bader Ginsburg says. Read the statements from the justices about the retirement of Anthony Kennedy.

By Mike Scarcella

1 minute read

June 27, 2018 | National Law Journal

Kennedy's Travel Ban Concurrence Was 'Slap on Wrist' for Trump: Marcia Coyle

"I sort of characterize it as a slap on the wrist, because he spoke directly about religious tolerance and how important it was for government officials to address religious tolerance, support religious tolerance, not only within our borders, but as a nation that leads the world," Marcia Coyle, chief Washington correspondent at NLJ, said on a "PBS NewsHour" appearance.

By ALM Staff

1 minute read

June 25, 2018 | National Law Journal

Company Defends Firing Employee Who Flipped Off Trump's Motorcade

"Akima is not a governmental entity—it is a private company," the company's lawyers at Virginia-based IslerDare wrote in court papers asking a judge to dismiss the claims. "Therefore, Akima's termination of plaintiff's employment cannot possibly violate free speech clauses in the U.S. or Virginia Constitution."

By Erin Mulvaney

4 minute read

June 22, 2018 | National Law Journal

US Justice Dept. Resists Broad 'Special Prosecutor' in Arpaio's Contempt Appeal

"The separation-of-powers concern would be particularly severe if the special prosecutor were able to challenge the validity of the pardon itself," Justice Department lawyers said in their court filing in the Ninth Circuit. The government is backing Arpaio's bid to vacate his criminal contempt conviction.

By Mike Scarcella

4 minute read

June 21, 2018 | Legaltech News

FTC's Limited Data Privacy Power Makes Its New Chair 'Nervous'

What's the agency planning on that front? Self-reflection at the Federal Trade Commission, and other highlights from the agency's new leader.

By Mike Scarcella

2 minute read