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National Law Journal

Justices Shut Down American's Fight for Noncitizen Spouse's Visa

The U.S. citizen failed to show her spouse's right to a visa is "deeply rooted in this Nation's history and tradition," Justice Amy Coney Barrett wrote for the majority. "In fact, Congress's longstanding regulation of spousal admissibility immigration ... cuts the other way."
4 minute read

National Law Journal

High Court Revives Confrontation Clause Claim Over 'Substitute Expert'

"When an expert conveys an absent analyst's statements in support of his opinion, and the statements provide that support only if true, then the statements come into evidence for their truth," Justice Elena Kagan wrote for the court.
4 minute read

National Law Journal

FTC's War on 'Dark Patterns' Derives From Years Opposing Deceptive Practices, Ex-Agency Leaders Say

"Sellers have always been trying to make consumers stay as customers and will go to great lengths to make it difficult for consumers to simply want to quit the company," said David Vladeck, former director of the FTC's Bureau of Consumer Protection.
4 minute read

National Law Journal

With Big Law Backing, TikTok Tells DC Circuit Law Forcing Ban or Sale Violates Free Speech

"No one would doubt the burden on protected speech if Congress ordered the Sulzberger family to sell The New York Times," TikTok's attorneys wrote. "The same is true of the government dictating the sale of TikTok, one of the country's largest media platforms."
4 minute read

National Law Journal

Morrison Foerster, Gibson Dunn, DLA Piper, McGlinchey Bring on DC Lateral Partners

Law firms added laterals in their public company advisory and governance, white-collar, tax and energy groups.
3 minute read

National Law Journal

Justices Say 5th Circuit Erred in Retaliatory Arrest Case, Read Precedent Too Narrowly

Supreme Court precedent holds probable cause generally defeats a First Amendment claim for retaliatory arrest. But an exception exists when evidence shows "similarly situated" individuals would be treated differently by police.
4 minute read

National Law Journal

Pa. US District Court Nominee Touts Phila. Legal Community Support

"Everyone has been encouraging me to do this, because they believe I can do it, they believe I can be a good judge," Henry, a career public defender, said during her nomination hearing. "I am thrilled at even being considered for this position."
4 minute read

National Law Journal

High Court Says Testimony About 'Most' Drug Mules Not Against the Rules

In its 6-3 ruling, the Supreme Court rejected the argument that such testimony violated Federal Rule of Evidence 704(b), which prohibits experts from testifying about a defendant's mental state when such knowledge is an element of the crime.
4 minute read

National Law Journal

Justices Call Malicious Prosecution Charge-by-Charge Inquiry, Marking Victory for Plaintiffs

A lower court had held that a malicious prosecution could not be brought because police had obtained probable cause for two of the three criminal charges against the plaintiff.
3 minute read

Corporate Counsel

FTC Strikes Back at MGM for Fighting Its Probe of Massive Cyberattack

In one line of attack, MGM is seeking to disqualify FTC Chair Lina Khan, who was staying at the company's Las Vegas hotel when the hackers struck and, because of the disruption, was asked by a front desk clerk to write her credit card number on a piece of paper.
4 minute read

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