Bloomberg Businessweek Highlights Bancroft Partner Chris Bartolomucci’s Involvement in SEC Challenge

On August 8, 2014, Bloomberg Businessweek reported on the legal challenge to the SEC’s “Pay to Play” rule, which prohibits investment advisers from providing advisory services for compensation to a government client for two years after the adviser or associated parties contribute to certain elected officials or candidates. Bloomberg reports that the success of the challenge could significantly impact the fundraising ability of state officials running for federal office.  Bancroft partner Chris Bartolomucci represents the New York Republican State Committee and Tennessee Republican Party in the challenge to the SEC rule.

Robert Schmidt, Wall Street Campaign-Cash Restrictions Face Legal Attack, Bloomberg Businessweek (August 8, 2014)

Fortune Magazine Profiles Bancroft Partner Paul Clement’s Representation of International Franchise Association

On August 14, 2014, Fortune magazine profiled Bancroft partner Paul Clement and his representation of the International Franchise Association in a challenge to elements of Seattle’s minimum wage ordinance.  Clement states in the article: “[A]lthough Seattle is in the headlines because this law gives them the highest minimum [w]age in the land, the legal challenge is not over the simple fact that they raised the minimum wage above the national standard; the lawsuit really focuses in on the discriminatory treatment of franchise businesses.”

Claire Zillman, Supreme Court Ace Challenges America’s Highest Minimum Wage, Fortune (August 14, 2014)

Bancroft Attorneys Secure $500 Million Reversal in Second Circuit

On July 22, 2014, Bancroft secured a unanimous victory in the United States Court of Appeals for the Second Circuit in Asbestos Personal Injury Plaintiffs v. The Travelers Indemnity Company, No. 12-1094. Reversing a February 2012 decision by the U.S. District Court for the Southern District of New York, the Second Circuit ordered Travelers Cos. to pay more than $500 million to people who suffered from asbestos-related diseases. The settlement stemmed from Travelers’ insurance of the bankrupt Johns-Manville Corporation, an insulation manufacturer, which the plaintiffs believe exposed them to asbestos. The Second Circuit’s ruling reinstates a 2011 U.S. Bankruptcy Court decision in favor of the claimants.

Jonathan Stempel, UPDATE 2-Travelers Ordered to Pay over $500 mln in Asbestos Case, Reuters (July 22, 2014)

Bancroft Secures Unanimous Victory in Ralls Corp. v. CFIUS

On July 15, 2014, Bancroft secured a unanimous victory for Ralls Corporation in the United States Court of Appeals for the District of Columbia Circuit in Ralls Corp. v. Committee on Foreign Investment in the United States, No. 13-5315.  The D.C. Circuit held that Ralls’ due process rights were violated when the President, citing only unspecified “national security” concerns, issued an order under Section 721 of the Defense Production Act prohibiting Ralls from acquiring four small windfarms in Oregon and requiring Ralls to destroy property it had previously constructed.  The court also held that Ralls may challenge earlier orders issued by the Committee on Foreign Investment in the United States (CFIUS) as violating the Due Process Clause and the Administrative Procedure Act.

Bancroft Lauded for 5-1 Record Before Supreme Court Last Term

On July 8, 2014, Law 360 applauded Bancroft for its impressive 5-1 record before the U.S. Supreme Court last term. The article also named Bancroft partner Paul Clement as the term’s biggest single winner, calling him “a one-man wrecking crew” for his 4-1 record in the last year and singling out his victory in Burwell v. Hobby Lobby.

Jake Simpson, Jones Day, WilmerHale, Bancroft Clean Up At High Court, Law360 (July 8, 2014)

Law360: Bancroft ‘Legal Lion’ of the Week

On July 3, 2014, Law360 named Bancroft one of the ‘Legal Lions’ of the week after securing “a groundbreaking victory” and “dealing a major blow to the Affordable Care Act” in Burwell v. Hobby Lobby. The article credits the Bancroft team of Paul Clement and Michael McGinley as well as co-counsel from the Becket Fund for Religious Liberty and others.

Jake Simpson, Law360′s Weekly Verdict: Legal Lions & Lambs, Law360 (July 3, 2014)

Erin Murphy Featured in National Law Journal Article ‘Understudies Take Stage at Supreme Court’

On July 7, 2014, Bancroft partner Erin Murphy was featured in a National Law Journal piece on first-time advocates before the Supreme Court during its last term. The article discusses her argument and victory in the “marquee” campaign finance case, McCutcheon v. FEC, and the support she received from Bancroft partner Paul Clement in getting the opportunity.

Tony Mauro, Understudies Take Stage at Supreme Court, The National Law Journal (July 7, 2014)

Paul Clement Named ‘Litigator of the Week’ by Litigation Daily

On July 6, 2014, the ALM Litigation Daily named Bancroft partner Paul Clement ‘Litigator of the Week’ after major victories last week in Burwell v. Hobby Lobby and American Broadcasting Companies v. Aereo before the U.S. Supreme Court. The article notes the victories “cap[] one of Clement’s best Supreme Court terms in years” after he secured victories in four of the five cases he argued this term.

Jan Wolfe, Litigator of the Week: Paul Clement of Bancroft, Litigation Daily (July 6, 2014)

Burwell v. Hobby Lobby

On June 30, 2014, Bancroft attorneys Paul D. Clement and Michael H. McGinley secured a victory in the Supreme Court of the United States for the companies in Burwell v. Hobby Lobby Stores, Inc., No. 13-354, and Conestoga Wood Specialties Corp. v. Burwell, No. 13-356.  The question presented in the consolidated cases was whether the Department of Health and Human Services’ contraception mandate violates the companies’ rights under the Religious Freedom Restoration Act of 1993 (RFRA) or the First Amendment.  The companies’ owners operate their businesses according to deeply held religious beliefs that prohibit them from providing health care coverage for abortion-causing drugs and devices, including four out of the twenty mandated contraceptives.  The Supreme Court held that RFRA protects the companies’ religious free exercise rights and that the contraceptive mandate violates RFRA.

Supreme Court Opinion
Merits Brief for Respondents
Certiorari Brief for Respondents

American Broadcasting Companies v. Aereo

On June 25, 2014, Bancroft attorneys Paul D. Clement, Erin E. Murphy, and Barbara A. Smith secured a victory in the Supreme Court of the United States on behalf of petitioners (television producers, marketers, distributors, and broadcasters) in American Broadcasting Companies, Inc., et. al. v. Aereo, Inc., No. 13-461.  By a vote of 6-3, the Court ruled against Respondent Aereo, which is in the business of capturing over-the-air television broadcasts and retransmitting them over the internet for profit to tens of thousands of public members without permission from underlying copyright holders.  The Court held that Aereo “performs” petitioners’ works “publicly” within the meaning of the Transmit Clause, in violation of the Copyright Act.”

Supreme Court Opinion
Petition for Writ of Certiorari

 

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