Bancroft Partner Paul Clement Argues on Behalf of Ty Warner

On September 17, 2014, oral argument was heard in the U.S. Court of Appeals for the Seventh Circuit over whether a district court abused its discretion by sentencing Ty Warner, the creator of Beanie Babies, to probation and community service, in addition to paying back taxes plus interest and $50 million civil penalty, for a single count of tax evasion in connection with failure to disclose a foreign bank account. Bancroft partner Paul Clement, who argued on behalf of Mr. Warner, asserted that the district court acted well within its discretion in concluding that Mr. Warner’s unique personal history and characteristics made a sentence of probation—the sentence most commonly imposed in offshore account cases—appropriate. Bancroft partner Erin Murphy also serves as counsel in the case.

Jason Keyser, Beanie Babies Creator’s Sentence Debated in Court, Associated Press (September 17, 2014)

Bancroft Partner Viet Dinh Testifies Before U.S. Senate on D.C. Statehood

On September 15, 2014, Bancroft partner Viet Dinh testified before the U.S. Senate Committee on Homeland Security and Governmental Affairs on the constitutionality of S. 132, the New Columbia Admission Act. The act would grant full statehood to the District of Columbia, while preserving a reduced federal district containing the White House, the Capitol, the National Mall, and various monuments and federal government buildings. Dinh testified that the bill is constitutional as it violates neither the New States Clause, the District Clause, nor the Twenty-Third Amendment of the U.S. Constitution and does not require the consent of the State of Maryland. Dinh concluded, in all events, that the courts would likely not rule on the bill’s constitutionality, but would defer to Congress by finding this a political question.

Prepared Statement

Bancroft Partner Erin Murphy Named One of D.C.’s Rising Stars by National Law Journal

On September 15, 2014, the National Law Journal named Bancroft partner Erin Murphy to the “D.C.’s Rising Stars” list. She was singled out for her victory in McCutcheon, as well as her work in Aereo and Bond. The Journal felt inclined to point out that Ms. Murphy argued and won her first Supreme Court case at age 33.

The National Law Journal’s DC’s Rising Stars: Erin Murphy, National Law Journal (September 15, 2014)

Bancroft Named One of the “Best Appellate Law Firms” by Chambers & Partners

In September of 2014, Bancroft was named one of the best appellate law firms by Chambers & Partners.  Highlighting the firm’s “strong reputation for handling high-profile matters,” the award focuses on Bancroft’s success in American Broadcasting Companies v. Aereo and Burwell v. Hobby Lobby.  Bancroft partners Paul Clement and Erin Murphy are ranked as notable practitioners, with a client stating that Clement “has an extraordinary intellect and ability to analyze complicated situations and explain them very simply.”

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 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)