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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)

On April 9, 2014, as reported by the National Law Journal, Zac Hudson argued in Hinds v. Holder, before the First Circuit Court of Appeals, that deportation is a penalty that must be weighed in proportion to the crime committed.  Specifically, the statutory provision tasking immigration judges with deciding whether an alien is removable from the United States must be read to prohibit the entry of removal orders that would otherwise raise serious due process problems.  Hudson told the Court that removal orders that amounted to unduly harsh penalties and had tragic consequences would raise serious constitutional questions, and that in order to avoid those problems the statutory provision at issue should be construed so as to bar removal orders in certain exceptional cases.  Hudson explained that the plight of Bancroft pro bono client Rogelio Blackman Hinds proved the point.  Mr. Blackman is 59, has lawfully resided in the U.S. for nearly 40 years, is married to a U.S. citizen and has five U.S. citizen children (one is severely mentally and physically handicapped), served this country honorably as a U.S. Marine, and suffers from several health issues that are likely the result of his military service.

Hudson’s arguments received substantial amicus support, including from the Center for Constitutional Rights, the American Immigration Council, the Post-Deportation Human Rights Project at Boston College, the American Civil Liberties Union, and several law professors.

Sheri Qualters, Court Weighs Whether Deportation Fits Crime, The National Law Journal (April 9, 2014)

On April 3, 2014, Law360 named Bancroft one of the ‘Legal Lions’ of the week after securing victory in two major U.S. Supreme Court cases in one day. Describing Bancroft as an “Appellate titan,” the article details Bancroft’s wins in both Northwest  v. Ginsberg and McCutcheon v. FEC.

Brian Mahoney, Law360′s Weekly Verdict: Legal Lions & Lambs, Law360 (April 3, 2014)

On April 3, 2014, the ALM Litigation Daily reported on Bancroft’s recent victory in the Fourth Circuit Court of Appeals in DuPont v. Kolon, No. 12-1260. Dubbed a “big win [for] appellate ace Paul Clement of Bancroft PLLC,” the decision vacated a $919 million jury verdict and ordered a new trial because the district court had improperly excluded critical evidence showing that the claimed “trade secrets” actually involved publicly available information.

Jan Wolfe, Kolon Escapes $919 Million Verdict in Battle With DuPont, Litigation Daily (April 3, 2014)

On April 3, 2014, the ALM Litigation Daily named Bancroft partner Erin Murphy ‘Litigator of the Week’ after she secured a major victory in the U.S. Supreme Court earlier in the week in McCutcheon v. FEC. Last fall, in her first argument at the high court, Murphy made the case that the federal limits on an individual’s aggregate campaign contributions violate the First Amendment. The court agreed, giving Murphy her first win in a high-profile case that has sparked widespread public debate.

Jan Wolfe, Litigator of the Week: Erin Murphy of Bancroft, Litigation Daily (April 3, 2014)

On March 21, 2014, Bancroft partner Paul D. Clement  was featured in a PBS piece on a landmark case before the Supreme Court, Hobby Lobby v. Sebelius, before arguing the case to the high court later that week. PBS cites Clement as ”an experienced Supreme Court advocate, who, as Solicitor General in the Bush administration, argued some of the government’s most weighty cases.”

Contraception Mandate, PBS (March 21, 2014)

On January 31, 2014, Georgetown Law reported on Bancroft partner Erin Murphy’s participation as a panelist on the Supreme Court Institute’s 2013 Mid-Term Preview.  Ms. Murphy joined “other standouts of the Supreme Court bar” in providing a look at upcoming cases on the Court’s docket.

Supreme Court Institute Hosts Mid-Term Preview, Georgetown Law (January 31, 2014)

On January 6, 2014, the Legal Times spotlighted Bancroft partner Paul Clement’s role in a lawsuit filed by Senator Ron Johnson of Wisconsin. Senator Johnson is challenging an Office of Personnel Management rule that allows lawmakers and their staff to receive subsidies for their health plans under the Affordable Care Act. Mr. Clement has been retained to consult on possible appellate issues.

Todd Ruger, Paul Clement Takes on Health Care Law Again, The Legal Times (January 6, 2014)

On December 3, 2013, the National Law Journal reported on Northwest v. Ginsberg, a wide-reaching case argued by Bancroft lawyer Paul Clement before the United States Supreme Court. The case involves Northwest Airlines’ termination of Rabbi S. Binyomin Ginsberg’s Platinum Elite membership in its frequent-flyer program in 2008 after he made numerous complaints and booked himself on full flights in order to get bumped, and whether Ginsberg’s subsequent claim for breach of the implied covenant of good faith and fair dealing is preempted by the Airline Deregulation Act. As quoted in the article, Clement argued that “you can’t run a national, let alone international, airline if every one of your judgments about taking an unruly passenger off or taking out an abusive customer is going to be second-guessed by a jury.”

Marcia Coyle, Justices Could Ground Frequent Flyer’s Suit, The National Law Journal (December 3, 2013)

On November 19, 2013, Law360 reported on the multitude of diverse amici who have filed briefs in support of the petition for certiorari Bancroft filed on behalf of over a dozen broadcast networks in American Broadcasting Companies, Inc., et al. v. Aereo, Inc. Aereo is in the business of capturing over-the-air television broadcasts and, without obtaining authorization from or compensating anyone, retransmitting that programming over the Internet for a profit. As reported in the article, a number of major sports leagues, media conglomerates, labor unions, and legal scholars have filed amicus briefs urging the Supreme Court to grant certiorari, explaining that Aereo’s unauthorized retransmissions not only threaten basic copyright rules, but also risk significant economic harm to networks and their employees.

Bill Donahue, NFL, Viacom, Unions Rip Aereo At High Court, Law360 (November 19, 2013)

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