Blog

12 Jul Executive Order On Administrative Law Judges Not As Alarming In Context

Posted at 00:16h in Securities Litigation & Regulation by Ron Wood

On July 10, 2018, President Trump issued an executive order exempting federal administrative law judges (“ALJs”) from the competitive service, or civil service system. This was in response to the Supreme Court’s recent decision in Lucia v. SEC, where the court held that SEC ALJs...

26 Jun The Supreme Court’s Term Has An Epic Impact On Employment Litigation

Posted at 23:59h in Employment by Evelina Gentry

On Monday, May 21, 2018, the Supreme Court issued a decision in Epic Systems Corp. v. Lewis (“Epic”). In a 5- 4 decision, the Court held that class or collective action waivers contained in arbitration agreements are valid and enforceable. This is considered the most...

26 Jun Cakes, Discrimination, and First Amendment Rights

Posted at 22:02h in Employment by Evelina Gentry

“Baker, baker baking a cake make me a day … Maybe we could change his mind …There must be something here …” Tori Amos (“Baker baker”) The United States Supreme Court in a 7 to 2 decision reversed a penalty imposed on a baker who refused to...

25 Jun The Supreme Court’s Majority in Lucia Makes For Strange Bedfellows

Posted at 22:17h in Securities Litigation & Regulation by Ron Wood

The Supreme Court’s recent decision in Lucia v. SEC hardly came as a surprise. Sure, it invalidated a decades-old process for appointing SEC administrative law judges (“ALJs”), a rare occurrence, the reverberations of which are sure to flow across the federal landscape. But, after the...

22 Jun The Supreme Court Resolves A Split In Circuits, Holding That SEC Administrative Law Judges Are Subject To The Appointments Clause

Posted at 21:04h in Securities Litigation & Regulation by Ron Wood

After several years and many challenges, the Supreme Court has finally decided that Securities and Exchange Commission (“SEC”) administrative law judges (“ALJs”) are “inferior officers” who exercise significant federal authority and therefore are required by the Appointments Clause of the US constitution to be appointed...

12 Apr BWO Partner Ken White On The FBI Search of Michael Cohen’s Office

Posted at 17:48h in Uncategorized by Brown White & Osborn LLP

This week BWO partner Ken White, whose practice includes federal criminal defense, spoke extensively about the FBI search of the offices of President Trump's attorney Michael Cohen. Mr. White had a Op-Ed column in the New York Times on April 10 explaining the likely significance of the...

13 Feb BWO Partner Ken White On Fox News @ Night Regarding Special Counsel Investigation

Posted at 17:17h in Uncategorized by Brown White & Osborn LLP

BWO Partner Ken White appeared on Fox News @ Night With Shannon Bream last week to discuss why targets of investigations – in this case, the President of the United States – should be extremely wary of voluntary interviews with law enforcement....

08 Feb BWO Partner Ken White Published In Reason Magazine

Posted at 22:45h in Uncategorized by Brown White & Osborn LLP

BWO Partner Ken White, who is a Contributing Editor at Reason Magazine, has a new article published there explaining the perils of voluntary discussions with federal investigators....

31 Jan BWO Partner Ken White Launches First Amendment Podcast “Make No Law”

Posted at 16:39h in Litigation by Brown White & Osborn LLP

Brown White & Osborn LLP partner Ken White, a First Amendment litigator, has launched a monthly podcast on the Legal Talk Network. The podcast, called "Make No Law", explores the background and context of famous First Amendment cases. At launch, two episodes are available: "Fighting Words,"...

19 Jan LA Times Op-Ed on Executive Privilege

Posted at 18:43h in Uncategorized by Brown White & Osborn LLP

BWO Partner Caleb Mason is in the LA Times on why Steve Bannon can’t claim executive privilege, and why the White House hasn’t claimed it....