President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Analysis

Staff Squeeze May Be Limiting Small Biz Roles In Procurement

By Daniel Wilson

The federal government has introduced several strategies over the last decade to help small businesses vie for procurement contracts, but overstretched acquisition staff may have limited capacity to deploy these strategies and reverse a downward trend in small business participation.

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Navy Owes Crane Contractor $5M After Refusing Proposed Fix

By Daniel Wilson

The Armed Services Board of Contract Appeals ruled that the U.S. Navy must pay a Konecranes ABP unit roughly $4.9 million after the Navy wrongly refused to accept a proposed fix for problems discovered before delivery of a crane.

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Claims Court Won't Toss $1.1M Breach Suit Against Navy

By Alyssa Aquino

The U.S. Court of Federal Claims won't free the U.S. Navy from a $1.1 million breach-of-contract case from an engineering contractor, saying its handling of indirect and billing rates potentially amounted to a breach.

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ENFORCEMENT

SEC Hits Back At SolarWinds' 'Distortion' Allegations

By Craig Clough

The U.S. Securities and Exchange Commission sent a letter to a New York federal judge Friday pushing back on SolarWinds Corp.'s accusations that it was overstating and distorting its case against the government contractor over a data hack, saying its complaint is "well-grounded in facts" uncovered during its investigation.

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Union Carbide To Pay EPA $600K For Colo. Superfund Site

By Madeline Lyskawa

Union Carbide Corp. and the federal government filed a $600,000 proposed settlement in Colorado federal court, resolving claims the company and its subsidiary owed more than $1.2 million in reimbursement costs connected to the cleanup of hazardous chemicals at a former uranium and vanadium processing facility.

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CFPB Seeks $20M Penalty For Inaccurate Loan Data

By Isaac Monterose

The Consumer Financial Protection Bureau has urged a Florida federal court to hit Freedom Mortgage with a $20 million civil penalty for allegedly submitting error-filled government mortgage loan data.

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LITIGATION

Biden Urges 1st Circ. To Find Debt Cap Challenge Moot

By Julie Manganis

The Biden administration asked the First Circuit to affirm a finding that a government workers' union lacks standing to challenge the debt ceiling's constitutionality and that its case was further rendered moot by passage of a deal to suspend the spending limit until January.

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Green Groups Lose In California Fish Protection Lawsuit

By Juan-Carlos Rodriguez

The federal government properly considered the needs of fish protected under the Endangered Species Act when it approved water supply contracts for California's Central Valley Project, the Ninth Circuit said in a ruling rejecting environmental groups' claims to the contrary.

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HNTB's Liability Capped In Seattle Tunnel Delay Claim

By Greg Lamm

A contract clause caps engineering firm HNTB Corp.'s potential liability over a long-delayed Seattle highway tunnel project, a Washington state court judge ruled Friday, likely dashing a joint venture's bid to recover more than $700 million.

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Insurer Owes Coverage For School Defect Claim, Builder Says

By Hope Patti

A general contractor told a Washington federal court it is entitled to coverage under a subcontractor's commercial general liability policy with a Liberty Mutual unit for defects and damage that a school district alleges was caused by the subcontractor while working on a school expansion project.

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ADMINISTRATIVE DISPUTES

Contractor Entitled To Share In Navy Savings, Board Rules

By Rae Ann Varona

The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.

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EXPERT ANALYSIS

Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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LEGAL INDUSTRY

Analysis

5 Themes That Could Determine Trump's NY Criminal Trial

By Stewart Bishop, Frank G. Runyeon and Rachel Scharf

With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.

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Malware Backdoor Found In Software Used By Courtrooms

By Lauren Berg

Software created by a company that provides digital audiovisual technology to courtrooms, jails and other facilities contains a backdoor associated with malware that disguises itself as a normal update, analysts at a cybersecurity firm reported, warning that "users are at high risk and should take immediate action."

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Alito Flag Displays 'Improper' And 'Dumb,' District Judge Says

By Alison Knezevich

A Massachusetts federal judge is calling out U.S. Supreme Court Justice Samuel Alito for controversial flags reportedly seen flying outside his homes, saying such actions erode public trust in the courts.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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CFTC's Johnson Is Under Consideration For FDIC Top Job

By Jon Hill

The Biden administration is considering Kristin Johnson, a Democratic member of the U.S. Commodity Futures Trading Commission, as a possible candidate to replace Martin Gruenberg at the helm of the Federal Deposit Insurance Corp., Law360 has learned.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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'Legendary' Former NJ Justice Handler Dies At 92

By Jake Maher

Retired Associate Justice Alan B. Handler, who served on the New Jersey Supreme Court from 1977 to 1999, died Thursday at 92, Law360 has learned.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

LAW FIRMS IN TODAY'S NEWS

Altshuler Berzon

Baker & Hostetler

Bartlett LLP

Burnham & Gorokhov

Caldwell Carlson

Clifford Chance

Clyde & Co

Crowell & Moring

DWF LLP

Davidoff Hutcher

Davis Polk

Despres Schwartz

Dingess Foster

Duane Morris

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Gateley PLC

Gibson Dunn

Gordon Rees

Greenberg Traurig

Hamlins LLP

Harris St. Laurent

Hill Dickinson

Holland & Knight

Horwich Farrelly

Howes Percival

JMW Solicitors LLP

Jones Day

Kasowitz Benson

KaurMaxwell

King & Spalding

Kirkland & Ellis

Latham & Watkins

Lichten & Liss Riordan

Littler Mendelson

Marino Tortorella

Mayer Brown

McDermott Will & Emery

McDonald & MacGregor

McElroy Deutsch

McKool Smith

Michael Best & Friedrich LLP

Miles & Stockbridge

Pacifica Law Group

Pallas Partners

Paul Hastings

Penningtons Manches

Pomerantz LLP

Poole Huffman

Potter Clarkson

Quinn Emanuel

Reed Smith

Rogers Joseph O'Donnell

Rosen Hagood

Russomanno & Borrello

Saporito Falcone

Sidley Austin

Simpson Thacher

Smith Currie

Spencer Fane

Taft Stettinius

Weiner Brodsky

Welsh & Recker

Wilentz Goldman

Wilkin Chapman

Williams & Connolly

Winston & Strawn

COMPANIES IN TODAY'S NEWS

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

American Media Inc.

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

British Broadcasting Corp.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

Dragados USA Inc.

EMCOR Group Inc.

Earthjustice

First Republic Bank

Ford Motor Co.

Fordham University

Freedom Mortgage Corp.

Glencore PLC

HNTB Corp.

HSBC Holdings PLC

Icertis Inc.

Integrys Energy Group Inc.

JPMorgan Chase & Co.

Jubilee Holdings Ltd.

Konecranes ABP

Liberty Mutual Insurance Group

Live Nation Entertainment Inc.

Major Lindsey & Africa LLC

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

MilliporeSigma

Mondelez International Inc.

NBCUniversal Media LLC

National Association of Government Employees

National Collegiate Athletic Association

Natural Resources Defense Council

New Jersey State Bar Association

Norfolk Southern Corp.

Pac-12 Enterprises LLC

Paysafe Group PLC

Pease & Sons Inc.

Pegasus Capital Advisors LP

Performance Technologies Inc.

PetroChina Company Limited

Princeton University

QBE Insurance Group Ltd.

Rapid7 Inc.

SolarWinds Corp.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Swissport International Ltd.

Tesla Inc.

The District of Columbia Bar

The New York Times Co.

Trump Organization Inc.

Tutor Perini Corp.

University of Virginia

Wells Fargo & Co.

Woodrow Wilson International Center for Scholars

GOVERNMENT AGENCIES IN TODAY'S NEWS

Armed Services Board of Contract Appeals

Bureau of Reclamation

Commodity Futures Trading Commission

Companies House

Consumer Financial Protection Bureau

European Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Deposit Insurance Corp.

Fish and Wildlife Service

Montrose County, Colorado

National Labor Relations Board

National Marine Fisheries Service

New Jersey Supreme Court

Small Business Administration

U.S. Army

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Commerce

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Navy

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

Washington State Department of Transportation