In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.
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Analysis

Industry Emboldened After Justices Galvanize Agency Attacks

By Jeff Overley

In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.

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Analysis

Alito Flag Report Fuels Ethics Debate, But Likely No Recusal

By Katie Buehler

Responses to a report that an upside-down American flag flew outside U.S. Supreme Court Justice Samuel Alito's home following the 2020 presidential election broke along partisan lines Friday, with conservatives decrying it as a smear campaign and liberals calling for his recusal from pending election-related cases and for general court ethics reform.

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Analysis

Many Plans Already In Front Of 11th Circ. Trans Health Ruling

By Kellie Mejdrich

The Eleventh Circuit's recent decision that a county health plan's coverage exclusion for gender transition surgery violated federal anti-discrimination law likely won't have a big impact on plans because they have already made adjustments for the U.S. Supreme Court ruling the appeals court applied, experts say.

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TikTok, Feds Ask DC Circ. To Fast-Track Potential Ban Row

By Lauren Berg

TikTok, a group of its creators and the U.S. Department of Justice on Friday all asked the D.C. Circuit to fast-track challenges to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company.

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Meet The Attys Fighting Efforts To Ban TikTok

By Allison Grande

Facing a potential federal ban, TikTok and creators on the platform have tapped a bevy of BigLaw heavyweights, including attorneys who have successfully led challenges to prior moves to shut down the popular social media platform and limit children's online activities, as well as a pair of litigators who've argued dozens of cases before the U.S. Supreme Court. 

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Dozens Of Pro Bono Attys Back 3rd Circ. Nominee Mangi

By Courtney Bublé

Forty-nine pro bono partners, counsel and chairs from major law firms and organizations wrote to Senate leadership on Friday with concerns that the staunch opposition against Third Circuit nominee Adeel Mangi over his pro bono work will have a chilling effect on future attorneys seeking judgeships, according to a letter shared with Law360.

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Solicitor General Says No High Court Case Is 'Hopeless'

By Thy Vo

Solicitor General Elizabeth Prelogar told lawyers Saturday that despite the U.S. Supreme Court's conservative majority, she has never thought a case she's overseen for the Biden administration was "entirely hopeless," and that there's always room to shape the court's opinion.

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Judge Sets Hearing For Delay In Hunter Biden's Tax Trial

By Anna Scott Farrell

A California federal judge agreed Friday to consider Hunter Biden's request to push back his $1.4 million criminal tax trial, setting a hearing to address his claim that the dates interfere with his Delaware gun trial and threaten to prevent him from getting a fair shake.

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Roundup

Off The Bench: Golf Star Arrest, Fla. Gambling, Gruden V. NFL

By Alex Lawson

In this week's Off the Bench, the world's top-ranked golfer is arrested after a traffic incident outside the PGA Championship, the federal government urges the U.S. Supreme Court to stay out of Florida's sports gambling dispute and Jon Gruden's defamation brawl with the NFL heads to arbitration.

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DC CIRCUIT

DC Circ. Won't Immediately Block EPA Power Plant GHG Rule

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency is clear to implement its new greenhouse gas emissions rule for power plants — at least for now — after the D.C. Circuit on Friday rejected an effort to temporarily block it.

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DC Circ. Affirms Ex-HUD Official's Conviction For False Docs

By Elliot Weld

The D.C. Circuit on Friday upheld the documents falsification conviction of a former high-ranking staffer within the U.S. Department of Housing and Urban Development's Office of the Inspector General, rejecting his arguments that prosecutors had diverged at trial from the charges laid out in an indictment.

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DC Circ. Probes Carbon Capture In LNG Approval Challenge

By Ali Sullivan

The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.

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FIRST CIRCUIT

1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo

By Elliot Weld

The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.

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THIRD CIRCUIT

3rd Circ. Won't Rethink Cancellation Of $10M Win In TM Battle

By Matthew Santoni

Texans can continue to be subjected to the earworm that is the "Kars 4 Kids" jingle, as the Third Circuit declined this week to reconsider its ruling against a local charity that had temporarily won a $10 million judgment in a trademark dispute over the name.

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3rd Circ. Seeks Briefing On Wesco's Impact In 401(k) Fee Suit

By Grace Elletson

The Third Circuit asked a digital services business and employees who sued the company alleging it saddled their retirement plan with excessive recordkeeping fees to explain whether the workers' bid to revive their tossed suit should be kicked to a lower court in light of a recent precedential ruling.

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FIFTH CIRCUIT

5th Circ. Won't Rethink SXSW Ticket Coverage Ruling

By Ganesh Setty

The Fifth Circuit will not reconsider ordering a Chubb unit to cover defense costs incurred by Texas music festival South by Southwest from a class action by ticket holders seeking refunds after Austin officials canceled the festival in 2020 because of the COVID-19 pandemic.

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Texas Judge Denies SpaceX's Rethink Bid In Transfer Spat

By Beverly Banks

A Texas federal judge won't reconsider his decision to transfer SpaceX's constitutional challenge to the National Labor Relations Board's structure to a California court, saying on Friday that the rocket company didn't give a "compelling reason" to rethink the ruling.

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SIXTH CIRCUIT

Bettors Say 6th Circ. Erred In Ruling Over Doped Derby Horse

By Elaine Briseño

A group of gamblers who claim they had winning bets on the 2021 Kentucky Derby after officials stripped the lead horse of its title has petitioned the Sixth Circuit to rehear arguments after a panel of the court earlier this month affirmed the lower court's decision to toss the case.

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SEVENTH CIRCUIT

T-Mobile Must Face Sprint Merger Suit Before Appealing

By Jared Foretek

The Seventh Circuit summarily rejected T-Mobile's move for interlocutory appeal in a proposed consumer class action targeting the company's 2020 merger with Sprint, allowing the case to advance to discovery after the district court denied T-Mobile's motion to dismiss in the fall.

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NINTH CIRCUIT

9th Circ. Judges Say Bias Suit Deserved En Banc Rehearing

By Irene Spezzamonte

A Ninth Circuit panel's opinion that a fire chief's Christian faith wasn't the cause for his firing will have severe ramifications in discrimination cases and the full appellate court should have reconsidered it, several circuit judges said Friday.

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Wash. Energy Codes Challenged Again After 9th Circ. Decision

By Nate Beck

In the wake of a Ninth Circuit ruling that forced Washington officials to revisit regulations on natural gas appliances used in new construction, a group of natural gas companies, homeowners and construction interests are claiming the state's apparent fix is again out of step with federal law.

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Las Vegas Sun Wants Day In Court Against Review-Journal

By Bryan Koenig

The Las Vegas Sun asked a Nevada federal judge Thursday to schedule trial in its antitrust suit against the Las Vegas Review-Journal, arguing the larger paper and soured distribution partner cannot be allowed to continue running out the clock in an effort to put the Sun out of business.

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TENTH CIRCUIT

Utah, Farm Groups Ask To Reopen Bears Ears Monument Suit

By Joyce Hanson

The state of Utah and two farming associations have asked a D.C. federal court to lift a more than three-year stay in a tribal case over the Bears Ears National Monument, saying the case is now moot and another monument case is pending before the Tenth Circuit.

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ELEVENTH CIRCUIT

$440M Cruise Line Ruling Over Cuba Dock May Be In Jeopardy

By Caroline Simson

An Eleventh Circuit panel appeared reluctant Friday to affirm a nearly half-billion-dollar judgment against four major cruise lines for "trafficking" in property seized by the communist Cuban government, as the underlying concession for a port facility in Havana expired in 2004.

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Koch-Tied Group Says Transparency Law Offends Federalism

By Kat Lucero

The Corporate Transparency Act is unconstitutional because it does not regulate interstate commerce yet mandates that state-registered entities disclose personal information, a conservative group affiliated with the billionaire Koch brothers told the Eleventh Circuit on Friday.

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CALIFORNIA

Inside The New Legal Push To End Calif.'s Death Penalty

By Hannah Albarazi

In a first-of-its-kind case in the Golden State, the California Supreme Court is being asked to permanently dismantle the nation’s most populous death row on grounds that capital punishment has been administered in a racially discriminatory manner that disproportionately harms people of color.

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Calif. OKs Rule For Judges To Work Remotely In Civil Cases

By Henrik Nilsson

California's Judicial Council on Friday approved a new rule of court to allow judges to preside remotely under limited circumstances over civil proceedings from a location other than a courtroom.

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TEXAS

Texas Justices Let Fen-Phen Atty Malpractice Fight Roll On

By Daniel Connolly

The Texas Supreme Court ruled Friday that roughly 4,000 former clients of a Houston mass tort lawyer can continue pressing their claims that the lawyer improperly kept millions of dollars in fen-phen diet drug settlement money.

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Texas Justices Side With Car Dealership In Lease Dispute

By Isaac Monterose

The Supreme Court of Texas reversed and remanded a landlord's win against its former car dealership tenant, ruling Friday that the dealership's $1.3 million jury verdict wasn't upended when it gave up its appeal of a separate eviction suit.

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FLORIDA

Fla. Appeals Court Nixes Condo Tax Sale After Address Mix-Up

By Parker Quinlan

A Florida state appeals panel authored a split decision ordering a lower district court to reverse a tax deed sale after a property owner in Miami-Dade claimed the county's clerk of court failed to provide notice that his condo was being put up for sale due to a delinquent tax bill.

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OB-GYN Enough Like GYN Oncologist For Expert Witness Law

By Y. Peter Kang

A Florida state appeals court on Friday revived a suit accusing a gynecological oncologist of performing an unnecessary surgery, saying the credentials of the patient's medical expert — an OB-GYN — satisfied the state's "same specialty" requirement.

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NEW JERSEY

Eagles Coach Didn't Fumble When He Flew Nest, Panel Says

By Matthew Santoni

Philadelphia Eagles Head Coach Nick Sirianni and his wife were allowed to back out of buying a $2.3 million home in New Jersey because the sellers hadn't disclosed or obtained a waiver for a "right of first refusal" from a previous owner's children, a New Jersey state appeals court affirmed Friday.

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NJ Atty Escapes Malpractice Suit Over UPS Bias Suit

By Emily Sawicki

A New Jersey state appeals court on Friday refused to revive a legal malpractice lawsuit from a UPS driver alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.

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NJ Panel Cites Bad Expert Opinion In Tossing Malpractice Suit

By Adrian Cruz

A New Jersey appellate court upheld Thursday the dismissal of a legal malpractice dispute accusing an attorney of botching a woman's suit over a restaurant attack where she ended up recovering the minimum award.

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MICHIGAN

Good Behavior Can Shave Contempt Sentences, Judge Rules

By Danielle Ferguson

A Michigan federal judge on Friday said he would not ask the state's highest court to decide whether civil litigants held in criminal contempt in state court can get time off their sentences for good behavior, saying he was confident justices would agree with him that they can.

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Credit Suisse Can't Reverse $21.3M Biz Loss Denial

By David Hansen

Credit Suisse cannot carry forward $21.3 million in business losses from 2015-2017 to its 2018 Michigan tax return, a state appeals court said, letting stand a ruling that the bank miscalculated its business income from those years on its returns.

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ARIZONA

Judge Bias Claim Can't Sink Mayo Clinic Ariz. Malpractice Win

By Rose Krebs

An Arizona appellate court has affirmed a lower court bench ruling that let the Mayo Clinic in Arizona off the hook on malpractice claims lodged by a man who suffered serious complications after an abdominal procedure, in part ruling that he didn't show judicial bias requiring recusal.

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COLORADO

Colo. Precedent Barred Insurer's Crash Liability Challenge

By Hope Patti

A Colorado state appeals court affirmed a lower court's finding that a Progressive unit couldn't contest liability in its policyholder's car crash case involving an uninsured driver, saying the lower court correctly applied binding Colorado Supreme Court precedent.

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INDIANA

Med Mal Appeal Shot Down For Being 'Replete' With Errors

By Jonathan Capriel

The daughter of a woman who died from bowel necrosis while awaiting surgery can't get a second shot at medical malpractice claims against several healthcare providers because of "significant noncompliance" with Indiana appellate court rules, a state appeals court has ruled.

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NEVADA

Analysis

NFL Gets Win In Gruden Arbitration Case, But Also A Warning

By David Steele

The NFL convinced a Nevada appeals court to order arbitration for the defamation suit by former Las Vegas Raiders coach Jon Gruden, but experts say the league shouldn't celebrate too hard in the end zone, because the justices shone light on cracks in its arbitration process.

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EXPERT ANALYSIS

Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict

In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema. 

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How CFPB Credit Card Rules Slot Into Broader Considerations

Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.

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Perspectives

Public Interest Attorneys Are Key To Preserving Voting Rights

Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.

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LEGAL INDUSTRY

Pa. Federal District Judge Gene Pratter Dead At 75

By James Boyle

U.S. District Judge Gene E.K. Pratter, who joined the bench in the Eastern District of Pennsylvania in 2004 and presided over several landmark cases, died Friday at the age of 75, according to a statement from the court.

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Menendez Texts With Wife A Legislative Promise, Judge Says

By Pete Brush

Emoji-laden texts between Sen. Robert Menendez and his wife about an arms sale constitute a legislative promise, a Manhattan federal judge reiterated Monday, as the government seeks to prove the power couple had a corrupt agreement with a New Jersey businessman.

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McElroy Deutsch Says Ex-Exec's Guilt Boosts Home Claim

By Emily Sawicki

McElroy Deutsch Mulvaney & Carpenter LLP doubled down on its attempt to seize the home of two former firm executives following a guilty plea on criminal embezzlement charges earlier this month by one of them, the firm's former chief financial officer.

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

Alioto Law Firm

Arnold & Porter

Bahe Cook

Baker Botts

Beck Redden

Benkie & Crawford

Berger Montague

Boies Schiller

Burgess Law Offices

Capozzi Adler

Clement & Murphy

Colson Hicks

Cooley LLP

Covington & Burling

Cowan Liebowitz

Davis & Wright

Davis Wright Tremaine LLP

Day Pitney

De Pierro Radding

Duane Morris

Dykema Gossett

Eichhorn & Eichhorn

Ellis George LLP

Estes Ingram

Feinstein Mendez

Fletcher Fealko

Fogler Brar

Fox Rothschild

Gauntlett Law

Gibbons PC

Gibson Dunn

Graves Dougherty

Hausfeld LLP

Hogan Lovells

Holland & Knight

Hughes Hubbard

Hyderally & Associates

Jenner & Block

Jones Day

Jones Walker

K&L Gates

Kemp Jones

Kenneth N. Flaxman PC

Kirklin Law Firm

Lane Powell

Law Offices of James E. Pennington

Lehotsky Keller

Levin Sitcoff

Levinger PC

Lewis Roca

Lieff Cabraser

Lynn Pinker

Marino Tortorella

Marshall Dennehey

May Oberfell

Mayer Brown

Maynard Nexsen

McDermott Will & Emery

McElroy Deutsch

Miller Griffin

MoloLamken

Morgan Lewis

O'Melveny & Myers

Orrick Herrington

Outside Legal Counsel PLC

Palumbo Wolfe

Patterson Belknap

Patterson Earnhart

Paul Hastings

Paul Weiss

Pisanelli Bice

Quinn Emanuel

Randall Danskin

Renne Public Law Group

Saul Ewing

Seila Law

Seyfarth Shaw

Skoloff & Wolfe

Snell & Wilmer

Sonosky Chambers

Spies Powers

Stevens & Lee

Stites & Harbison

The Beregovich Law Firm

Van Ness Feldman

Venable LLP

Vinson & Elkins

Walker Wilcox

Walsh Pizzi

WilmerHale

Wilson Elser

Winston & Strawn

de Castro PC

COMPANIES IN TODAY'S NEWS

ACLU of Northern California Inc.

Alpine Securities Corp.

Altice SA

American Bar Association

American Civil Liberties Union

American Civil Liberties Union of New Jersey

American Farm Bureau Federation

Americans for Prosperity Foundation

Amgen Inc.

Arizona Cardinals

Arthrex Inc.

Avista Corp.

Axon Enterprise Inc.

Brennan Center for Justice

Brooklyn Law School

ByteDance Ltd.

CTIA

Carnival Corp. & PLC

Chevron Corp.

Chicago Blackhawks

Church State Council

Churchill Downs Inc.

Community Financial Corp.

Competitive Enterprise Institute

Credit Suisse Group AG

Deutsche Telekom AG

Direct General Corp.

Doral Financial Corporation

Earthjustice

Federalist Society

Financial Industry Regulatory Authority Inc.

First Liberty Institute

Getty Images Inc.

Illinois Brick Co.

Illumina Inc.

Ironshore Inc.

Kentucky Derby

Las Vegas Raiders LLC

Las Vegas Review-Journal Inc.

Las Vegas Sands Corp.

Loyola University New Orleans

Mayo Foundation for Medical Education and Research

Meta Platforms Inc.

Miami Dolphins

Michigan State University

Microsoft Corp.

Mithun Inc.

NAACP Legal Defense and Educational Fund Inc.

NFL Enterprises LLC

National Association for the Advancement of Colored People

National Collegiate Athletic Association

National Propane Gas Association

National Rural Electric Cooperative Association

Native American Rights Fund Inc.

New York University

Norwegian Cruise Line

Pacific Legal Foundation

Philadelphia Eagles

Professional Golfers Association of America

Royal Caribbean Cruises Ltd.

SXSW LLC

Sierra Club

SoftBank Group Corp.

Space Exploration Technologies Corp.

Spokeo Inc.

State Farm Mutual Automobile Insurance Co.

T-Mobile US Inc.

Team, Inc.

The Catholic University of America

The New York Times Co.

TikTok Inc.

U.S. Chamber of Commerce

United Parcel Service Inc.

WESCO International Inc.

Xiaomi Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Colorado Supreme Court

Consumer Financial Protection Bureau

Cook County Circuit Court

Federal Bureau of Investigation

Federal Deposit Insurance Corp.

Federal Energy Regulatory Commission

Federal Housing Finance Agency

Federal Reserve System

Federal Trade Commission

Financial Crimes Enforcement Network

Food and Drug Administration

Hopi Tribe

National Credit Union Administration

National Labor Relations Board

Navajo Nation

Pueblo of Zuni

State of Michigan

Supreme Court of Nevada

Texas Judicial Branch

Texas Supreme Court

U.S. Attorney's Office

U.S. Attorney's Office for the Southern District of New York

U.S. Consumer Product Safety Commission

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Agriculture

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of State

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the District of South Carolina

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

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

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Indiana

U.S. District Court for the Northern District of Texas

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. Office of Government Ethics

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Nevada

Ute Indian Tribe

Ute Mountain Ute Tribe