The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.
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WEDNESDAY, JUNE 19, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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Justices To Hear Nvidia Case On Securities Pleading Standard

By Jessica Corso

The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.

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Justices To Decide If False Claims Act Applies To E-Rate

By Ali Sullivan

The U.S. Supreme Court on Monday agreed to review whether reimbursement requests made to the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act.

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Analysis

Top Patent Eligibility Rulings In The Decade Since Alice

By Ryan Davis

The U.S. Supreme Court's Alice v. CLS Bank decision 10 years ago this week led to scores of inventions being found ineligible for patenting, and rulings since then have fleshed out the law on the contentious topic. Here's a look at the most notable patent eligibility decisions after Alice.

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Justices Reject Dispute Over $3.1B South Korean Military Deal

By Daniel Wilson

The U.S. Supreme Court declined Monday to consider the scope of commercial activities in a case brought by a brokerage firm fighting the loss of a $3.1 billion South Korean military satellite deal.

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'What Am I Supposed To Do?': Epic-Apple Doc Row Irks Judge

By Dorothy Atkins

A California federal judge presiding over Epic Games' high-stakes antitrust compliance fight against Apple expressed frustration Monday with the parties' disagreement over the scope of Apple's document production, asking counsel repeatedly "What am I supposed to do?" and "Do I need to get somebody on the stand to explain this?"

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9th Circ. Says Facebook 'Face Signatures' Not Subject To BIPA

By Rachel Riley

The Ninth Circuit sided with Meta Platforms on Monday by declining to revive an Illinois resident's proposed class action accusing Facebook of breaking the state's Biometric Information Privacy Act, ruling that the "face signature" at issue isn't protected by the law because it cannot be used to identify someone.

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Ad Tech Judge Says No 'Moving Target' Damages, No Jury

By Bryan Koenig

A Virginia federal judge refused to consider the government's "late-arriving" math on how much federal agencies were overcharged by Google's digital advertising placement technology, according to an order unsealed Friday, a decision that allowed Google to successfully short-circuit the U.S. Department of Justice's damages claim and avoid a jury trial sought by the agency.

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FTC Says Adobe Uses Fee To Trap Consumers In Subscription

By Lauren Berg

Adobe Inc. has for years deceived customers by keeping them in the dark about an early termination fee for its most lucrative subscription plan, making it difficult to cancel and trapping consumers in subscriptions they no longer want, the Federal Trade Commission alleged Monday.

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Judge Cements Decision Clearing Cisco From $2.75B Ruling

By Andrew Karpan

There will be not be a third trial for a cybersecurity startup that has seen its multibillion-dollar patent win turn into nothing at all, a Virginia federal judge has decided, after a second trial found that Cisco wasn't actually infringing its patents.

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Microsoft Renews Sanctions Bid Against Texas IP Law Firm

By Bonnie Eslinger

Microsoft asked a Texas federal court Friday to order Ramey LLP to pay its $100,000 attorneys' fees tab for "vexatiously" pursuing infringement litigation against it, even when the patent plaintiffs firm's now-former client CTD Networks LLC called for it to end.

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Startup Wants To Add More Than $200M To Boeing IP Verdict

By Greg Lamm

Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.

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Brief

US Surgeon General To Seek Warning Label On Social Media

By Jonathan Capriel

U.S. Surgeon General Vivek H. Murthy has called on lawmakers to require social media companies to put warnings on their sites that say young people who use them have more mental health issues, according to an opinion article published on Monday.

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POLICY & REGULATION

Sen. Spectrum Bill Called Inadequate For Connectivity Needs

By Christopher Cole

A Senate bill to renew the Federal Communications Commission's authority to auction spectrum is facing criticism from a technology think tank as the legislation heads to a committee vote Tuesday.

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T-Mobile To Consider Changing 'Price Lock' Ads After Dispute

By Jared Foretek

T-Mobile said it will look into modifying "Price Lock" advertising claims after AT&T told the Better Business Bureau that the ads mislead consumers by suggesting that T-Mobile locks in a certain price, when it only offers a free month of home internet service under certain conditions if the price goes up.

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Repeat Violations Land Ore. Forwarder Export Denial Order

By Jennifer Doherty

An Oregon-based package forwarder has lost export privileges just days before clearing a three-year probationary period for alleged unlicensed rifle scope exports, after an audit revealed 176 new violations, the U.S. Department of Commerce announced Monday.

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LITIGATION

Toss Universal Service Fund Challenge, FCC Urges 5th Circ.

By Christopher Cole

The Federal Communications Commission on Monday urged the Fifth Circuit to throw out a challenge to the agency's telecom subsidy system after the U.S. Supreme Court declined to take up a pair of similar cases.

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Bitcoin Mining Hosting Vendor Can't Dodge $6.4M Suit

By Sydney Price

A Washington federal judge told a crypto computer host that it must face a suit from a bitcoin mining company accusing it of failing to return equipment worth $6.4 million, finding the hosting agreement allowed the mining company to demand access to all the equipment if the host failed to meet its obligations.

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Mich. Justice Wants Tax-Break Filing Options After Mail Fiasco

By Carolyn Muyskens

A Michigan Supreme Court justice called on the state Legislature to give taxpayers more flexibility in claiming property tax exemptions after a company lost out on an exemption because the U.S. Postal Service never delivered its paperwork.

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Huawei Slams Netgear's 'Tenuous' RICO Case

By Andrew Karpan

Huawei has responded to a racketeering and antitrust case from a major U.S. maker of Wi-Fi routers by calling it "rife with tenuous legal and factual claims" and comparing its reworking of patent infringement allegations to the U.S. Federal Trade Commission's failed antitrust case against Qualcomm.

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L3Harris Rips Moog's Counterclaims In $78M Contract Suit

By Carolina Bolado

L3Harris Technologies Inc. urged a Florida federal court Friday to throw out breach of contract counterclaims from fellow defense contractor Moog Inc., which it has accused of failing to timely deliver critical satellite parts under several subcontracts worth $77.9 million.

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Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

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Brief

Tesla Says Texas Charter, Musk Pay Have Impact In Delaware

By Jeff Montgomery

Pointing to recent Tesla stockholder votes to reincorporate in Texas and approve a mammoth Elon Musk pay package voided in Delaware, an attorney for Tesla has asked the Court of Chancery to reconsider holding a July 8 hearing on a proposed multibillion fee for class attorneys who won the Musk salary put-down.

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DEALS

King & Spalding Repping IQVentures On $504M Aaron's Buy

By Al Barbarino

King & Spalding LLP-repped IQVentures Holdings has agreed to purchase Atlanta-based lease-to-own provider The Aaron's Co. Inc., represented by Jones Day, at an enterprise value of about $504 million, Aaron's said in a Monday statement.

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TAX

OECD Tax Plan Is Developing Nations' Best Choice, Prof Says

By Kevin Pinner

Developing countries could gain more revenue from the OECD's multilateral plan to tax the digital economy than the U.N. Tax Committee's bilateral alternative because they have small treaty networks, many customers and few large companies, an academic argued Monday during an Oxford University panel.

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BANKRUPTCY

FTX, Customers Lay Claim To SBF's $11B Forfeiture Tab

By Ben Zigterman

FTX told the New York federal court that hit the company's founder Sam Bankman-Fried with a 25-year prison sentence and an $11 billion forfeiture order that the now-defunct cryptocurrency exchange has a right to those funds, while a group of its former clients asserted a similar claim for itself.

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ENFORCEMENT

Calif. Becomes Last State To Ink Deal Over Blackbaud Breach

By Allison Grande

Blackbaud Inc. has agreed to pay $6.75 million to resolve data security claims brought by California's attorney general, who was the only one to sit out a nearly $50 million settlement that the software provider reached last year with every other state over a 2020 ransomware attack that affected thousands of its customers.

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Consulting Firms To Pay $11.3M Over Rent Help Site Breach

By Elliot Weld

A consulting firm and its subcontractor have agreed to pay $11.3 million to resolve a False Claims Act suit alleging that they allowed the personal data of low-income New Yorkers to be compromised while operating a pandemic-era rental assistance program website.

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SEC Alleges Texas Man Offered Virgin Sham $200M 'Lifeline'

By Gina Kim

Securities regulators sued a venture capitalist and his investment firm in Texas federal court Monday, accusing the firm of making a bogus offer to invest $200 million into Virgin Orbit last year despite having less than $1 in its bank account and causing stock prices to swell before plummeting when the deal collapsed.

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Google Says Texas Took Opposing Positions On Key Law

By Matthew Perlman

Google told a Texas federal court the state attorney general's office made arguments in the case accusing the tech giant of monopolizing display advertising technology that directly contradict arguments the state is making in a case challenging the Pregnant Workers Fairness Act.

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Brief

Bookstores Appeal Denied Bid To Join FTC's Amazon Case

By Matthew Perlman

A trade association for bookstores is appealing to the Ninth Circuit after a lower court refused its request to intervene in the Federal Trade Commission's antitrust suit against Amazon that raises concerns about the e-commerce giant's sale of books and contracts with publishers.

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EXPERT ANALYSIS

Cyber Takeaways For Cos. From Verizon Data Breach Report

Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.

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What 4 Cyber Protection Actions Mean For Marine Transport

Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.

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Think Like A Lawyer: Always Be Closing

When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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LEGAL INDUSTRY

The 2024 Lawyer Satisfaction Survey

Firms are making their attorneys happy in most areas of professional life, including culture and compensation, but stress is a constant struggle and many are taking minimal vacations, according to the latest survey from Law360 Pulse.

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Akin Elects US, London Duo To Take Over From Veteran Chair

By Ashish Sareen

Akin Gump Strauss Hauer & Feld LLP said on Tuesday that it has elected the partner in charge of its New York office and a corporate specialist in London to jointly lead the firm as its longtime chair prepares to step down next year.

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NY High Court Denies Trump's Gag Order Appeal

By Frank G. Runyeon

New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.

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Dems' Absences Bring Canceled Vote On Ore. Federal Judge

By Courtney Bublé

The Senate scrapped a vote on Tuesday for Magistrate Judge Mustafa Taher Kasubhai's nomination to a district court judgeship in the District of Oregon amid vast Republican opposition.

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Del. House Panel Splits On Senate-Passed Corp. Law Change

By Jeff Montgomery

A divided Delaware House committee released on Tuesday contested amendments to the state's general corporation law, sending the measure toward a full House vote after sometimes edgy testimony that included a committee chair's shutdown of an opposing law professor's reference to HBO's seamy corporate drama series "Succession."

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The 2 New Jersey Attys Ensnared In A Mogul's Extortion Rap

By George Woolston

New Jersey businessman George E. Norcross III may be the alleged mastermind of an extortion scheme to reap millions in tax credits on waterfront property in a distressed city, but an explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.

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Panel Laments 'Hunger Games' Tactics In Mich. Judicial Races

By Carolyn Muyskens

A Michigan Court of Appeals panel has expressed concern that judicial candidates are weaponizing the complexity of Michigan's filing requirements to eliminate their competition, with one judge commenting that "contests for vacant judgeships all too often have turned into the Hunger Games." 

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McElroy Deutsch Says Exec Embezzled Money For Home

By Tracey Read

McElroy Deutsch Mulvaney & Carpenter LLP has doubled down on its bid for a constructive trust on the home of two former executives accused of stealing from the firm.

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9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties

By Sydney Price

Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.

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Healthcare Tensions Equal Business For Litigation Funders

By Ryan Boysen

As rampant consolidation collides with inflation-squeezed margins in the American healthcare system, tensions between service providers and insurers are at the breaking point and increasingly boiling "over into litigation," providing opportunities for litigation funders, according to a new article by Burford Capital LLC.

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Ariz. County Says New Kari Lake Vote Claims Merit Sanctions

By Ali Sullivan

Maricopa County officials are slamming former gubernatorial candidate Kari Lake's bid to unravel a Ninth Circuit decision affirming the toss of her lawsuit over Arizona's voting machines, contending that the "fatally flawed" effort warrants sanctions.

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DC Bar Counsel Moves To Suspend Hunter Biden's Law License

By Alison Knezevich

Attorney disciplinary authorities in the nation's capital have moved to suspend Hunter Biden's license to practice law there after he was convicted of three federal gun charges last week.

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Dems Ask For Update On Justice Thomas Gifts Investigation

By Katie Buehler

A pair of Democratic lawmakers have asked the judiciary's governing body for an update on its review of U.S. Supreme Court Justice Clarence Thomas' failure to disclose years of luxury gifts and travel he received from conservative billionaires.

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Cuomo's Ex-Aide Details Sex Harrassment Claims In New Suit

By Dorothy Atkins

Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.

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COMPANIES IN TODAY'S NEWS

ADVA Optical Networking

Adobe Inc.

Alstom SA

Amazon.com Inc.

American Axle & Manufacturing Holdings Inc.

American Hospital Association

Apple Inc.

BBB National Programs Inc.

Blackbaud Inc.

BrandsMart USA Inc.

Burford Capital LLC

CTIA

Chegg Inc.

Cisco Systems Inc.

Conner Strong & Buckelew

Cooper Health System

De Novo

Delaware State Bar Association

Envision Healthcare Corp.

Epic Games Inc.

Google LLC

Guidehouse Inc.

HP Inc.

Hearst Corp.

Home Box Office Inc.

Huawei Technologies Co. Ltd.

International Association of Better Business Bureaus Inc.

JPMorgan Chase & Co.

Kiteworks

L3Harris Technologies Inc.

LinkedIn Corp.

Lockheed Martin Corp.

Meta Platforms Inc.

Microsoft Corp.

Moelis & Co.

Moog Inc.

NETGEAR, Inc.

NVIDIA Corp.

New Jersey State Bar Association

Organization for Economic Cooperation and Development

Perion Network Ltd.

ProQuest LLC

QUALCOMM Inc.

Rowan University

Salesforce.com Inc.

Spectrum Management Holding Co.

Stephens Inc.

Sun Bancorp Inc.

T-Mobile US Inc.

Tesla Inc.

The AES Corp.

The Boeing Co.

The District of Columbia Bar

The Institute of Electrical & Electronics Engineers Inc.

The Leadership Conference on Civil & Human Rights

The New York Times Co.

Therapeutics Inc.

Toronto-Dominion Bank

Twitter Inc.

U.S. Anesthesia Partners

U.S. Vision Inc.

United States Telecom Association

United Way Worldwide Inc.

Virgin Galactic Holdings Inc.

Virgin Orbit LLC

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Wolverine World Wide Inc.

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Axinn Veltrop

Bernstein Liebhard

Bernstein Litowitz

Blank Rome

Block & Leviton

Boies Schiller

Boyden Gray

Brown & Connery

Burgess Law Group

Carey Rodriguez Milian

Cooley LLP

Corr Cronin

Cravath Swaine

Critchley Kinum

Crowell & Moring

Cuti Hecker

DLA Piper

Duane Morris

Dykema Gossett

Fox Rothschild

Freshfields

Gibson Dunn

Gillam Smith

Glancy Prongay

Glavin PLLC

Goldberg Kohn

Gordon Rees

Hogan Lovells

Holland & Knight

Holwell Shuster

Holzer & Holzer

Hopkins & Carley

Hueston Hennigan

Jones Day

Joseph Hage Aaronson

Kaplan Fox

Kaufman & Canoles

Keller Postman

Kessler Topaz

King & Spalding

Knobbe Martens

Kramer Levin

Lando & Anastasi

Lanier Law Firm

Levi & Korsinsky

Marino Tortorella

Mayer Brown

McCarter & English

McDermott Will & Emery

McElroy Deutsch

McKool Smith

Milian Legal Group

Morgan Lewis

Morrison Foerster

Mukasey Young

Nixon Peabody

Norton Rose

O'Hagan Meyer

O'Neil Cannon

Parker Daniels Kibort

Parker McCay

Paul Weiss

Perkins Coie

Pomerantz LLP

Poole Huffman

Ramey LLP

Smith Alling

Spencer Fane

Sullivan & Cromwell

Sunstein LLP

Susman Godfrey

The Office of Craig C. Reilly

Thompson Coburn

Troutman Pepper

Weil Gotshal

White & Case

Whitestone Law

Winston & Strawn

Wolf Popper

Yetter Coleman

​Bottini & Bottini

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Department of Justice

California Public Employees' Retirement System

Delaware Court of Chancery

Delaware River Port Authority

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

National Institute of Standards and Technology

New York Attorney General's Office

New York State Comptroller

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Northern District of California

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

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

U.S. Coast Guard

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

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of State

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

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

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

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

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

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

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 Texas

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

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United Nations