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Trump NDAs can’t silence ex-White House officials: legal experts

In a provocative column Sunday night, the Washington Post reported that the Trump administration required senior White House officials to sign agreements forbidding them to disclose any confidential information about their work – not just during their time in office but even after they leave the White House.

EEOC backs gay employee in latest appellate battle over workplace rights

President Donald Trump has nominated two Republicans to serve on the Equal Employment Opportunity Commission alongside a Trump-appointed acting chair, and two holdover Democrats from the Obama administration. (One of them has been re-nominated by Trump.) At their Senate confirmation hearing in September, the Republican EEOC nominees pointedly refused to commit to the commission’s position that Title VII of the Civil Right Act protects gay and lesbian employees against workplace discr

Will the Theranos ‘indirect’ investor lawsuit break new legal ground?

When the Securities and Exchange Commission announced its securities fraud case against Theranos, its soon-to-be-former CEO Elizabeth Holmes and former president Ramesh Balwani on Wednesday, Enforcement Division co-director Steven Peikin emphasized that the commission is committed to policing private companies, not just those that raise money on public exchanges. “Investors are entitled to nothing less than complete truth and candor from companies and their executives,” Peikin said i

DOJ to state bars: Don’t assume you’re safe from antitrust suits

On Monday, the Justice Department’s Antitrust Division filed a warning shot at state bars that think they’re immune from antitrust claims just because they’re an arm of their state supreme courts.

In scathing new brief, class action lawyers say DOJ can’t meddle in private cases

Last month, on her way out of her high-ranking Justice Department post, Rachel Brand disclosed a new DOJ priority at a luncheon speech to the Federalist Society. The Class Action Fairness Act of 2005 requires defendants to notify the Justice Department of proposed settlements. Because of a mailroom snafu, Brand said, DOJ hadn’t been receiving notices in time to review the settlements before they were approved. But the systems had been fixed, Brand said, and the Justice Department was

Trump DOJ facing showdown with China in U.S. Supreme Court case

In the greater scheme of international affairs, President Trump’s apparently imminent tariffs on steel and aluminum will have a much more profound effect on our government’s relationship with China than a Justice Department amicus brief(2018 WL 1181858) in an antitrust case at the U.S. Supreme Court. But by siding with two U.S. purchasers of vitamin C who have challenged the credibility of China’s Ministry of Commerce, the Justice Department has put itself at odds with the Chinese go


DOJ wants to change the constitutional conversation in sanctuary cities cases

The Justice Department sued California late Tuesday, asking a federal judge in Sacramento to invalidate three recently enacted state statutes that allegedly interfere with the federal government’s ability to enforce immigration laws. The Justice Department complaint accuses California of deliberately undermining federal authority in violation of the Constitution’s Supremacy Clause.

New front in MBS litigation: Pension funds claim Ocwen breached ERISA duty

If there is any silver lining to the lingering black cloud of the mortgage crisis, it’s the incredibly creative legal theories devised by investors who lost hundreds of billions of dollars in overhyped mortgage-backed securities. In a decade of MBS litigation, investors figured out how to hold banks, mortgage issuers and even credit rating agencies accountable for misrepresenting the quality of the mortgages underlying the complex instruments they were peddling. It took ingenuity and

Shareholders in AOL appraisal case: If judge fixes 'computational errors,' case is a win

Shareholder lawyer Stuart Grant of Grant & Eisenhofer lost two big appraisal decisions at the end of February, as judges in Delaware Chancery Court begin to apply the Supreme Court’s recently-issued strictures on appraisal actions asking the court to set a fair value for shares of acquired companies, one against dissenting shareholders at Aruba Networks, the other by shareholders suing AOL. Last week, Grant filed motions for rehearing in both cases.

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