Wake Up Call: Kavanaugh Foes, Supporters Dive Into Long Paper Trail

Brett Kavanaugh, appeals court judge, arrives after being nominated as an associate justice of the U.S. Supreme Court by U.S. President Donald Trump, not pictured, during a ceremony in the East Room of the White House in Washington, D.C., U.S., on Monday, July 9, 2018. U.S. President Donald Trump is poised to continue his remake of the Supreme Court that could solidify conservative jurisprudence for years after a short but intense build-up since Justice Anthony Kennedy announced his retirement less than two weeks ago. Photographer: Andrew Harrer/Bloomberg

• President Donald Trump’s latest Supreme Court nominee, Judge Brett Kavanaugh, has left a long paper trail in his nearly 300 opinions in 12 years on the D.C. Circuit Court of Appeals, not to mention his previous work for Ken Starr’s independent counsel probe of the Clintons and for President George W. Bush’s White House. Now, both opponents and supporters of his nomination are digging into those documents. (Bloomberg)

• The fierce confirmation battle over Kavanaugh’s nomination could grind to a crawl if Senate Democrats insist on receiving all of what could be millions of pages of records. (Politico)

• California Democratic Senator Dianne Feinstein hired Washington-based Morrison & Foerster partner Marc Hearron to vet Kavanaugh’s nomination. (The Recorder) The Trump administration, meanwhile, asked former Arizona Republican Senator Jon Kyl, who is now senior of counsel at Covington & Burling, to shepherd Kavanaugh’s nomination in the Senate. (CBS News)

• Holland & Knight brought on a 12-lawyer team–11 partners and one of counsel–from Reed Smith to launch a new office in Philadelphia. The team includes executive partner John Martini, who led global executive compensation and employee benefits practice at Reed Smith, and Leonard Bernstein, who was Reed Smith’s Philadelphia office managing partner and will head Holland & Knight’s financial services regulatory group. (Legal Intelligencer)

• Sullivan & Cromwell topped all law firms in the first half of 2018 by advising on the largest dollar volume of global mergers, despite working on 108 fewer deals than its nearest competitor, new data show. (Bloomberg Law via BLB)

• While lawyers have been doling out lots of advice in the wake of the #MeToo movement, critics say firms should be attending to their own sexual harassment problems. (Bloomberg Law via BLB)

• Uber Technologies Inc.’s human resources chief Liane Hornsey has resigned, the latest bigwig out at the scandal-plagued ride-hailing giant. Horney’s exit came after an anonymous employee emailed Uber’s whistle-blower account and Chief Legal Officer Tony West with allegations against her, prompting West to get Gibson Dunn to investigate. (Bloomberg)



• Trump’s nomination of Kavanaugh got praise form anti-abortion and conservative groups, while environmental, pro-abortion, and LGBT-rights groups warned it would wreak havoc on fundamental precedents. (Bloomberg Law)

• He would bring a history of ruling in privacy cases at a time when more privacy and emerging technology disputes will reach the high court. (Bloomberg Law)

• Why Donald Trump nominated Brett Kavanaugh to the Supreme Court. (The New Yorker)


Lawyers and Law Firms

• The Trump administration wants to promote former Morgan Lewis lawyer Bryan Jarrett, currently acting head of its federal wage and hour enforcement office, to lead the Labor Department’s policy shop. (Bloomberg Law)

• Former Wilson Elser equity partner Kym Cushing could face disbarment in Nevada after the firm alleged that he tried to steal firm funds. Cushing, for his part, said the firm failed to help with his alcoholism and is using a smear campaign to keep him from taking his corporate clients to a new firm. (New York Law Journal)

• Former FBI lawyer Lisa Page, a source of controversy over special counsel Robert Mueller’s Russia probe, will not appear before congressional investigators despite a subpoena, said her lawyer, Arnold Porter partner Amy Jeffress. (Bloomberg)


Laterals, Moves

• Cozen O’Connor said veteran bankruptcy litigator Thomas J. Francella Jr. joined its national bankruptcy, insolvency, & restructuring group as a member in its Wilmington, Delaware, office. He comes from Whiteford, Taylor & Preston LLC, where he was a partner (Cozen.com)

• Cozen O’Connor Public Strategies said veteran lobbyist Patrick G. Martin will lead its Chicago government relations and public affairs expansion. Martin comes to the firm from the Federal Public Affairs Group at McGuireWoods Consulting. (Cozen.com)

• Winston & Strawn said partner Warren Loui was named chairman of the board of the Weingart Center, a non-profit organization in Los Angeles for homeless and at-risk homeless in the Western U.S. (Winston.com)


Legal Actions

• Monsanto Co. lost a court ruling that permits key witnesses to testify in a lawsuit claiming the company’s Roundup weed killer caused cancer for farmers and other users. (Bloomberg)



• Facebook could be fined about $664,000 by the U.K.’s privacy regulator for failing to prevent key user data falling into the hands of a political consultancy that helped get Trump elected. (Bloomberg)

• A cryptocollectibles tech company lost its preliminary bid in a California federal court to block a competitor accused of stealing its trade secrets by releasing characters resembling NBA star Stephen Curry in a blockchain-based CryptoKitties virtual game. (Bloomberg Law)

Compiled by Rick Mitchell and edited by Tom Taylor.