Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.
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WEDNESDAY, JULY 17, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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Analysis

3 Reasons Why 2nd Menendez Bribery Case Was The Charm

By Carla Baranauckas

Nearly seven years after the government's first bribery case against longtime U.S. Sen. Robert Menendez collapsed in a hung jury, prosecutors avenged that loss Tuesday by sealing a conviction on a new round of corruption charges.

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Menendez Guilty Of 'Shocking Corruption,' Urged To Resign

By Cara Salvatore, Pete Brush and Carla Baranauckas

A New York federal jury found U.S. Sen. Robert Menendez guilty on Tuesday of taking gold bars, cash and a Mercedes-Benz as bribes from three businessmen, handing a victory to the government on its second try to convict the embattled New Jersey Democrat on corruption charges and prompting calls for his resignation.

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Chinese Exile Guo Guilty On Most Counts In $1B Fraud Case

By Pete Brush

A Manhattan federal jury on Tuesday convicted prominent Chinese Communist Party critic Miles Guo on most charges alleging he operated a vast fraud that solicited more than $1 billion worth of sham investments from his supporters.

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Trump Special Prosecutor Ruling Could Find Favor On Appeal

By Carolina Bolado

When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.

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Smirnov Wants David Weiss DQ'd After Trump Docs Ruling

By Hailey Konnath

Former FBI informant Alexander Smirnov said Monday that a Florida federal judge's order disqualifying the special prosecutor in the Donald Trump classified documents case means special counsel David Weiss should also be disqualified from Smirnov's case, according to a motion filed in California federal court.

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Cohen Asks Justices To Hear Claim Trump Put Him In Prison

By Elliot Weld

Donald Trump's former attorney-turned-critic Michael Cohen has asked the U.S. Supreme Court to take another look at his suit claiming the former president had him imprisoned in retaliation for his plans to portray Trump negatively in his book.

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Ex-Trump Counsel Has Advice For GOP On Judicial Noms

By Courtney Bublé

A former Trump White House official who worked on judicial nominations has advised a potential future Republican administration to be aggressive, proactive and not to compromise on circuit court picks.

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Influencer's Forest Pics Not 'Work Activity,' 10th Circ. Rules

By Daniel Ducassi

A Tenth Circuit panel on Tuesday reversed a social media influencer's conviction for unauthorized work on National Forest Service property after he posted Instagram photos of himself snowmobiling on closed NFS land, finding that the influencer didn't have fair warning that what he was doing might be considered a federal crime.

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DIVERSITY SNAPSHOT

The 2024 Diversity Snapshot: What You Need To Know

By Xiumei Dong

Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.

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These Firms Have The Most Diverse Equity Partnerships

By Gerald Schifman

Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.

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BANKING & SECURITIES

Coinbase Scales Back Its SEC Request For Gensler Docs

By Aislinn Keely

Crypto exchange Coinbase said it will narrow its request for the communications of U.S. Securities and Exchange Commission Chair Gary Gensler after the New York federal judge overseeing its enforcement suit warned that seeking private emails would be a "tough road to hoe."

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Banks Say 'Ambiguity' Hampers FDIC's Digital Signage Rules

By Sarah Jarvis

Major banking trade groups have urged the Federal Deposit Insurance Corp. to clarify its new rule on how banks should display digital branding about deposit insurance to online customers, saying their compliance efforts have been hampered by "significant ambiguity" in the rule.

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ENERGY & ENVIRONMENTAL

DC Circ. Knocks La. Site FERC Order, Tosses LNG Export Row

By Tom Lotshaw

Two D.C. Circuit panels on Tuesday ruled the Federal Energy Regulatory Commission inadequately explained a failure to assess the significance of greenhouse gas emissions for proposed liquefied natural gas facilities in Louisiana, dismissing a challenge of approvals allowing a Texas project to send more of its LNG exports to nonfree trade agreement countries.

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Pollution Settlement Will Work To Restore Wash. River Habitat

By Crystal Owens

An agreement between the federal government, Washington state and two tribes, on one side, and a pair of recycling companies and a metal fabricator on the other will put in place a three-acre habitat restoration project along the Lower Duwamish River in Seattle, resolving claims that oil and hazardous were released into the waters for a decade.

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IP & TECHNOLOGY

USPTO Provides Guidance On AI And Patent Eligibility

By Ryan Davis

The U.S. Patent and Trademark Office on Tuesday unveiled guidance for when inventions involving artificial intelligence are eligible for patents, saying the guidelines are aimed at "providing further clarity and consistency" on the issue.

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MEDIA & ENTERTAINMENT

FCC's Media Ownership Rules Are 'Relics,' 8th Circ. Told

By Christopher Cole

Broadcasters are pressing the Eighth Circuit to unravel the Federal Communications Commission's latest local media ownership rules, saying they are based on views of the industry that are long outdated.

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TRANSPORTATION & INFRASTRUCTURE

Santander Says Boston Tow Policy Violates Its Rights

By Julie Manganis

Boston's policy of allowing tow companies to auction off vehicles to cover the cost of towing and storage violates the due process rights of lenders who hold a security interest, Santander Consumer USA said in a complaint filed on Monday in federal court.

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INSURANCE

Praying Coach's School Faces Skeptical Judge In Fee Fight

By Rachel Riley

A Washington state appellate judge struggled Tuesday to follow a school district's argument that its insurer should cover a nearly $1.8 million legal bill for a praying football coach's U.S. Supreme Court win, pointing to a policy exclusion for certain adverse judgments.

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REAL ESTATE

County Says Pittsburgh Schools Can't Force Reassessment

By Matthew Santoni

As one taxing body out of many in Allegheny County, Pennsylvania, the School District of Pittsburgh lacks standing in its lawsuit seeking to force a countywide reassessment of property values, the county said in its preliminary objections to the suit.

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EMPLOYMENT & BENEFITS

Ex-County Exec Wants Firm Kicked Off NJ Discrimination Suit

By George Woolston

A former New Jersey county health director who claims his termination was retaliatory wants the firm representing the county disqualified, arguing Testa Heck Testa & White PA is conflicted due to interactions he had with two of the firm's attorneys before and during his termination meeting.

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CONSUMER PROTECTION

FCC Plans Vote To Expand AI Robocall Regulations

By Christopher Cole

The Federal Communications Commission announced Tuesday that it plans to vote next month on a proposal to require robocallers to disclose their use of artificial intelligence to call recipients, among other potential new rules surrounding AI in telecommunications.

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PERSONAL INJURY & MEDICAL MALPRACTICE

Gilead Asks Calif. Supreme Court To Ax 'Disastrous' Decision

By Bonnie Eslinger

Gilead Sciences on Monday urged the California Supreme Court to overturn an appellate panel's decision that the company can't ditch claims it held back a safer HIV drug to maximize profits on an older medication, saying that holding manufacturers liable for non-defective products would "yield disastrous policy consequences."

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No Immunity For Philadelphia Transit In Bus-Stop Injury

By Jonathan Capriel

The Philadelphia-area transit system can't escape a lawsuit accusing one of its bus drivers of refusing to lower a handicap accessible ramp, resulting in a passenger twisting her leg while exiting the vehicle, a state appeals court ruled, saying the claims fall squarely with the motor-vehicle exception to sovereign immunity.

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INTERNATIONAL TRADE

Fed. Circ. Denies US Cos. Interest From Late Duty Payments

By Alyssa Aquino

Domestic companies that are entitled to antidumping and countervailing duty payments under the now-defunct Continued Dumping and Subsidy Offset Act aren't entitled to the interest that accrues when the tariff is paid late, the Federal Circuit ruled.

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TAX

Tax Transparency Neglected In Latin America, Ex-Officials Say

By Kevin Pinner

The international tax transparency system is failing to produce results for Latin American governments, whose scant information requests are too often met with resistance and whose prosecutions generally lack a cross-cutting approach to tax, former officials from the region said Tuesday.

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BANKRUPTCY

7th Circ. Says Foreign Retirement Not Shielded In Bankruptcy

By Anna Scott Farrell

A professor who filed for bankruptcy in Illinois can't protect his Canadian retirement account from creditors because the account is ineligible under a state law shielding accounts that qualify as retirement plans under the Internal Revenue Code, the Seventh Circuit ruled Tuesday.

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IMMIGRATION

Feds Contest Texas DA's Immunity In Migrant Arrest Law Fight

By Britain Eakin

Nonprofits challenging Texas' migrant arrest law have urged the Fifth Circuit to reject Texas District Attorney Bill Hicks' claim of immunity, saying his argument that the Fifth Circuit's ruling in a separate case over changes to the state's election code is meritless.

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Durbin Probes ICE Healthcare Measures After Death Reports

By Alyssa Aquino

Senate Majority Whip Dick Durbin, D-Ill., on Tuesday pressed U.S. Immigration and Customs Enforcement to explain its protections for medically vulnerable detainees after human rights organizations reported that the agency could have prevented most detainee deaths between 2017 and 2022.

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Texas Says Maritime Expert Shouldn't Testify In Barrier Fight

By Gina Kim

Texas moved to exclude a maritime expert witness for the U.S. government in its case challenging the state's barrier installed on the Rio Grande aimed at countering increasing migration, arguing on Tuesday the proposed witness, who plans to testify the barrier obstructs navigability, isn't an expert on buoys, booms or floats.

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WHITE COLLAR

Ill. Judge Wants Expert Testimony Preview In Madigan Trial

By Lauraann Wood

An Illinois federal judge said Tuesday that he needs to hear more about potential testimony from certain Chicago politics experts and a proposal to research potential jurors before he decides whether either are appropriate for former state House speaker Michael Madigan's corruption trial.

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Ex-Philly Charter School Exec Gets 7 Years For Embezzlement

By P.J. D'Annunzio

Abdur Rahim Islam, who ran famed R&B producer Kenny Gamble's Philadelphia-based housing and education nonprofit, was sentenced Tuesday to seven years in prison for stealing hundreds of thousands of dollars from the organization and using the ill-gotten gains for Caribbean vacations.

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NATIVE AMERICAN

Calif. Tribe Awarded $8.2M Over Destruction Of Cultural Site

By Joyce Hanson

A California district court judge has granted the Quechan Indian Tribe's request for approximately $8.2 million in damages after finding that a federal government construction project damaged cultural and archaeological sites on the tribe's reservation.

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TELECOMMUNICATIONS

FCC Says Call Routing Protocols Need Better Security

By Jared Foretek

The Federal Communications Commission says it's stepping up its efforts to better secure the signaling protocols mobile telecom providers use to place and maintain calls, telling concerned lawmakers that carriers nationwide have implemented the commission's best practices for network security.

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SpaceX Loses Bid To Block Rival's Earth Station Renewals

By Jared Foretek

The Federal Communications Commission denied SpaceX's request to reconsider the agency's renewal of licenses for three earth stations from satellite communications company DBSD Corp., saying in a new order that SpaceX showed little to support its claim that DBSD was using "obstructionist" tactics to interfere with SpaceX operations.

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FCC Dings América Móvil For Lack Of Notice On Stock Reorg

By Nadia Dreid

Mexican mobile operator América Móvil has admitted to the Federal Communications Commission that it broke the rules by transferring control of certain FCC licenses and authorizations to a quartet of subsidiaries without informing the agency.

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EXPERT ANALYSIS

A Refresher On Calculating Political Advertising Costs

With election season well underway, it is important for broadcasters, political candidates, time buyers and others concerned with how the cost of broadcast political advertising is determined to know what the Federal Communications Commission factors into lowest unit calculations, and how the commission has defined "commercial advertisers," says Gregg Skall at Telecommunications Law Professionals.

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What Happens After Hawaii Kids' Historic Climate Deal

Implications of the Hawaii Department of Transportation's first-of-its-kind settlement with youth plaintiffs over constitutional climate claims may be limited, but it could incite similar claims, says J. Michael Showalter and Robert Middleton at ArentFox Schiff.

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The Show Must Go On: Noncompete Uncertainty In Film, TV

The Federal Trade Commission has taken action to ban noncompetes while the entertainment industry is in the midst of a massive shift away from traditional media, so it is important for studio heads and content owners alike to understand the fate of the rule and their options going forward, say Christopher Chatham and Douglas Smith at Manatt.

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Series

After Chevron: Piercing FEMA Authority Is Not Insurmountable

While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.

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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

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Big Business May Come To Rue The Post-Administrative State

Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

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How Tech Trackers May Implicate HIPAA After Hospital Ruling

A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.

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Series

Serving In The National Guard Makes Me A Better Lawyer

My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

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LEGAL INDUSTRY

Fed. Circ. OKs Judge Connolly's Fine Against IP Biz Owner

By Andrew Karpan

A precedential ruling from the Federal Circuit on Tuesday found that Delaware's top judge has the right to fine a Texas paralegal who is the sole owner of patent litigation outfit Backertop Licensing LLC $200 a day for refusing to show up in court as part of the judge's investigation into whether Backertop and others hid their connection to big-name intellectual property consulting firm IP Edge.

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Musk Says X, SpaceX Moving To Texas Over Calif. Gender Law

By Lauren Berg

Elon Musk took to X Tuesday to announce he will be moving the headquarters of the social media company and his astronautics company, SpaceX, out of California to Texas, after Golden State Gov. Gavin Newsom signed a bill that bars policies mandating that teachers notify parents about students' gender identity.

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$4.5M Davis Wright Deal In Ore. Fraud Suit Gets Final OK

By Sydney Price

An Oregon federal judge has fully adopted a magistrate judge's recommendation to sign off on a $4.5 million deal resolving investor claims against law firm Davis Wright Tremaine LLP for its work representing entities involved in an alleged real estate securities fraud scheme, while two banks were dismissed from the case.

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Tesla Swaps Cravath Out, WilmerHale In For Antitrust Defense

By Lauren Berg

WilmerHale has taken over from Cravath Swaine & Moore LLP as counsel for Tesla in a proposed class action in California federal court alleging the company runs an unlawful monopoly on parts for its electric vehicles.

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ACLU Legal Director Leaving For Expanded Georgetown Role

By Kevin Penton

The American Civil Liberties Union's national legal director plans to step down from a role he has held for eight years, the organization confirmed Tuesday.

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Groups Slam UC Berkeley's 'Misreading' Of Antisemitism Case

By Jake Maher

Jewish organizations suing the University of California, Berkeley, and its law school for allegedly tolerating an antisemitic culture on campus fought to keep their suit alive this week in the face of a motion to dismiss, maintaining their claims are ripe despite UC Berkeley's "bold misreading" of the case.

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LAW FIRMS IN TODAY'S NEWS

Akin Gump

Alston & Bird

ArentFox Schiff

Arnold & Porter

Atheria Law

Atkinson Andelson

Baker Botts

Baker Donelson

Berry Appleman

Best Best & Krieger

Boies Schiller

Bookoff McAndrews

Breen & Pugh

Buchalter APC

Buckley LLP

Cahill Gordon

Carlton Fields

Chamberlain Hrdlicka

Clark Hill

Cleary Gottlieb

Coburn & Greenbaum

Continental PLLC

Cooley LLP

Cravath Swaine

Crowell & Moring

Cuneo Gilbert

Davis & Wright

Davis Wright Tremaine LLP

Diaz Reus

Eckert Seamans

Ellis George LLP

Esler Stephens

Esner Chang

Farella Braun

Finger & Slanina

Finnegan

Fragomen Del Rey

Freed Kanner

Fullerton Beck

Gibbons PC

Gibson Dunn

Gilbert LLP

Glancy Prongay

Gordon Tilden

Grant & Eisenhofer

Gross Klein

Habba Madaio

Hogan Lovells

Holland & Knight

Ionno & Higbee

Irell & Manella

Jones Day

K&L Gates

Kasowitz Benson

Katten Muchin

Keker Van Nest & Peters

Kershaw Talley

King & Spalding

Knobbe Martens

Kudman Trachten

Larkins Vacura

Law Offices of Daniel Weltin

Lozano Smith

Manatt Phelps

Manning & Kass

Morrison Foerster

Munger Tolles

Nelson Mullins

Norris McLaughlin

Nossaman LLP

Orrick Herrington

Paternoster Farnell

Paul Hastings

Pearson Warshaw

Perkins Coie

Pryor Cashman

Riley Safer

Roig Lawyers

Saveri & Saveri

Schneider Wallace

ScottHulse

Seed IP

Selendy Gay

Shutts & Bowen

Soha & Lang

Spencer Scott PLLC

Squire Patton

Sterne Kessler

Stoll Berne

Sullivan & Cromwell

Summit Law Group

Telecommunications Law Professionals

Testa Heck

The Bristol Group PLLC

The Law Firm of Cesar de Castro

Tostrud Law Group

Trammell PC

UB Greensfelder

Wachtell Lipton

Waymaker LLP

Weiss Burkardt

White & Case

Willkie Farr

WilmerHale

Wilson Sonsini

Winston & Strawn

Withersworldwide

Wong Fleming

Zuber Lawler

COMPANIES IN TODAY'S NEWS

Aires

American Bankers Association

American Civil Liberties Union

American Gateways

American Honda Finance Corp.

American Hospital Association

Balentine

Bank Policy Institute

Center for Biological Diversity Inc.

Chester Water Authority

Chevron Corp.

Coinbase Global Inc.

Commonwealth Edison Co.

Consumer Bankers Association

Cottrell Inc.

Deutsche Bank AG

EchoStar Corp.

Gilead Sciences Inc.

Golden Pass LNG Terminal LLC

Hawaii Electric Light Co. Inc.

Instagram Inc.

LinkedIn Corp.

Mercedes-Benz USA LLC

National Association of Broadcasters

National Rifle Association of America

Natural Resources Defense Council

Netflix Inc.

New Civil Liberties Alliance

Nexstar Media Group Inc.

Nucor Corp.

Organization for Economic Cooperation and Development

Pacific Premier Bancorp Inc.

Pluto TV

Public Broadcasting Service

Regents of the University of California

Riverview Bancorp Inc.

Roadrunner Transportation Systems Inc.

Roku Inc.

Ryan LLC

Santander Consumer USA Inc.

Screen Actors Guild-American Federation of Television & Radio Artists

Sierra Club

Southeastern Pennsylvania Transportation Authority

Space Exploration Technologies Corp.

Sunoco LP

Tesla Inc.

The David J. Joseph Co.

The Goldman Sachs Group Inc.

U.S. Chamber of Commerce

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Commodity Futures Trading Commission

Consumer Financial Protection Bureau

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Emergency Management Agency

Federal Energy Regulatory Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

Hawaii Department of Transportation

Internal Revenue Service

Montana Legislature

Muckleshoot Indian Tribe

National Labor Relations Board

National Oceanic and Atmospheric Administration

Office of the Comptroller of the Currency

Pennsylvania Supreme Court

Suquamish Tribe

U.S. Attorney's Office for the District of Colorado

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

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

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

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

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

U.S. Attorney's Office for the Western District of Texas

U.S. Civilian Board of Contract Appeals

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 Federal Circuit

U.S. Court of Appeals for the Fifth 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 Tenth Circuit

U.S. Customs and Border Protection

U.S. Department of Commerce

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Treasury

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

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Oregon

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

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

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

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

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

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

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 Texas

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United Nations

United States District Court for the Eastern District of Wisconsin

Washington Attorney General's Office

Western Area Power Administration

World Health Organization