News Feed https://jenner.com/library News Description https://jenner.com/library Partner Gianni Servodidio Elevated to Leadership Role <p> In February 2021, Jenner &amp; Block Partner <a href="https://jenner.com/people/GianniServodidio">Gianni P. Servodidio</a> became co-chair of the Trademark, Advertising, and Unfair Competition Practice with Partner <a href="https://jenner.com/people/SusanKohlmann">Susan J. Kohlmann</a>.</p> <p> Mr. Servodidio has decades of experience representing Fortune 500 companies in high-stakes trademark infringement, advertising and content protection litigation. Last year, he was a part of the trial team that <a href="https://jenner.com/library/news/19860">secured </a>a landmark damages award in a trade dress infringement case for firm client Hetronic, a leading manufacturer of customizable radio remote control solutions. He also has led trademark infringement cases for Diageo North America, Uber Technologies, and Groupon and played a key role in some of the firm’s most significant content protection cases against online infringers.</p> 11 Feb 2021 https://jenner.com/library/news/20705 https://jenner.com/library Firm Files Amicus Brief in US Supreme Court Case Over US Military Draft <p> On Wednesday, February 10, a Jenner &amp; Block team filed an amicus brief on behalf of a prominent group of retired generals, admirals, and other flag officers in a US Supreme Court case over the constitutionality of the military draft.</p> <p> Since 1948, the Military Selective Service Act has authorized the President to require only men – but not women – to register for the draft. The ACLU and co-counsel filed a case before the Supreme Court asking the Court to declare the Act unconstitutional. The case argues that the Act is one of the last examples of overt sex discrimination written into law from a bygone era.</p> <p> The firm’s <a href="https://jenner.com//system/assets/assets/11390/original/Military%20draft%20amicus.pdf">brief </a>is filed pro bono on behalf of General Michael Hayden, General Stanley McChrystal, Lieutenant General Claudia Kennedy, Major General Randy Manner, Major General Gale Pollock, Brigadier General Stephen Cheney, Brigadier General Carlos E. Martinez, Brigadier General Marianne Watson, Rear Admiral John Hutson, and Rear Admiral Harold L. Robinson.</p> <p> The brief argues that the draft should include both men and women, highlighting the achievements, contributions, and sacrifices women have made in the service of the nation, and recognizing that drafting women alongside men will improve the nation’s military readiness.</p> <p> “Today, women form an integral part of the US Military, in both combat and noncombat roles,” the brief states. “Requiring both women and men to register for the selective service is a long overdue next step. Indeed, the male-only selective service registration requirement is the last vestige of an American service force that no longer exists.”</p> <p> Jenner &amp; Block Law Clerk Laurel A. Raymond prepared the brief, with input from Partners <a href="https://jenner.com/people/LindsayHarrison">Lindsay C. Harrison</a>, <a href="https://jenner.com/people/ToddToral">Todd C. Toral</a>, and <a href="https://jenner.com/people/PrevinWarren">Previn Warren</a>, Associate <a href="https://jenner.com/people/NoahBokatLindell">Noah B. Bokat-Lindell</a>, and Senior Paralegal Cheryl Olson.</p> 11 Feb 2021 https://jenner.com/library/news/20708 https://jenner.com/library Firm Releases 20th Edition of <i>The Heart of the Matter</i>, Report on Pro Bono Initiatives <p> Every year since 2001, the firm has published <em>The Heart of the Matter</em>. The annual report tells the triumphant stories of people and organizations who overcame challenging legal circumstances. This year’s report also discusses the benefits of partnering with clients and includes a special section about how we responded to the challenges we faced in 2020. Our seven partners share a message about the firm’s five-year, $250 million pro bono <a href="https://jenner.com/library/posts/20420">commitment</a>.</p> <p> Click <a href="https://www.probono2020.jenner.com/">here </a>to view the report.&nbsp;</p> 12 Feb 2021 https://jenner.com/library/news/20713 https://jenner.com/library Partner Lindsay Harrison Elected Fellow of American Academy of Appellate Lawyers <p> The American Academy of Appellate Lawyers has elected Partner <a href="https://jenner.com/people/LindsayHarrison">Lindsay C. Harrison</a> to become a Fellow. Founded in 1990, the Academy recognizes outstanding appellate lawyers and promotes the highest standards of professionalism and advocacy in appellate courts. Membership is by invitation only and extended only after nomination by two current Fellows; careful consideration of the lawyer’s appellate practice and accomplishments; an extensive vetting process that includes solicitation of input from appellate judges, justices, opposing counsel, co-counsel, and current Fellows; and approval by the Academy’s Board of Directors. Membership is limited to only 500 members in the United States.</p> <p> Ms. Harrison has achieved significant appellate victories in recent years. In 2020, she led a team that won a legal challenge to the President’s rescission of the Deferred Action for Childhood Arrivals program on behalf of Princeton University, a Princeton graduate, and Microsoft. After Ms. Harrison prevailed in district court, the US Supreme Court <a href="https://jenner.com/library/news/20054">affirmed</a>, holding that the rescission of DACA was unlawful based on arguments made primarily in Ms. Harrison’s brief.</p> <p> On behalf of the Union of Concerned Scientists and a prominent scientist, she also recently <a href="https://blog.ucsusa.org/michael-halpern/big-ucs-win-court-questions-epa-limits-on-science-advisory-committees">prevailed </a>in a legal challenge to an Environmental Protective Agency directive that limits the participation of scientists from academia and nonpartisan nonprofit organizations on federal science advisory committees. After the First Circuit <a href="https://jenner.com/system/assets/assets/11101/original/Union of Concerned Scientists v EPA First Circuit decision.pdf">found </a>that the legal challenge was justiciable, EPA rescinded the directive at issue.</p> 12 Feb 2021 https://jenner.com/library/news/20717 https://jenner.com/library "Biden Administration Confirms COVID-19 Liability Protections for Federal Contractors, Employees and Volunteers," <i>Corporate Environmental Lawyer</i> <p> To read the article, please click here.</p> 16 Feb 2021 https://jenner.com/library/news/20723 https://jenner.com/library "EPA Approves Additional Pesticide Products to Use as COVID-19 Disinfectants," <i>Corporate Environmental Lawyer</i> <p> To read the full article, please click here.</p> 16 Feb 2021 https://jenner.com/library/news/20725 https://jenner.com/library Firm Team Secures Dismissal of Securities Class Action Filed Against Cannabis Company <div> A Jenner &amp; Block team obtained a complete victory for cannabis company Curaleaf after securing a dismissal of a securities fraud class action that raised novel issues concerning the regulation of cannabidiol (CBD) products.</div> <div> &nbsp;</div> <div> On Tuesday, February 16, US District Judge Brian Cogan dismissed the lawsuit, which alleged that the company misled investors about the possibility of such regulation.&nbsp;</div> <div> &nbsp;</div> <div> The judge wrote in his order that because “plaintiffs’ claims are premised on the nondisclosure of information that was actually disclosed and further amendment to the complaint would be futile, the motion is granted and the case dismissed.”</div> <div> &nbsp;</div> <div> The result is the first of its kind in a securities fraud class action against a consumer cannabis company.</div> <p> Partner <a href="https://jenner.com/people/StephenAscher">Stephen L. Ascher</a> led the team, which included Partner <a href="https://jenner.com/people/AndrewLichtman">Andrew J. Lichtman</a> and Associates <a href="https://jenner.com/people/JeremyErshow">Jeremy H. Ershow</a> and <a href="https://jenner.com/people/AllisonDouglis">Allison N. Douglis</a>.</p> 17 Feb 2021 https://jenner.com/library/news/20729 https://jenner.com/library Firm Files Amicus Brief On Behalf Of Bipartisan Group Of Senators Urging Supreme Court To Recognize That Low-Level Crack Offenders Can Seek Lower Sentences Under The First Step Act Of 2018 <p> On February 19, Jenner &amp; Block filed an <a href="https://jenner.com/system/assets/assets/11401/original/Terry v. US_Brief of Senators.pdf">amicus brief</a> on behalf of a bipartisan group of Senators – Dick Durbin, Chuck Grassley, Cory Booker, and Mike Lee.&nbsp; The <em>Amici</em> were lead sponsors of the First Step Act of 2018.&nbsp; The First Step Act authorizes retroactive relief for individuals sentenced for crack-cocaine offenses before the Fair Sentencing Act of 2010, which eliminated the now-infamous 100-to-1 disparity between crack and powder cocaine.&nbsp; In <em>Terry v. United States</em>, the Supreme Court is considering whether the relief the First Step Act authorizes extends to individuals sentenced for low-level crack offenses.&nbsp;</p> <p> The brief explains that, as lead sponsors of the First Step Act, the bipartisan group of <em>Amici</em> have a strong interest in ensuring that the Act is interpreted correctly.&nbsp; And the brief explains that, under the Act’s plain text, the Act makes retroactive relief broadly available to all individuals sentenced for crack-cocaine offenses before the Fair Sentencing Act, including those sentenced for low-level crack offenses.</p> <p> The firm team includes Partner <a href="https://jenner.com/people/ZacharySchauf">Zachary C. Schauf</a> and Associates&nbsp;<a href="https://jenner.com/people/ElizabethDeutsch">Elizabeth B. Deutsch</a>, <a href="https://jenner.com/people/NoahBokatLindell">Noah B. Bokat-Lindell</a>, and <a href="https://jenner.com/people/UrjaMittal">Urja Mittal</a>.</p> 22 Feb 2021 https://jenner.com/library/news/20737 https://jenner.com/library "Virginia’s COVID-19 Workplace Safety Regulation Is Permanent: A National Model" <p> To read the full article, please click here.</p> 23 Feb 2021 https://jenner.com/library/news/20741 https://jenner.com/library Firm Team Represents Arizona Secretary of State in Major Voting Rights Case before US Supreme Court <p> On March 2, the Supreme Court will hear arguments in <em>Brnovich &nbsp;v. Democratic National Committee</em>.&nbsp; The case asks whether two Arizona voting restrictions violate Section 2 of the Voting Rights Act.&nbsp; Specifically, Arizona adopted provisions criminalizing non-fraudulent ballot collection and requiring all provisional ballots cast out of precinct to be discarded. &nbsp;These policies have been shown to significantly disenfranchise minority voters, particularly Native American, Black, and Hispanic voters.&nbsp; The case comes to the Court after the en banc Ninth Circuit held last year that the discriminatory policies violate Section 2 of the Voting Rights Act. &nbsp;Arizona Attorney General Mark Brnovich and the Arizona Republican Party are asking the Supreme Court to overturn that decision.</p> <p> Partner <a href="https://jenner.com/people/JessicaAmunson">Jessica Ring Amunson</a> will argue the case before the Court on behalf of Katie Hobbs, Arizona’s Secretary of State. &nbsp;Secretary Hobbs, the state’s chief elections officer, has refused to defend Arizona’s challenged election policies, and has asked the Court to uphold the Ninth Circuit’s ruling below.&nbsp; Dozens of voting rights organizations, state and local officials, business leaders, civil rights advocates, and scholars have filed amici briefs in support of the position advocated by Secretary Hobbs and the other Respondent in this case, the Democratic National Committee.</p> <p> The firm team also includes Partners <a href="https://jenner.com/people/SamHirsch">Sam Hirsch</a> and <a href="https://jenner.com/people/TassityJohnson">Tassity Johnson</a> and Associates <a href="https://jenner.com/people/NoahBokatLindell">Noah B. Bokat-Lindell</a>, <a href="https://jenner.com/people/ElizabethDeutsch">Elizabeth B. Deutsch</a>, and <a href="https://jenner.com/people/AlexLanglinais">Jonathan A. Langlinais</a>.&nbsp; The firm team has been supported by Senior Paralegal Cheryl Olson and Associate Manager of Docketing Services Tyler Edwards.</p> <p> The case is being closely followed and has been reported in the media, including <em><a href="https://www.reuters.com/article/us-usa-court-ballots/republican-backed-voting-curbs-set-for-u-s-supreme-court-scrutiny-idUSKBN2AO18L?il=0">Reuters</a>.</em></p> 23 Feb 2021 https://jenner.com/library/news/20746 https://jenner.com/library Paul Feldberg Shares Insight on the UK's Supreme Court Ruling in <i>KBR</i>, Brexit, and DPAs <p> In an article for <em>Commercial Dispute Resolution,</em> Jenner &amp; Block Partner <a href="https://jenner.com/people/PaulFeldberg">Paul Feldberg</a> discusses the changes wrought by Brexit to the Serious Fraud Office’s (SFO) investigatory powers and the “high profile yet low impact” UK Supreme Court decision in <em>KBR v. SFO.</em>&nbsp; Titled “The SFO in 2021: Supreme Court, Brexit, and DPAs,” the article examines the SFO’s narrowed access to regulatory authorities in the European Union, and the achievements thus far of the deferred prosecution agreement regime in the context of both corporates and individuals.</p> <p> To read more, please click <a href="https://jenner.com/system/assets/assets/11406/original/JB-Cov-CDR-2021February23.pdf">here</a>.</p> 25 Feb 2021 https://jenner.com/library/news/20755 https://jenner.com/library Aviation and Aerospace Team Advises SPAC in Merger with Joby Aviation <p> On February 24, firm client Reinvent Technology Partners, a special purpose acquisition company run by LinkedIn co-founder Reid Hoffman and Zynga founder Mark Pincus, entered into a merger agreement with Joby Aviation, an electric aviation company based out of Northern California. The Wall Street Journal covered the deal <a href="https://www.wsj.com/articles/air-taxi-startup-joby-will-combine-with-spac-reinvent-technology-11614190157?mod=searchresults_pos1&amp;page=1">here</a>. The new company, which will have a post-money valuation of $6.6 billion, will be listed on the New York Stock Exchange. To celebrate, the company released the <a href="https://youtu.be/4wbFw165ar0">first footage of its electric aircraft in flight</a>.&nbsp;</p> <p> The core team, led by Partner <a href="https://jenner.com/people/MarcWarren">Marc L. Warren</a>, advised the client on aviation and government contracts-related regulatory issues and also included Associates <a href="https://jenner.com/people/GrantSchweikert">Grant B. Schweikert</a>, <a href="https://jenner.com/people/UmerChaudhry">Umer M. Chaudhry</a>, and <a href="https://jenner.com/people/ChristinaLopez">Christina T. Lopez</a>. Partners <a href="https://jenner.com/people/DavidRobbins">David B. Robbins</a> and <a href="https://jenner.com/people/StevenEnglund">Steven R. Englund</a> also provided critical assistance to the cross-practice team effort.</p> 24 Feb 2021 https://jenner.com/library/news/20756 https://jenner.com/library Client Alert: Three Key Takeaways from the DOJ Fraud Section’s 2020 Annual Report <p> Please read the full article.</p> 1 Mar 2021 https://jenner.com/library/news/20762 https://jenner.com/library "Guide to COVID-19 Workplace Safety Regulation in Four State-Plan States" <p> Please read the full article.</p> 3 Mar 2021 https://jenner.com/library/news/20766 https://jenner.com/library Client Alert: OSHA under Deadline for a Nationwide COVID-19 Workplace Safety Rule: Four States’ Existing Laws and New Federal Guidance and Orders Foretell the Future <p> Please read the article.</p> 3 Mar 2021 https://jenner.com/library/news/20768 https://jenner.com/library Judge Dismisses Class Action against Marriott for Lack of Standing <p> The firm obtained a significant win for Marriott in litigation that centered on a property system incident involving guest data.</p> <p> In <em>Springmeyer et al v. Marriott</em>, the plaintiffs alleged that their personal identifying information (PII) was improperly accessed in a property system incident announced in March 2020. They brought 11 claims under various common law and statutory causes of action.</p> <p> On March 3, Judge Paul W. Grimmof the US District Court for the District of Maryland <a href="https://jenner.com/system/assets/assets/11413/original/Order%20of%20Dismissal%20-%20Springmeyer.pdf">dismissed</a> the suit with prejudice. In his nine-page opinion, Judge Grimm said that the plaintiffs failed to adequately plead that their alleged injuries were traceable to Marriott’s conduct.</p> <p> “Plaintiffs fail to allege any facts describing Marriott’s cybersecurity or steps that it could have or should have taken to prevent this data breach,” Judge Grimm wrote. Because amending the complaint would be futile, Judge Grimm dismissed the suit with prejudice.</p> <p> The team representing Marriott included Partners <a href="https://jenner.com/people/DavidDebruin">David W. DeBruin</a>, <a href="https://jenner.com/people/LindsayHarrison">Lindsay C. Harrison</a>, <a href="https://jenner.com/people/PaulRietema">Paul B. Rietema</a>, and <a href="https://jenner.com/people/ZacharySchauf">Zachary C. Schauf</a>&nbsp;and Associates <a href="https://jenner.com/people/BrennaField">Brenna Field</a> and <a href="https://jenner.com/people/ClaireLally">Claire Lally</a>.</p> <p> Jenner &amp; Block previously secured <a href="https://jenner.com/library/news/20629">dismissal</a> of a similar class action lawsuit in the Central District of California.</p> <p> <em><a href="https://www.law360.com/articles/1361179/marriott-beats-proposed-class-action-over-data-breach">Law360</a></em> and Reuters reported on the dismissal.</p> 5 Mar 2021 https://jenner.com/library/news/20772 https://jenner.com/library Client Alert: “The Order is Rapidly Fadin’”—Courts Begin to Protect Landlords’ Rights in the Face of Eviction Moratoria <p> To read the full article, please click here.</p> 4 Mar 2021 https://jenner.com/library/news/20777