News Feed News Description Justice Entrepreneurs Project Secures Grant from MacArthur Foundation <p> The Chicago Bar Foundation (CBF) has received a two-year, $400,000 grant from the John D. and Catherine T. MacArthur Foundation to support the CBF’s Justice Entrepreneurs Project (JEP).&nbsp; The JEP is an incubator for recent law school graduates to start innovative, socially conscious law practices in the Chicago area that provide affordable services to low- and moderate-income people, a vastly underserved client base.&nbsp; In a <a href="">press release about the grant</a>, Partner <a href="">Terri L. Mascherin</a>, who is chair of the JEP Steering Committee, is quoted saying that the JEP is a “cutting-edge response to a growing and very troublesome failure of the consumer market for legal services.&nbsp; It marries proven principles from the business and tech startup fields with the latest innovations in legal practice to develop sustainable new models for delivering affordable legal services to low and moderate income people in need.”&nbsp;&nbsp; In an article in <em><a href="">Crain’s Chicago Business</a></em> (<em>subscription required</em>), Terri notes that the project bridges three problems: the shrinking budgets of legal aid organizations, the financial straits of “regular people” who need legal help and the&nbsp;need for training of lawyers&nbsp;who want to build practices to serve those clients.&nbsp; To learn more about the JEP, click <a href="">here</a>.</p> 27 Feb 2015 Jenner & Block Partners Recognized Among Top Lawyers in Illinois by <i>Leading Lawyers Magazine</i> <p> In the recently published <em>Leading Lawyers Network</em> <em>Magazine—Real Estate, Construction &amp; Environmental Edition, </em>Partner <a href="">Joseph G. Bisceglia</a> was ranked among the “Top 10 Leading Construction Lawyers in Illinois.”</p> <p> Partners <a href="">Robert L. Graham</a> and <a href="">E. Lynn Grayson</a> were included among the “Top 10 Leading Environmental Lawyers in Illinois” and Ms. Grayson was also ranked among the “Top 10 Leading Women Real Estate-Related Lawyers in Illinois.”</p> <p> Partner <a href="">Donald I. Resnick</a> was named among the “Top 10 Leading Real Estate Lawyers in Illinois.”&nbsp; &nbsp;</p> <p> Partner <a href="">Gabrielle Sigel</a> was ranked among the “Top 100 Leading Women Real Estate-Related Lawyers in Illinois.” &nbsp;</p> <p> The Leading Lawyers rankings are based on surveys of the attorneys’ professional peers, asking which of their peers, indeed their competitors, they would recommend to a family member or friend if they could not take a case within their area of law or geographic region. &nbsp;Lawyers cannot nominate themselves or anyone at their own law firm.</p> 2 Mar 2015 Partner Mary Ellen Callahan Testifies before U.S. House Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies <p> Jenner &amp; Block Partner <a href="">Mary Ellen Callahan</a> testified on March 4, 2015, before the U.S. House of Representatives Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies, providing reaction to President Obama’s recently released cybersecurity information-sharing proposal. Ms. Callahan, the former chief privacy officer for the US Department of Homeland Security and chair of the firm’s Privacy and Information Governance Practice, explored six factors that she believes are crucial to establishing robust, effective private sector information with the government.&nbsp; The hearing was held in the Cannon House Office Building.</p> <p> Please click <a href="">here</a> to watch a live webcast of the hearing.</p> 3 Mar 2015 Partner Craig Martin Ranked Among <i>Chicago Magazine</i>’s “Power 100” <p> Partner <a href="">Craig C. Martin</a> is ranked among <em>Chicago Magazine</em>’s list of the Windy City’s 100 most powerful people along with one other lawyer in private practice.&nbsp; The fourth annual “Power 100” list describes “the Chicagoans who have the most clout – and why.”&nbsp; According to the magazine, Mr. Martin (#85) is recognized for the following:&nbsp; “Representing Fortune 500 companies and rich families, Martin got a $1 billion pension-loss case against Nuveen dismissed, bested former U.S. attorney Patrick Fitzgerald in court, and was picked to represent the Illinois Municipal League in state pension reform litigation.”&nbsp; The complete list appears in this month’s edition and online <a href="">here</a>.</p> 6 Mar 2015 Partner Timothy Karpoff Speaks about Results of the Government’s Stress Tests on Banks <p> Jenner &amp; Block Partner <a href="">Timothy A. Karpoff</a> was interviewed on Bloomberg&nbsp; Television’s “Street Smart” segment for his insight on the results of the Federal Reserve’s stress tests.&nbsp; The tests indicated that the country’s 31 largest banks&nbsp; have sufficient capital to absorb losses during a prolonged economic downtown.&nbsp; A former US Treasury official, Mr. Karpoff explains that the stress tests are “the beginning of the process,” which includes the banks reporting their capital distribution plans this week.&nbsp; He also observes that there is more to the tests than whether a bank passed or failed.&nbsp; For instance, regarding the government’s increased interest in leveraged loans, Mr. Karpoff said that “as we look deeper into this, we can see did they stress leveraged loans more so than other assets and activities?&nbsp; And I think it’s that kind of information that will give you an even greater sense of&nbsp; how banks are going to start reacting to stress tests in the future and if they start thinking of this as the new binding capital constraint.”&nbsp; <em>Please click <a href=";order=U16133US">here</a> to see the segment.</em></p> <p> &nbsp;</p> 6 Mar 2015 Partner Damien Specht Testifies Before U.S. House Committee on Small Business, Subcommittee on Contracting and Workforce <p> Jenner &amp; Block Partner <a href="">Damien C. Specht</a> testified on March 17, 2015, before the U.S. House of Representatives Subcommittee on Contracting and Workforce, providing his perspective on consolidated contracting issues in the small business industrial base as it relates to bundling and strategic sourcing; the Small Business Administration's (SBA) goaling processes; and the jurisdiction and operation of the SBA's office of Hearings and Appeals. &nbsp;As co-chair of the firm’s Government Contracts Corporate Transactions Practice Group and co-chair of the American Bar Association’s Section of Public Contract Law Small Business &amp; Other Socioeconomic Programs Committee, Mr. Specht works with small government contractors and entrepreneurs as they enter the federal market, navigate size protests and grow into mid-size businesses. &nbsp;<em>Please click <a href="">here</a> to watch a recorded webstream of the hearing.</em></p> 16 Mar 2015 Partner Timothy Karpoff Interviewed for Second Segment on Government Stress Tests on Banks <p> Jenner &amp; Block Partner <a href="">Timothy A. Karpoff</a> was interviewed again on Bloomberg Television’s “Street Smart” segment regarding the second part of the federal government’s stress tests on the country’s 31 largest banks.&nbsp; In the follow-up to his March 5 interview, Mr. Karpoff offered his insight on the qualitative portion of the tests, which indicate the strength of a bank’s financial capital planning processes.&nbsp; A former US Treasury official, Mr. Karpoff observed that there were no real surprises in the results. While the tests revealed some concerns, he said that “the way I think about the stress test these days is a little like the bar exam: the best score is one above passing. As long as you can return the cash that you’re looking for, you don’t want to hold more capital than you have to -- at least that’s what the investors want.”&nbsp; <em>Please click <a href=";order=U16139US">here</a> to see the segment.</em></p> 17 Mar 2015 Partners Harrison and Price Submit Amicus Brief in Case Being Heard by First Circuit <p style="MARGIN: 0in 0in 11.25pt; LINE-HEIGHT: 12.75pt"> <span style="FONT-SIZE: 10pt; COLOR: black"><font color="#000000">Jenner &amp; Block Partners <a href=""><span>Lindsay C. Harrison</span></a> and <a href=""><span>Matthew E. Price</span></a> recently submitted an</font> </span><span style="FONT-SIZE: 10pt; COLOR: #78a22f"><a href=";redirect="><span style="COLOR: #78a22f">amicus brief</span></a></span><span style="FONT-SIZE: 10pt; COLOR: black"> <font color="#000000">in a case that is being heard by the First Circuit sitting en banc.&nbsp; The case concerns the ability of the government to detain immigrants who have old criminal convictions, but who have been living without incident in the community for many years since their release from criminal custody, without holding a bond hearing or considering whether they pose a danger to the community or a risk of flight.&nbsp; On behalf of a group of former immigration judges and former Immigration and Customs Enforcement and Department of Homeland Security officials, the brief argues that the statute at issue does not allow the government to detain such persons absent a bond hearing.&nbsp; “It has been Amici’s experience that applying mandatory detention to individuals who have lived in the community for a prolonged period since their release from criminal custody would <em><span>limit</span></em>, rather than enhance, the authority of immigration officials, and, moreover, could frustrate immigration enforcement,” the brief says.</font></span></p> 20 Mar 2015 Firm Secures Defense Victory for Client UMG in Copyright Dispute <p> Jenner &amp; Block secured a complete defense victory for client Universal-Polygram International Publishing and Capitol Records (UMG) and members of The Beastie Boys when the Southern District of New York granted a motion for summary judgment dismissing a copyright infringement complaint.&nbsp; The plaintiff, Tuf America, claimed The Beastie Boys infringed on sound recordings by the 1980s band Trouble Funk in creating certain Beastie Boys recordings. The court had dismissed four of the six claims in September 2013.&nbsp; On March 24, 2015, the court concluded that the plaintiff lacked standing to assert the remaining two claims, thus ending the battle.&nbsp; The team representing UMG included Partner<a href=""> Andrew H. Bart</a> and Associate <a href="">Nathaniel H. Benforado</a>.&nbsp; News of the victory was reported in <em><a href="">The Hollywood Reporter</a></em> and <em><a href="">Billboard</a></em>.</p> <h3> &nbsp;</h3> 24 Mar 2015 Firm’s Cert Petition Seeks Review of New Jersey Arbitration Case <p> Jenner &amp; Block has filed a petition for certiorari for the US Supreme Court to review a New Jersey Supreme Court holding that an agreement to submit claims to binding arbitration is not enforceable unless the agreement also states that the parties may not litigate their claims in court. The firm represents US Legal Services Group, a San Francisco-based law firm that provides debt relief services to clients around the country through contracts with local attorneys.&nbsp; US Legal has asked the Court to decide whether the Federal Arbitration Act “pre-empts a state-law rule holding that an arbitration agreement is unenforceable unless it affirmatively explains that the contracting party is waiving the right to sue in court.”&nbsp; The Chamber of Commerce, National Federation of Independent Business, the Cato Institute, and others have filed amicus briefs urging the US Supreme Court to grant the petition.&nbsp; In a <a href=";slreturn=20150224102219"><em>New Jersey Law Journal</em> article</a> on the case (<em>subscription required</em>), Partner <a href="">Matthew S. Hellman</a> is quoted as saying that “we think this is an important case because the New Jersey Supreme Court has imposed barriers to enforcing arbitration agreements that the federal law and the federal courts do not allow.”&nbsp; In addition to Mr. Hellman, the team includes Partner <a href="">Adam G. Unikowsky</a>, Associates <a href="">Erica Ross</a> and <a href="">David A. Wishnick</a>, Senior Paralegal Cheryl L. Olson and Legal Secretary Coordinator Beth E. Gulden.</p> 23 Mar 2015 Partner Paul Smith Argues before US Supreme Court in EPA Case <p> On March 25, 2015, Partner <a href="">Paul M. Smith</a> argued before the US Supreme Court on behalf of a coalition of power producers in support of the Environmental Protection Agency’s decision to regulate coal- and oil-fired power plants that emit mercury and other hazardous air pollutants.&nbsp; The question in the case was whether the EPA had acted unreasonably in refusing to consider cost when deciding whether, under Section 112(n)(1)(A) of the Clean Air Act, it was “appropriate and necessary” to subject those coal and oil plants to regulation.&nbsp; Mr. Smith, arguing along with Solicitor General Donald Verrilli for the EPA, argued that the EPA acted reasonably because it fully considered cost at a subsequent regulatory stage when deciding how stringently to regulate.&nbsp;</p> <p> Reporting on the argument, ScotusBlog praised Mr. Smith’s performance: “Probably&nbsp;the brightest spot in the hearings, for the EPA, was the final fifteen minutes of the defense of the agency, by lawyer Paul M. Smith.&nbsp; He deftly sorted out some of the more complex parts of the EPA’s regulatory route to its power plant rules, fended off some aggressive thrusts by Justices Scalia and Alito, and even seemed to calm Justice Kennedy’s concern about how the power-generating industry could afford to comply with the EPA’s mandate.&nbsp; Much of the generating community was already complying with the EPA’s orders, and was hardly suffering from doing so, Smith said.”&nbsp;</p> <p> Mr. Smith is also mentioned in other media outlets, including <a href=";">Bloomberg BNA</a>, <a href=";"><em>The National Law Journal</em></a> (<em>subscription required</em>) and <a href=";"><em>Law360</em></a>.&nbsp; A decision by the Court is expected by the end of June.&nbsp;</p> <p> The firm’s team in representing the coalition – which included Exelon, PSEG, Calpine, and National Grid – consisted of, in addition to Paul, Partner <a href="">Matthew E. Price</a> and Associate<strong> </strong><a href="">Erica Ross</a>.</p> 25 Mar 2015