United States Court of Appeals for the Tenth Circuit

U.S. Supreme Court Agrees to Hear NCLA Case Against ATF’s Unilateral Bump-Stock Ban

Retrieved on: 
Friday, November 3, 2023
Sokolow et al v. Palestine Liberation Organization et al, Supreme court, ATF, United States Department of Commerce, Judge, Texas Court of Criminal Appeals, Social media, United States Court of Appeals for the Tenth Circuit, Bump stock, Department of Treasury, Bureau of Alcohol, Tobacco & Firearms v. Galioto, Solicitor, NCLA, Garland v. Gonzalez, Congress, Navy-Marine Corps Court of Criminal Appeals, Tobacco, Commerce, Court, Federation, Firearm, United States Court of Appeals for the District of Columbia Circuit, Bureau, Law of the United Kingdom, The Administrative State, Speech, United States Court of Appeals for the Sixth Circuit, The Final Rule, United States courts of appeals, Trump, United States Court of Appeals for the Fifth Circuit, Fifth, Army, Administration, En banc, Constitution, Same-sex marriage in the Sixth Circuit, Supreme, Cargill

Today, the Court granted the government’s request for a writ of certiorari in NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban.

Key Points: 
  • Today, the Court granted the government’s request for a writ of certiorari in NCLA’s challenge to the Bureau of Alcohol, Tobacco, Firearms and Explosives’ unilateral bump-stock ban.
  • Garland v. Cargill will be NCLA’s fourth case argued before the U.S. Supreme Court in under 2 years.
  • As these cases show, we will fight all the way to the Supreme Court to protect civil liberties from federal agencies’ attacks.
  • We are confident the U.S. Supreme Court will right this wrong for Michael Cargill and all Americans.”

Goulston & Storrs Attorneys Joshua Davis, Elizabeth Levine, and Carla Reeves Named to 2024 Lawdragon 500 Leading Corporate Employment Lawyers

Retrieved on: 
Thursday, October 5, 2023
United States Court of Appeals for the Federal Circuit, United States Court of Appeals for the Tenth Circuit, Corporate America, Chambers, Philippine Senate Committee on Labor, Employment and Human Resources Development, College, Boston (magazine), University of Chicago Law School, Employment, Boston College Law School, University, Massachusetts Commission Against Discrimination, The National Law Journal, Chambers and Partners, Workforce, Lawyer, Labour law, Hon, Suffolk University Law School, Labour, Nursing

Joshua Davis is one of the country's leading employment lawyers.

Key Points: 
  • Joshua Davis is one of the country's leading employment lawyers.
  • Davis is a Fellow of the College of Labor and Employment Lawyers and a Board Member of the American Employment Law Council.
  • She was named a Go To Employment Lawyer by Massachusetts Lawyers Weekly (2023), a Top Employment Lawyer by Boston Magazine (2021-2022), and an Employment Law Trailblazer by The National Law Journal (2020).
  • She was named an Employment Law Trailblazer by The National Law Journal (2021) and a Top Employment Lawyer by Boston Magazine (2021 and 2023).

Independent Women's Law Center Joins the Fight to Keep Sororities Female

Retrieved on: 
Monday, September 25, 2023
Woman, Kappa Kappa Gamma, Privacy, District court, Kappa, Wyoming District Courts, United States Court of Appeals for the Tenth Circuit, Independent Women's Forum, Safety, Nursing, Birth control

WASHINGTON, Sept. 25, 2023 /PRNewswire/ --  Independent Women's Forum and Independent Women's Law Center (IWLC) are supporting the appeal of Kappa Kappa Gamma sorority women who were denied the all-female sisterhood they were promised. On Monday, the plaintiff sorority members in Westenbroek v. Kappa Kappa Gamma filed a notice to appeal in the District of Wyoming, which moves the case to the Tenth Circuit Court of Appeals. The Wyoming court ruled that the plaintiff sorority members were not entitled to a women's-only sorority, even though Kappa Kappa Gamma's bylaws require a women's only sorority, because the word "woman" is subject to interpretation.

Key Points: 
  • "With their support, we can continue to fight for the women that deserve respect in the present and in the future."
  • Sororities were founded to provide a single-sex space for women, and Kappa Kappa Gamma's board members cannot eliminate that promise simply by redefining the word.
  • "Independent Women's Law Center will always fight for women when those in power warp the English language to remove the same opportunities that have benefited women for decades," said Independent Women's Law Center attorney appealing the case, May Mailman.
  • Over the decades, sororities have heralded the benefits and values of a single sex environment to develop women's life and leadership skills.

Appellate Litigator & Former Federal Prosecutor Charles Fowler Rejoins McKool Smith

Retrieved on: 
Monday, September 25, 2023
Intellectual property, University, Justice, Privacy Office of the U.S. Department of Homeland Security, Central District, The Wall Street Journal, Texas A&M University, McKool Smith, The National Law Journal, U.S. Department of Justice Office of Legislative Affairs, United States Court of Appeals for the Ninth Circuit, Multimedia, Private practice, Mentorship, Lawyer, History, Associate, United States Court of Appeals for the Tenth Circuit, Ausa, Bankruptcy, Private investigator

DALLAS, Sept. 25, 2023 /PRNewswire/ -- McKool Smith announced today that Charles Fowler has rejoined the firm as a Principal in Austin.

Key Points: 
  • DALLAS, Sept. 25, 2023 /PRNewswire/ -- McKool Smith announced today that Charles Fowler has rejoined the firm as a Principal in Austin.
  • Mr. Fowler's return to McKool Smith supports the firm's growing appellate practice, which is dedicated to advising and representing clients before state and federal appellate courts.
  • Mr. Fowler started his career in private practice with McKool Smith, where he was an Associate focusing on commercial litigation matters for more than six years.
  • "Charles' time as a former federal prosecutor, coupled with his history with the firm, makes him a natural fit for our growing appellate practice," said McKool Smith Chairman and Managing Principal David Sochia.

Moody’s Appoints Richard Steele as General Counsel

Retrieved on: 
Tuesday, September 5, 2023
Finance, Data Analytics, Business, Banking, Professional Services, University of California, San Diego, Intellectual property, University, Senior, General counsel, Moody's Corporation, MCO, Intelligence, Research, United States Court of Appeals for the Tenth Circuit, Appellate court, Hon, University of California College of the Law, San Francisco, MA, MSCI, Same-sex marriage in the Tenth Circuit, Law, Wilson Sonsini Goodrich & Rosati, Growth, NYSE, Software, Management

Moody's Corporation (NYSE:MCO) announced today that it has appointed Richard Steele as Senior Vice President and General Counsel, effective September 5, 2023.

Key Points: 
  • Moody's Corporation (NYSE:MCO) announced today that it has appointed Richard Steele as Senior Vice President and General Counsel, effective September 5, 2023.
  • Mr. Steele will oversee Moody’s global Legal and Compliance functions, and has joined the company’s Executive Leadership Team.
  • Mr. Steele joined Moody’s KMV in 2006 as Chief Legal Officer, and was named General Counsel of Moody’s Analytics (MA) upon its formation in 2008.
  • Mr. Steele also held several senior in-house legal positions at firms specializing in financial technology, software, and venture capital, including MSCI Barra.

Greenberg Traurig Makes High-Flying Hire in Mile High City

Retrieved on: 
Wednesday, August 2, 2023
Federal Aviation Administration, Barr, LLP, International, Noise, Accident, Duke University School of Law, Culture, Food for Thought, Mentorship, FAA, LL.M, Appeal, Comparative law, Cooley LLP, Sixth, Affordable Care Act, Care Act 2014, Food, United States Court of Appeals for the Tenth Circuit, Insurance, Aviation

DENVER, August 1, 2023 /PRNewswire-PRWeb/ -- Global law firm Greenberg Traurig, LLP expanded its Litigation, Aviation, and Appeals & Legal Issues practices with the addition of Andrew Barr as a shareholder in the Denver office. Barr joins the firm from Cooley LLP where he managed a large docket of civil litigation, regulatory, and arbitration matters.

Key Points: 
  • Global law firm Greenberg Traurig, LLP expanded its Litigation, Aviation, and Appeals & Legal Issues practices with the addition of Andrew Barr as a shareholder in the Denver office.
  • DENVER, August 1, 2023 /PRNewswire-PRWeb/ -- Global law firm Greenberg Traurig, LLP expanded its Litigation , Aviation , and Appeals & Legal Issues practices with the addition of Andrew Barr as a shareholder in the Denver office .
  • Barr joins the firm from Cooley LLP where he managed a large docket of civil litigation, regulatory, and arbitration matters.
  • He has represented clients facing a wide array of challenges across multiple industries and uses this experience to manage cases efficiently and pragmatically.

NCLA Amicus Brief Asks Tenth Circuit to Overturn Intrusive Dog Kennel Inspection Regime

Retrieved on: 
Wednesday, July 19, 2023
LCC, Kansas Department of Agriculture, Constitutional right, Privacy, Person, United States Court of Appeals for the Tenth Circuit, Movement, Government, Fourth Amendment, District court, Risk, Same-sex marriage in the Tenth Circuit, NCLA, Court, Douglas v. U.S. District Court ex rel Talk America

The Act’s inspection requirement permits the Kansas Department of Agriculture to trespass on people’s property and invade their privacy without first showing probable cause to a judge.

Key Points: 
  • The Act’s inspection requirement permits the Kansas Department of Agriculture to trespass on people’s property and invade their privacy without first showing probable cause to a judge.
  • This licensing and warrantless search regime violates the Fourth Amendment, as well as the fundamental right to free travel and movement.
  • NCLA is asking the Tenth Circuit to reverse the decision below and clarify that the “closely regulated business” exception does not apply to property searches or to the dog handling and training industry.
  • By reversing the district court, the court of appeals can prevent Kansas from using licensing requirements to eliminate this crucial constitutional protection.”

A business can decline service based on its beliefs, Supreme Court rules – but what will this look like in practice?

Retrieved on: 
Saturday, July 1, 2023
LGBT, Circuit court, United States Court of Appeals for the Tenth Circuit, Neil Gorsuch, Marital status, Religion, Virgin Islands, Speech, Supreme Court of the United Kingdom, Constitutional right, Marriage, Smith, First Amendment to the United States Constitution, Louisiana Circuit Courts of Appeal, SCOTUS, Judgement, Government, Movement, First, Supreme, Student, Restaurant, Supreme court, Color, Education, Conscience, Birth control, Management, Nightclub

At issue in one of this year’s most highly anticipated Supreme Court cases, 303 Creative v. Elenis, was what happens when someone’s free speech or beliefs conflict with others’ rights.

Key Points: 
  • At issue in one of this year’s most highly anticipated Supreme Court cases, 303 Creative v. Elenis, was what happens when someone’s free speech or beliefs conflict with others’ rights.
  • Specifically, 303 Creative addressed whether a Colorado anti-discrimination law can require a designer who believes marriage is only between a man and a woman to create a wedding website for a same-sex couple.

Compelled speech?

    • The underlying dispute involves graphic artist Lorie Smith, the founder and owner of a studio called 303 Creative.
    • According to court documents, Smith will work with clients of any sexual orientation.
    • The federal trial court in Colorado rejected Smith’s attempt to block enforcement of the anti-discrimination law in 2019.
    • Protecting diverse viewpoints, in the court’s opinion, was a “good in and of itself,” but combating discrimination “is, like individual autonomy, ‘essential’ to our democratic ideals.” In a lengthy dissent, the chief judge of the 10th Circuit focused on compelled speech.

SCOTUS speaks

    • The Supreme Court agreed to hear Smith’s case but limited the issue to free speech, sidestepping the dispute over the free exercise of religion.
    • In 1943’s West Virginia Board of Education v. Barnette, for example, the court declared that public officials could not compel students who were Jehovah’s Witnesses to salute the flag, because doing so violated their religious beliefs.
    • Sotomayor went on to decry the ruling for symbolically “mark(ing) gays and lesbians for second-class status.” Denying services to same-sex couples “reminds LGBT people of a painful feeling that they know all too well,” she wrote.
    • “There are some public places where they can be themselves, and some where they cannot.”

Questions ahead

    • I believe 303 Creative presents a challenge for society to come to grips with the tension between two fundamental interests.
    • Ensuring both freedom of speech and civil rights requires good-faith efforts at respect – and respect is a two-way street.
    • However, exactly what this looks like will likely be the cause of more litigation to come.

Wilson Sonsini Bolsters in Boulder: Matt Dubofsky Joins as a Corporate Partner

Retrieved on: 
Wednesday, June 21, 2023
Professional Services, Technology, Legal, Other Technology, Other Science, Science, Slate, Wilson Sonsini Goodrich & Rosati, Private law, Multimedia, Harvard Law School, History, United States Court of Appeals for the Tenth Circuit, Cooley, Cooley LLP, Skadden, Arps, Slate, Meagher & Flom, Brown University, Same-sex marriage in the Tenth Circuit, Initial public offering, Growth, Economics, Mountain West Conference

Wilson Sonsini Goodrich & Rosati, the premier provider of legal services to technology, life sciences, and growth enterprises worldwide, today announced that Matt Dubofsky has joined the firm as a corporate partner in the Boulder, Colorado, office.

Key Points: 
  • Wilson Sonsini Goodrich & Rosati, the premier provider of legal services to technology, life sciences, and growth enterprises worldwide, today announced that Matt Dubofsky has joined the firm as a corporate partner in the Boulder, Colorado, office.
  • His addition bolsters the firm’s transactional practice as Wilson Sonsini remains focused on representing technology and life sciences companies in the Mountain West region and the Denver-Boulder corridor.
  • Dubofsky is the latest lateral partner to join the Boulder office since its launch in 2022.
  • Then, in July 2022, Wilson Sonsini added William Barrett as a partner in its patents and innovations practice.

U.S. Forest Service Illegitimately Created Crimes, Prosecuted Skier over Instagram Post, NCLA Says

Retrieved on: 
Friday, June 9, 2023
Forest service, Vesting Clauses, Speech, Internet, First Amendment to the United States Constitution, Sixth Amendment, United States Court of Appeals for the Tenth Circuit, Government, First, Lesh, Congress, District court, COVID-19, NCLA, USFS, U.S. Forest Service airtanker scandal, Douglas v. U.S. District Court ex rel Talk America, Constitution, Agriculture

Finally, Lesh’s convictions must be overturned because the regulations USFS promulgated specify criminal violations, a legislative function that is solely Congress’s prerogative.

Key Points: 
  • Finally, Lesh’s convictions must be overturned because the regulations USFS promulgated specify criminal violations, a legislative function that is solely Congress’s prerogative.
  • Mr. Lesh’s Instagram post did not mention Virtika, nor did it promote the company’s products.
  • Mr. Lesh was sentenced to six months’ probation, 160 hours of community service, and a $10,000 fine.
  • The Government is restricting his speech based on its content—the Government does not want people publicizing their activities on Forest Service land.