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At the Crossroads a Look Ahead at the 2019-2020 U.S PLUS: Our 2019 Winning Litigators Rick Hasen on U.S. election infrastructure NLJ.COM ❘ September 2019 AT THE CROSSROADS A LOOK AHEAD AT THE 2019-2020 U.S. SUPREME COURT TERM COMPLEX COMMERCIAL CASES? RAISE THE BAR. NAM welcomes our newest panel members HON. ROBERT C. BONNER (RET.) HON. EDWARD N. CAHN (RET.) HON. DENNIS M. CAVANAUGH (RET.) HON. STANWOOD R. DUVAL, JR. (RET.) HON. STEPHEN N. LIMBAUGH, SR. (RET.) United States District Court Judge, Chief United States District Judge, United States District Judge, District Court of United States District Court Judge, United States District Judge, Central District of California Eastern District of Pennsylvania New Jersey, Special Discovery Master Eastern District of Louisiana Eastern and Western Districts of Missouri Federal Judge by designation, Arkansas, Illinois, Iowa and Texas HON. RAYMOND T. LYONS (RET.) HON. RICHARD B. MCQUADE, JR. (RET.) HON. ANDREW J. PECK (RET.) HON. SHIRA A. SCHEINDLIN (RET.) HON. OLIVER W. WANGER (RET.) United States Bankruptcy Judge, United States District Court Judge, United States Magistrate Judge, Southern United States District Court Judge, United States District Court Judge, District of New Jersey Northern District of Ohio District of New York, Special Discovery Master Southern District of New York, Eastern District of California Court Appointed Special Master Backed by one of the nation’s leading providers of alternative dispute resolution, NAM’s roster is comprised of top-tier former judges and legal practitioners – all of whom are available to assist in the resolution of your most complex, high-stakes matters. Visit www.namadr.com Conference Facilities Nationwide (800) 358-2259 The Better Solution® THE NATIONAL LAW JOURNAL SEPTEMBER 2019 contents 10 FEATURES 10 SCOTUS: A LOOK AHEAD Guns, ‘dreamers,’ religious schools and LGBT work- place discrimination are among the issues confronting 14 justices in the upcoming U.S. Supreme Court term. By Marcia Coyle REGULATORY ROUNDUP 6 ❘ REVOLVING DOOR A Philadelphia judge and Pittsburgh lawyer 14 are confirmed to IN MEMORIAM federal judgeships. On July 22, the flag-draped casket of retired U.S. Su- 8 ❘ 1 ON 1: preme Court Justice John CONVERSATIONS WITH Paul Stevens was carried into NEWSMAKERS the high court’s Great Hall UCI Law professor Rick for a final farewell. Hasen talks about election By Marcia Coyle interference. COVER ART BY RYAN OLBRYSH 6 NLJ.COM ❘ SEPTEMBER 2019 ❘ 1 contents THE NATIONAL LAW JOURNAL SEPTEMBER 2019 SPECIAL REPORT 17 ❘ WINNING LITIGATORS The lawyers in our 2019 special report scored big victories for their clients in high-stakes cases. How did they do it? By ALM Staff 17 COLUMNS 82 ❘ LEGAL TIMES Parker Poe takes a team from 65 ❘ CLASS ACT D.C.’s Leftwich. Lawsuits coordinated over Rock ‘n Play recalled sleepers. 89 ❘ MOVERS By Amanda Bronstad The latest in legal moves from around the globe. 67 ❘ JUSTICE SERVED SCOTUS advocates bid 99 ❘ OPINION farewell to Michael Dreeben. Employment issues take By Tony Mauro center stage in new term. By Zachary Busey 69 ❘ PRACTICE Changing the scope of arbitrability, appealability. By Paul S. Chan and 82 Gopi K. Panchapakesan 69 99 2 ❘ SEPTEMBER 2019 ❘ NLJ.COM editor’seditor’sno note On Legal Gladiators and the U.S. Supreme Court THE U.S. SUPREME COURT’S 2019-2020 TERM starts next month. And some of the issues on the horizon involve guns, “dreamers” and LGBT workplace discrimination. Marcia Coyle has everything you need to know in our annual preview. We also remember the life and work of retired Justice John Paul Stevens through the eyes of his former clerks, including a collec- tion of leading law professors and law firm partners. They offer insight on everything from the justice’s empathetic nature and love for baseball to his penchant for seeking out those with contrasting views, like his favorite sparring partner, Justice Antonin Scalia. Speaking of sparring, in the legal commu- nity, we tend to think of trial lawyers as our modern-day gladiators. When they emerge from the courtroom victoriously, you can almost picture them delivering that famous line by Russell Crowe’s Maximus in the mov- ie “Gladiator:” “Are you not entertained?!” Iconic film quotes aside, in our 2019 Win- ning Litigators special report, we honor the very serious and the 2020 presidential election and Russia’s hoard of hackers.” challenging courtroom work of lawyers from 23 firms. Check out her interesting Q&A for more. Their client wins in high-stakes matters over the past year Plus, read our Movers section for the latest in legal moves run the gamut. They successfully defended a broadcast satel- across the globe, compiled this month by NLJ Assistant Editor lite service provider in a precedent-setting, $4 billion deceptive Victoria Ostrander. advertising lawsuit. They obtained a $2.06 billion verdict for As always, we love to hear from you! Feel free to email me a couple that developed cancer after pesticide exposure. And about developments in your practice, trends in litigation and they defeated a $500 million price-fixing class action for a Ko- regulation or to share your other ideas. You can reach me at rean ramen distributor. the email address below or on Twitter: @lhelemNLJ. Thank This year, we invited these star litigators to share their sto- you for reading! ries and trial tips, like this one from Gibson, Dunn & Crutch- er’s Scott Edelman, “Be yourself. Many different styles can win. What matters most is that the jury believes that you and your client are sincere and honest.” Indeed. In “1 on 1: Conversations with Newsmakers,” Alaina Lan- caster catches up with Rick Hasen, chancellor’s professor of Lisa Helem law and political science at the University of California, Ir- [email protected] vine School of Law to discuss legal roadblocks facing our voting infrastructure. As Lancaster reports, in the absence of federal election in- DIEGO M. RADZINSCHI/ALM M. DIEGO terference legislation, “counties and states are all that’s between NLJ.COM ❘ SEPTEMBER 2019 ❘ 3 EDITORINCHIEF Lisa Helem MANAGING EDITOR Sarah Tincher ASSISTANT EDITOR Victoria Ostrander DIRECTOR, DESIGN & MULTIMEDIA JOURNALISM Tegist Legesse LAW.COM Leigh Jones, editor-in-chief; Jenna Greene, editor, Litigation Daily; Scott Graham, senior writer LEGAL BRANDS AND THEMES Hank Grezlak, editor-in-chief BUSINESS OF LAW David Bario, Lisa Shuchman, senior editors; Christine Simmons and Lizzy McLellan, editors; Anna Zhang, Asia Bureau Chief; Brenda Sapino Jeffreys, Meredith Hobbs, Ryan Lovelace, Jack Newsham, Dan Packel, Patrick Smith, Samantha Stokes, reporters. CULTURE Leigh Jones, senior editor; Vivia Chen, senior columnist; Karen Sloan, legal education editor LITIGATION Michael Riccardi, Nate Robson, Alaina Lancaster and Samantha Joseph, editors; Ross Todd, San Francisco bureau chief and global managing editor; Scott Graham, senior reporter; Amanda Bronstad, Dan M. Clark, Jason Grant, Colby Hamilton, Greg Land, Raychel Lean, Robin McDonald, Tom McParland, Max Mitchell, Angela Morris, Zach Schlein, Robert Storace, Charles Toutant, Katheryn Hayes Tucker, reporters REGULATORY Mike Scarcella, senior editor; MP McQueen, editor-at-large; Marcia Coyle, chief Washington correspondent; Cheryl Miller, senior writer; C. Ryan Barber, reporter INHOUSE Kibkabe Araya, editor; Sue Reisinger, senior reporter; Caroline Spiezio, Kristen Rasmussen, Dan Clark, reporters TECHNOLOGY Rhys Dipshan, editor; Gabrielle Orum Hernández, reporter ALM GLOBAL NEWSROOM OPERATIONS Tasha Norman, director, content operations; Vanessa Blum, director, newsroom innovation CHIEF COPY EDITOR Alexa Woronowicz WEB EDITOR Richard Binder DATA EDITOR Ben Hancock CONTRIBUTING WRITERS Richard Acello, June D. Bell SENIOR MANAGER, DESIGN & MULTIMEDIA JOURNALISM/ART DIRECTOR Roberto Jimenez SENIOR GRAPHIC DESIGNER Chelsey Fredlund SENIOR PHOTO EDITOR/PHOTOJOURNALIST Diego M. Radzinschi SENIOR DIRECTOR OF RESEARCH Beckie Hubertus SENIOR RESEARCH MANAGERS Jeanne Graham, Carole Clark RESEARCH MANAGER Daniel Masopust * * * * * * VICE PRESIDENT/LEGAL MEDIA Richard Caruso VICE PRESIDENT/LEGAL MEDIA SALES Keith Edwards NATIONAL SALES DIRECTOR OF ALM EVENTS/SPONSORSHIPS Donald Chalphin REGIONAL SALES DIRECTORS Carlos Curbelo, Joe Pavone KEY ACCOUNT MANAGERS Shota Adamia, Caitlin Audiffred, Vivian DiStaso, Marnie Maroney, Mike Walker LAW FIRM ACCOUNT EXECUTIVES Lana Ehrlich, Brian Keenan, Annette Planey, David Winn CORPORATE ACCOUNT EXECUTIVES Regina Davidson, Brian Klunk * * * * * * BUSINESS MANAGER Rachel Freed CIRCULATION DIRECTOR Brian Kiernan GROUP ACCOUNTS [email protected] 855-808-4560 SUBSCRIPTION CUSTOMER SERVICE AND SINGLE COPY/BACK ISSUES SALES [email protected] 877-256-2472 REPRINTS Syndia J. 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