Fraudulent Joinder Prevention Act of 2016
Legislative Progress
Momentum (last 30 days)
0
score
0 actions · 0 new cosponsors · 0 votes
Speed vs cohort
87pct
154d open
vs 6,526 other HR bills in the 114th — cohort avg 56d
Fraudulent Joinder Prevention Act of 2016 (Sec. 2) This bill amends procedures under which federal courts determine whether a case that was removed from a state court to a federal court on the basis of a diversity of citizenship among the parties may be remanded back to state court upon a motion opposed on fraudulent joinder grounds that: (1) one or more defendants are citizens of the same state as one or more plaintiffs, or (2) one or more defendants properly joined and served are citizens of the state in which the action was brought. Joinder of such a defendant is fraudulent if the court finds: actual fraud in the pleading of jurisdictional facts with respect to that defendant, state law would not plausibly impose liability on that defendant, state or federal law bars all claims in the complaint against that defendant, or no good faith intention to prosecute the action against that defendant or to seek a joint judgment including that defendant. In determining whether to grant or deny such a motion for remand, the court: (1) may permit pleadings to be amended; and (2) must consider the pleadings, affidavits, and other evidence submitted by the parties. A federal court finding that all such defendants have been fraudulently joined must: (1) dismiss without prejudice the claims against those defendants, and (2) deny the motion for remand.
These links require the bill number to appear in the filing's source-reported specific issue text. Client expenses and lobbying-firm income are separate disclosure fields.
Filing registrants (11)
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 229 - 189 (Roll no. 89).
HousePassed/agreed to in House: On passage Passed by recorded vote: 229 - 189 (Roll no. 89).
HouseOn motion to recommit with instructions Failed by recorded vote: 180 - 239 (Roll no. 88).
HouseThe previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H917)
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Watson Coleman motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add an exemption to the underlying bill for cases in which the plaintiff seeks relief in connection with the sexual abuse or exploitation of a minor.
Mrs. Watson Coleman moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H916; text: CR H916)
Bills with similar content found using semantic analysis.
Sources: Congress.gov
2016 · fourth_quarter · Government Issues
EPA Science Advisory Board Panel on Whole-Economy Modeling H.R. 1155, SCRUB Act H.R. 3624, Fraudulent Joinder Prevention Act H.R. 527, Small Business Regulatory Flexibility Improvements Act of 2015 H.R. 5982, Midnight Rules Relief Act of 2016 H.R. 712, Sunshine for Regulations and Regulatory Decrees and Settlements Act H.R. 758, Lawsuit Abuse Reduction Act (LARA) Regulatory Reform S. 1817, Smarter Regs Act of 2015 S. 2006, H.R. 185, Regulatory Accountability Act
Client expense: $1,760,000 · Firm income: Not reported
Government targets: Army, Dept of (Corps of Engineers), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Product Safety Commission (CPSC), Energy, Dept of, Environmental Protection Agency (EPA), Export-Import Bank of the United States (EXIM Bank), Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Justice, Dept of (DOJ), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Office of Management & Budget (OMB), Office of Surface Mining Reclamation & Enforcement, Patent & Trademark Office (PTO), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Customs & Border Protection, U.S. International Trade Commission (ITC), U.S. Trade Representative (USTR), White House Office
2016 · fourth_quarter · Government Issues
H.R. 1927, Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 H.R. 3624, Fraudulent Joinder Prevention Act of 2016 H.R. 3815/S. 2040, Justice Against Sponsors of Terrorism Act H.R. 5283/S. 3045, Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 S. 3323, State-Owned Entity Transparency and Accountability Reform Act of 2016 Potential legislation similar to S. 2317, Safety Over Secrecy Act of 2014 Potential legislation similar to S. 2364, Sunshine in Litigation Act of 2014 Potential legislation to codify Executive Order 13433 and put in place similar requirements for state officials enforcing federal law Potential legislation dealing with foreign court judgments Potential legislation dealing with the doctrine of Cy Pres Various issues relating to volume of litigation under the False Claims Act (31 U.S.C. 3729-3733); False Claims Act provisions of the Fraud Enforcement Recovery Act of 2009 (P.L. 111-21); campaign finance reform; class action reform: doctrine of federal preemption; use of exclusionary authority; enforcement of federal law by state Attorneys General; oversight of the Department of Justice; minimal diversity
Client expense: $5,990,000 · Firm income: Not reported
2016 · fourth_quarter · Small Business
House Bills H.R. 712, the Sunshine for Regulatory Decrees and Settlements Act - support. H.R. 1671, Government Neutrality in Contracting Act - support. H.R. 4612, the Midnight Rule Relief Act - support. H.R. 3624, the Fraudulent Joinder Prevention Act - support. H.R. 4293, the Affordable Retirement Advice Protection Act - support. H.R. 4294, the Strengthening Access to Valuable Education and Retirement Support Act - support. Amendment included in Section 913 of S 1269 - oppose. H.R. 3765, The ADA Education and Reform Act of 2015 - support. H.R. 4773, the Protecting Workplace Advancement and Opportunity Act - support. H.R. 5447 (H.R. 2911), the Small Business Healthcare Relief Act - support. H.J. Res. 87, a Congressional Review Act resolution of disapproval in response to the controversial persuader rule issued by the U.S. Department of Labor (DOL) - support. Section 110 to the FY2017 Energy and Water Development, and Related Agencies Appropriations Act - support. Perry Amendment to H.R. 4974, ensuring fair and open competition for federal construction contracts funded by the Military Construction, Veterans Affairs (MilCon/VA) Appropriations Bill for Fiscal Year 2017 - support. FY2017 Labor, Health and Human Services, Education, and Related Agencies Appropriations Act. H.R. 5210, PADME ACT - Patient Access to Durable Medical Equipment Act - support. H.R. 6094, the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act - support. H.R. 3438, the Require Evaluation before Implementing Executive Wishlists (REVIEW) Act of 2016 - support. H.R. 5523, the Clyde-Hirsch-Sowers RESPECT Act - support. H.R. 5813, the Overtime Reform and Enhancement Act - support. Regulatory Accountability Act - support. H.R.5076 - The Main Street Fairness Act - support. H.R. 3765, the ADA Education and Reform Act - support. Section 18001 of HR 34 the 21st Century Cures Act - support. Senate Bills S. 2582, the Midnight Rule Relief Act - support. S. 2225, the Save our Small and Seasonal Businesses Act - support. S. 2707, the Protecting Workplace Advancement and Opportunity Act - support. S. 2847Prove It Act of 2016 - support. Hoeven Amendent to amendment to the FY2017 Energy and Water Development, and Related Agencies Appropriations Act - support. S. 2736, the Patient Access to Durable Medical Equipment Act of 2016 - support. S. 71, Government Neutrality in Contracting Act - support. S. 2844, the fiscal year (FY) 2017 Transportation, Housing and Urban Development, and Related Agencies (T-HUD) appropriations bill. S. 3060 / S. 1697, the Small Business Healthcare Relief Act - support. S. 2736, PADME ACT - Patient Access to Durable Medical Equipment Act - support. S. 3464, the Overtime Reform and Review Act - support. S. 3462, the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act - support. S. 3446, the ADA Education and Reform Act - support. Section 18001 of HR 34 the 21st Century Cures Act - support. Comments December 19, 2016 - Department of the Interior - Advance Notice of Proposed Rulemaking on Traders with Indians Docket ID: BIA-2016-0007, 81 Fed. Reg. (December 9, 2016) November 22, 2016 - U.S. Department of Labor - RIN 1210-AB63 - Annual Reporting and Disclosure; Proposed Revision of Annual Information Return/Reports November 2, 2016 - Department of the Treasury - Docket No. IRS REG-163113- 02, RIN 1545-BB71; Comments of the National Federation of Independent Business (NFIB) on the Department of the Treasury and Internal Revenue Services Proposed Regulations on Estate, Gift, and Generation-Skipping Transfer Taxes; Restrictions on Liquidation of an Interest October 28, 2016 - Federal Motor Carrier Safety Administration - Docket IDs NHTSA-2016-0087; FMCSA-2014-0083 - Federal Motor Vehicle Safety Standards; Federal Motor Carrier Safety Regulations; Parts and Accessories Necessary for Safe Operation; Speed Limiting Devices; Proposed Rule Other Issues Tax Reform Joint employer standard PN1258 - Merrick Garland nomination to the U.S. Supreme Court Estate tax Speed Limiter Nominations for Secretaries of the Treasury, Health and Human Services, and Labor, Administrator of the Environmental Protection Agency, and U.S. Consumer Product Safety Commission
2016 · fourth_quarter · Torts
HR 4771 HEALTH Act of 2016, HR 1927 Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency (FACT) Act of 2016; HR 758 Lawsuit Abuse Reduction Act (LARA) of 2015; HR 3624 Fraudulent Joinder Prevention Act of 2016; HR 865 Good Samaritan Health Professionals Act
Client expense: $10,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · fourth_quarter · Law Enforcement/Crime/Criminal Justice
Issues regarding criminal laws with no Mens rea requirement Issues relating to the False Claims Act S. 1109 - Truth in Settlements Act of 2015 H.R. 1927 - Fairness in Class Action Litigation Act of 2015 H.R. 3624 Fraudulent Joinder Prevention Act of 2016 Work of the Executive Overreach Task Force, including overcriminalization
Client expense: Not reported · Firm income: $60,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H913)
The previous question was ordered pursuant to the rule. (consideration: CR H916)
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3624.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H915-918)
Committee of the Whole House on the state of the Union rises leaving H.R. 3624 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Buck moved that the Committee rise.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Cartwright amendement No. 2 the Chair put the question on adoption of the amendment and by voice vote annouced that the noes had prevailed. Mr. Cartwright demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H. Res 618, the Committee of the Whole proceeded with 10 minutes of debate on the Cartwright (PA) amendment No. 2.
DEBATE - Pursuant to the provisions of H.Res. 618, the Committee of the Whole proceeded with 10 minutes of debate on the Buck (CO) amendment No. 1.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3624.
The Speaker designated the Honorable Garret Graves to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 618 and Rule XVIII.
Rule provides for consideration of H.R. 3624 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.
Considered under the provisions of rule H. Res. 618. (consideration: CR H907-915)
Rule H. Res. 618 passed House.
Rules Committee Resolution H. Res. 618 Reported to House. Rule provides for consideration of H.R. 3624 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.
Placed on the Union Calendar, Calendar No. 321.
Reported (Amended) by the Committee on Judiciary. H. Rept. 114-422.
Congress.gov source codes: 5000, H12200
Ordered to be Reported (Amended) by the Yeas and Nays: 13 - 10.
Committee Consideration and Mark-up Session Held.
Subcommittee on the Constitution and Civil Justice Discharged.
Referred to the Subcommittee on the Constitution and Civil Justice.
Referred to the House Committee on the Judiciary.
Introduced in House
Congress.gov source codes: 1000, Intro-H
| Referred to |
| September 28, 2015 |
| September 28, 2015 |
Government targets: HOUSE OF REPRESENTATIVES, SENATE
Client expense: $975,000 · Firm income: Not reported
Government targets: Environmental Protection Agency (EPA), Executive Office of the President (EOP), Federal Motor Carrier Safety Administration, HOUSE OF REPRESENTATIVES, Interior, Dept of (DOI), Internal Revenue Service (IRS), Labor, Dept of (DOL), Office of Management & Budget (OMB), SENATE, Treasury, Dept of
2016 · fourth_quarter · Government Issues
EPA Science Advisory Board Panel on Whole-Economy Modeling H.R. 1155, SCRUB Act H.R. 3624, Fraudulent Joinder Prevention Act H.R. 527, Small Business Regulatory Flexibility Improvements Act of 2015 H.R. 5982, Midnight Rules Relief Act of 2016 H.R. 712, Sunshine for Regulations and Regulatory Decrees and Settlements Act H.R. 758, Lawsuit Abuse Reduction Act (LARA) Regulatory Reform S. 1817, Smarter Regs Act of 2015 S. 2006, H.R. 185, Regulatory Accountability Act
Client expense: $1,760,000 · Firm income: Not reported
Government targets: Army, Dept of (Corps of Engineers), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Product Safety Commission (CPSC), Energy, Dept of, Environmental Protection Agency (EPA), Export-Import Bank of the United States (EXIM Bank), Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Justice, Dept of (DOJ), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Office of Management & Budget (OMB), Office of Surface Mining Reclamation & Enforcement, Patent & Trademark Office (PTO), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Customs & Border Protection, U.S. International Trade Commission (ITC), U.S. Trade Representative (USTR), White House Office
2016 · fourth_quarter · Torts
Issues related to civil justice reform generally; HR 3624, "Fraudulent Joinder Prevention Act of 2015"
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · fourth_quarter · Government Issues
General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. General lobbying with regard to altering the requirement of complete diversity. S. 401/H.R. 758 (Lawsuit Abuse Reduction Act of 2015); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. Lobbying with regard to federal judicial selection generally, including the Supreme Court of the United States, and with specific regard to the Supreme Court nomination of Judge Merrick Garland. H.R. 2304 (SPEAK FREE Act of 2015); Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern. H.R. 5111 (Consumer Review Fairness Act); prohibits the use of certain clauses in form contracts that restrict the ability of a consumer to communicate regarding the goods or services offered in interstate commerce that were the subject of the contract. H.R. 2110/S. 2044 (Consumer Review Freedom Act); prohibits the use of certain clauses in form contracts that restrict the ability of a consumer to communicate regarding the goods or services that were the subject of the contract. H.R. 384/H.R. 3279 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require annual reports to Congress on, and the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party. H.R. 2336/S.__ (Sunshine in Litigation Act); amends Chapter 111 of Title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. H.R. 2110/S. 2044 (Consumer Review Freedom Act); prohibits contracts that prohibit consumers from making certain public comments on businesses. General lobbying with regard to regulatory reform issues. H.R. 185 (Regulatory Accountability Act of 2015); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 226/ H.R. 427 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S. 543/H.R. 1029 (EPA Science Advisory Board Reform Act of 2015); amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. H.R. 1927 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. S. 1113; amends title 28, United States Code, to remand certain civil actions transferred by the judicial panel on multidistrict litigation. H.R. 1579 (ALERT Act of 2015); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings H.R. 2648/S. 1109 (Truth in Settlements Act of 2015); requires adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies. General lobbying with regard to settlement disclosures. S. 1607 (Independent Agency Regulatory Analysis Act of 2015); authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) publish and provide the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final economically significant rule and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Office for review any proposed or final economically significant rule. S. 708 (Regulatory Improvement Act of 2015); Requires the Commission to evaluate and make recommendations and propose legislation for modification, consolidation, or repeal of regulations that have been finalized not later than 10 years before the establishment of the Commission (covered regulations) for the purpose of reducing compliance costs, encouraging growth and innovation, improving competitiveness, and protecting public safety. S. 1820 (Early Participation in Regulations Act); requires agencies to publish an advance notice of proposed rule making for major rules. S. 1818 (Principled Rulemaking Act); amends title 5, United States Code, to reform the rule making process of agencies. S. 1817 (Smarter Regs Act of 2015); implements retrospective review of major rules. H.R. 3624 (Fraudulent Joinder Prevention Act of 2015); amends title 28, United States Code, to prevent fraudulent joinder. Lobbying with regard to factoring and structured settlements. H.R. 712 (Sunshine for Regulatory Decrees and Settlements Act); creates new requirements for civil actions seeking to compel agency actions. H.R. 1155 (SCRUB Act); creates new requirements for agencies when making a new rule, creates a regulatory oversight commission. S. 2006 (Regulatory Accountability Act of 2015); reforms the process by which Federal agencies analyze and formulate new regulations and guidance documents. H.R. 4768 (Separation of Powers Restoration Act); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules. H.R. 4612 (Midnight Rule Relief Act of 2016); prohibits some federal agencies from proposing or finalizing any midnight rule unless the Office of Information and Regulatory Affairs finds that such a rule will not result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete internationally; or (4) a significant economic impact on a substantial number of small businesses. H.R. 5063 (Stop Settlement Slush Funds Act of 2016); prohibits government officials from entering into a settlement agreement resolving a civil action on behalf of the United States, or from enforcing such a settlement agreement, if that agreement requires a donation to be made to any person by any party (other than the United States) to such agreement. S. 3446/H.R. 3765 (ADA Education and Reform Act of 2015); amends the Americans with Disabilities Act of 1990 to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action. H.R. 241 (ADA Compliance for Customer Entry to Stores and Services (ACCESS) Act of 2015); amends the Americans with Disabilities Act of 1990 to prohibit an aggrieved person from commencing a civil action for discrimination based on the failure to remove a structural barrier to entry into an existing public accommodation unless the owner or operator of such accommodation: (1) is provided a written notice specific enough to identify such barrier; and (2) has, within specified time periods, either failed to provide the aggrieved person with a written description outlining improvements that will be made to remove such barrier or provided such description and failed to remove such barrier. H.R. 4719 (Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility (COMPLI) Act); amends the Americans with Disabilities Act of 1990 to prohibit persons aggrieved by certain public accommodation violations from commencing a civil action for discrimination unless they: (1) provide the owner or operator of the accommodation with a written notice that is specific enough to identify the violation; (2) specify in the notice that the owner or operator has 90 days to remove or correct the violation before an action will be brought; and (3) refrain from sending demand letters, requests for settlement, or other communications to the owner or operator during such 90-day period. General lobbying with respect to diversity jurisdiction and potential changes to the jurisdiction rules. S. 3155/H.R. 889 (Foreign Cultural Exchange Jurisdictional Immunity Clarification Act); to amend chapter 97 of title 28, United States Code, to clarify the exception to foreign sovereign immunity set forth in section 1605(a)(3) of such title) S. 2763/H.R. 6130 (Holocaust Expropriated Art Recovery Act of 2016); to provide the victims of Holocaust-era persecution and their heirs a fair opportunity to recover works of art confiscated or misappropriated by the Nazis.
Client expense: $1,150,000 · Firm income: Not reported
Government targets: Consumer Financial Protection Bureau (CFPB), Education, Dept of, Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), Office of the Vice President of the United States, SENATE
2016 · fourth_quarter · Torts
Work to establish Federal limits on pre-dispute arbitration agreements. Work in support of amendments to the Federal Arbitration Act, including enactment of S.2506 and similar bills that would reduce or eliminate the use of predispute arbitration agreements. Work in opposition to H.R.526 and S.357, the Further Asbestos Claims Transparency Act of 2015. Work in support of S.700, the Reducing Exposure to Asbestos Data Base Act of 2015. Work in opposition to H.R.758 and S.401, the Lawsuit Abuse Reduction Act of 2015; H.R. 1927, the Fairness in Class Action and Furthering Asbestos Claim Transparency Act of 2015; and H.R.3624, the Fradulent Joinder Prevention Act of 2016.
Client expense: Not reported · Firm income: $50,000
Government targets: Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT)
2016 · third_quarter · Government Issues
General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. S. 401/H.R. 758 (Lawsuit Abuse Reduction Act of 2015); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. Lobbying with regard to federal judicial selection generally, including the Supreme Court of the United States, and with specific regard to the Supreme Court nomination of Judge Merrick Garland. H.R. 2304 (SPEAK FREE Act of 2015); Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern. H.R. 5111 (Consumer Review Fairness Act); prohibits the use of certain clauses in form contracts that restrict the ability of a consumer to communicate regarding the goods or services offered in interstate commerce that were the subject of the contract. H.R. 2110/S. 2044 (Consumer Review Freedom Act); prohibits the use of certain clauses in form contracts that restrict the ability of a consumer to communicate regarding the goods or services that were the subject of the contract. H.R. 384/H.R. 3279 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require annual reports to Congress on, and the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party. H.R. 2336/S.__ (Sunshine in Litigation Act); amends Chapter 111 of Title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. H.R. 2110/S. 2044 (Consumer Review Freedom Act); prohibits contracts that prohibit consumers from making certain public comments on businesses. H.R. 185 (Regulatory Accountability Act of 2015); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 226/ H.R. 427 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S. 543/H.R. 1029 (EPA Science Advisory Board Reform Act of 2015); amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. H.R. 1927 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. S. 1113; amends title 28, United States Code, to remand certain civil actions transferred by the judicial panel on multidistrict litigation. H.R. 1579 (ALERT Act of 2015); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings H.R. 2648/S. 1109 (Truth in Settlements Act of 2015); requires adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies. General lobbying with regard to settlement disclosures. S. 1607 (Independent Agency Regulatory Analysis Act of 2015); authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) publish and provide the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final economically significant rule and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Office for review any proposed or final economically significant rule. S. 708 (Regulatory Improvement Act of 2015); Requires the Commission to evaluate and make recommendations and propose legislation for modification, consolidation, or repeal of regulations that have been finalized not later than 10 years before the establishment of the Commission (covered regulations) for the purpose of reducing compliance costs, encouraging growth and innovation, improving competitiveness, and protecting public safety. S. 1820 (Early Participation in Regulations Act); requires agencies to publish an advance notice of proposed rule making for major rules. S. 1818 (Principled Rulemaking Act); amends title 5, United States Code, to reform the rule making process of agencies. S. 1817 (Smarter Regs Act of 2015); implements retrospective review of major rules. H.R. 3624 (Fraudulent Joinder Prevention Act of 2015); amends title 28, United States Code, to prevent fraudulent joinder. Lobbying with regard to factoring and structured settlements. H.R. 712 (Sunshine for Regulatory Decrees and Settlements Act); creates new requirements for civil actions seeking to compel agency actions. H.R. 1155 (SCRUB Act); creates new requirements for agencies when making a new rule, creates a regulatory oversight commission. S. 2006 (Regulatory Accountability Act of 2015); reforms the process by which Federal agencies analyze and formulate new regulations and guidance documents. H.R. 4768 (Separation of Powers Restoration Act); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules. H.R. 4612 (Midnight Rule Relief Act of 2016); prohibits some federal agencies from proposing or finalizing any midnight rule unless the Office of Information and Regulatory Affairs finds that such a rule will not result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete internationally; or (4) a significant economic impact on a substantial number of small businesses. H.R. 5063 (Stop Settlement Slush Funds Act of 2016); prohibits government officials from entering into a settlement agreement resolving a civil action on behalf of the United States, or from enforcing such a settlement agreement, if that agreement requires a donation to be made to any person by any party (other than the United States) to such agreement. S. 3446/H.R. 3765 (ADA Education and Reform Act of 2015); amends the Americans with Disabilities Act of 1990 to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action. H.R. 241 (ADA Compliance for Customer Entry to Stores and Services (ACCESS) Act of 2015); amends the Americans with Disabilities Act of 1990 to prohibit an aggrieved person from commencing a civil action for discrimination based on the failure to remove a structural barrier to entry into an existing public accommodation unless the owner or operator of such accommodation: (1) is provided a written notice specific enough to identify such barrier; and (2) has, within specified time periods, either failed to provide the aggrieved person with a written description outlining improvements that will be made to remove such barrier or provided such description and failed to remove such barrier. H.R. 4719 (Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility (COMPLI) Act); amends the Americans with Disabilities Act of 1990 to prohibit persons aggrieved by certain public accommodation violations from commencing a civil action for discrimination unless they: (1) provide the owner or operator of the accommodation with a written notice that is specific enough to identify the violation; (2) specify in the notice that the owner or operator has 90 days to remove or correct the violation before an action will be brought; and (3) refrain from sending demand letters, requests for settlement, or other communications to the owner or operator during such 90-day period. General lobbying with respect to diversity jurisdiction and potential changes to the jurisdiction rules. S. 3155/H.R. 889 (Foreign Cultural Exchange Jurisdictional Immunity Clarification Act); to amend chapter 97 of title 28, United States Code, to clarify the exception to foreign sovereign immunity set forth in section 1605(a)(3) of such title) S. 2763/H.R. 6130 (Holocaust Expropriated Art Recovery Act of 2016); to provide the victims of Holocaust-era persecution and their heirs a fair opportunity to recover works of art confiscated or misappropriated by the Nazis.
Client expense: $1,750,000 · Firm income: Not reported
Government targets: Education, Dept of, Executive Office of the President (EOP), Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), Office of the Vice President of the United States, SENATE
2016 · third_quarter · Government Issues
EPA Science Advisory Board Panel on Whole-Economy Modeling H.R. 1155, SCRUB Act H.R. 1927, Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act H.R. 3624, Fraudulent Joinder Prevention Act H.R. 527, Small Business Regulatory Flexibility Improvements Act of 2015 H.R. 712, Sunshine for Regulations and Regulatory Decrees and Settlements Act H.R. 758, the Lawsuit Abuse Reduction Act (LARA) Regulatory Reform S. 1817, Smarter Regs Act of 2015 S. 1818, Principled Rulemaking Act of 2015 S. 1820, Early Participation in Regulations Act of 2015 S. 2006, H.R. 185, Regulatory Accountability Act S. 708, H.R. 1407, Regulatory Improvement Act of 2015
Client expense: $2,820,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Council of Economic Advisers (CEA), Energy, Dept of, Environmental Protection Agency (EPA), Executive Office of the President (EOP), Export-Import Bank of the United States (EXIM Bank), Federal Energy Regulatory Commission (FERC), Food & Drug Administration (FDA), HOUSE OF REPRESENTATIVES, Natl Economic Council (NEC), Natl Security Council (NSC), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), Pipeline & Hazardous Materials Safety Administration, SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Treasury, Dept of, U.S. Agency for International Development (USAID), U.S. Customs & Border Protection, U.S. International Trade Commission (ITC), U.S. Trade Representative (USTR), White House Office
2016 · third_quarter · Government Issues
H.R. 1927, Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 H.R. 3624, Fraudulent Joinder Prevention Act of 2016 H.R. 3815/S. 2040, Justice Against Sponsors of Terrorism Act H.R. 5283/S. 3045, Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 H.R. 5485, Financial Services and General Government Appropriations Act, 2017, including provisions relating to section 127, section 610, section 625 and section 735 S. 3067, Financial Services and General Government Appropriations Act, 2017, including provisions relating to section 628 and section 735 S. 3323, State-Owned Entity Transparency and Accountability Reform Act of 2016 Potential legislation similar to S. 2317, Safety Over Secrecy Act of 2014 Potential legislation similar to S. 2364, Sunshine in Litigation Act of 2014 Potential legislation to codify Executive Order 13433 and put in place similar requirements for state officials enforcing federal law Potential legislation dealing with foreign court judgments Potential legislation dealing with the doctrine of Cy Pres Various issues relating to volume of litigation under the False Claims Act (31 U.S.C. 3729-3733); False Claims Act provisions of the Fraud Enforcement Recovery Act of 2009 (P.L. 111-21); campaign finance reform; class action reform: doctrine of federal preemption; use of exclusionary authority; enforcement of federal law by state Attorneys General; oversight of the Department of Justice; minimal diversity; Task Force on Executive Overreach
Client expense: $8,310,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · third_quarter · Law Enforcement/Crime/Criminal Justice
Issues regarding criminal laws with no Mens rea requirement Issues relating to the False Claims Act S. 1109 - Truth in Settlements Act of 2015 H.R. 1927 - Fairness in Class Action Litigation Act of 2015 H.R. 3624 Fraudulent Joinder Prevention Act of 2016 Work of the Executive Overreach Task Force, including overcriminalization
Client expense: Not reported · Firm income: $60,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · third_quarter · Torts
Issues related to civil justice reform generally; HR 3624, "Fraudulent Joinder Prevention Act of 2015
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · third_quarter · Small Business
House Bills H.R. 712, the Sunshine for Regulatory Decrees and Settlements Act - support. H.R. 1671, Government Neutrality in Contracting Act - support. H.R. 4612, the Midnight Rule Relief Act - support. H.R. 3624, the Fraudulent Joinder Prevention Act - support. H.R. 4293, the Affordable Retirement Advice Protection Act - support. H.R. 4294, the Strengthening Access to Valuable Education and Retirement Support Act - support. H.R. 3433, the Protecting Orderly and Responsible Transit of Shipments (PORTS) Act - support. Amendment included in Section 913 of S 1269 - oppose. H.R. 3765, The ADA Education and Reform Act of 2015 - support. H.R. 4773, the Protecting Workplace Advancement and Opportunity Act - support. H.R. 5447 (H.R. 2911), the Small Business Healthcare Relief Act - support. H. J. Res. 87, a Congressional Review Act resolution of disapproval in response to the controversial persuader rule issued by the U.S. Department of Labor (DOL) - support. Section 110 to the FY2017 Energy and Water Development, and Related Agencies Appropriations Act - support. Perry Amendment to H.R. 4974, ensuring fair and open competition for federal construction contracts funded by the Military Construction, Veterans Affairs (MilCon/VA) Appropriations Bill for Fiscal Year 2017 - support. FY2017 Labor, Health and Human Services, Education, and Related Agencies Appropriations Act. H.R. 5210, PADME ACT - Patient Access to Durable Medical Equipment Act - support. H.R. 6094, the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act - support. H.R. 3438, the Require Evaluation before Implementing Executive Wishlists (REVIEW) Act of 2016 - support. H.R. 5523, the Clyde-Hirsch-Sowers RESPECT Act - support. H.R. 5813, the Overtime Reform and Enhancement Act - support. Senate Bills S. 2582, the Midnight Rule Relief Act - support. S. 1519, the Protecting Orderly and Responsible Transit of Shipments (PORTS) Act - support. S. 2225, the Save our Small and Seasonal Businesses Act - support. S. 2707, the Protecting Workplace Advancement and Opportunity Act - support. Prove It Act of 2016 - support. Hoeven Amendent to amendment to the FY2017 Energy and Water Development, and Related Agencies Appropriations Act - support. S. 2736, the Patient Access to Durable Medical Equipment Act of 2016 - support. S. 71, Government Neutrality in Contracting Act - support. S. 2844, the fiscal year (FY) 2017 Transportation, Housing and Urban Development, and Related Agencies (T-HUD) appropriations bill. S. 3060 / S. 1697, the Small Business Healthcare Relief Act - support. S. 2736, PADME ACT - Patient Access to Durable Medical Equipment Act - support. S. 3464, the Overtime Reform and Review Act - support. S. 3462, the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act - support. The ADA Education and Reform Act - support. Hearings Walter Carpenter testified before the Subcommittee on Human Resources Committee on Ways and Means on Unemployment Insurance: An Overview of the Challenges and Strengths of Todays System. September 7, 2016 Comments August 31, 2016 - Docket ID EPA-HQ-OPPT-2016-0126 - Section 610 Review of Lead-Based Paint Activities; Training and Certification for Renovation and Remodeling Section 402(c)(3) August 4, 2016 - Department of Treasury, IRS - RIN 1545-BB71. Estate, Gift, and Generation-skipping Transfer Taxes; Restrictions on Liquidation of an Interest. Other Issues Joint employer standard PN1258 - Merrick Garland nomination to the U.S. Supreme Court Estate tax
Client expense: $860,000 · Firm income: Not reported
Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Internal Revenue Service (IRS), Labor, Dept of (DOL), Office of Management & Budget (OMB), SENATE, Treasury, Dept of
2016 · third_quarter · Torts
HR 4771 HEALTH Act of 2016, HR 1927 Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency (FACT) Act of 2016; HR 758 Lawsuit Abuse Reduction Act (LARA) of 2015; HR 3624 Fraudulent Joinder Prevention Act of 2016; HR 865 Good Samaritan Health Professionals Act
Client expense: $10,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · third_quarter · Torts
Work to establish Federal limits on pre-dispute arbitration agreements. Work in support of amendments to the Federal Arbitration Act, including enactment of S.2506 and similar bills that would reduce or eliminate the use of predispute arbitration agreements. Work in opposition to H.R.526 and S.357, the Further Asbestos Claims Transparency Act of 2015. Work in support of S.700, the Reducing Exposure to Asbestos Data Base Act of 2015. Work in opposition to H.R.758 and S.401, the Lawsuit Abuse Reduction Act of 2015; H.R. 1927, the Fairness in Class Action and Furthering Asbestos Claim Transparency Act of 2015; and H.R.3624, the Fradulent Joinder Prevention Act of 2016.
Client expense: Not reported · Firm income: $50,000
Government targets: Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT)
2016 · second_quarter · Government Issues
EPA Science Advisory Board Panel on Whole-Economy Modeling H.R. 1155, SCRUB Act H.R. 3624, Fraudulent Joinder Prevention Act H.R. 527, Small Business Regulatory Flexibility Improvements Act of 2015 Regulatory Reform S. 1817, Smarter Regs Act of 2015 S. 1818, Principled Rulemaking Act of 2015 S. 1820, Early Participation in Regulations Act of 2015 S. 2006, H.R. 185, Regulatory Accountability Act S. 708, H.R. 1407, Regulatory Improvement Act of 2015
Client expense: $1,990,000 · Firm income: Not reported
Government targets: Agriculture, Dept of (USDA), Centers For Disease Control & Prevention (CDC), Commerce, Dept of (DOC), Consumer Product Safety Commission (CPSC), Energy, Dept of, Environmental Protection Agency (EPA), Executive Office of the President (EOP), Federal Communications Commission (FCC), Federal Maritime Commission, HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Archives & Records Administration (NARA), Natl Security Council (NSC), Natl Telecommunications & Information Administration (NTIA), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Treasury, Dept of, U.S. Agency for International Development (USAID), U.S. Customs & Border Protection, U.S. International Trade Commission (ITC), U.S. Trade Representative (USTR), White House Office
2016 · second_quarter · Law Enforcement/Crime/Criminal Justice
Issues regarding criminal laws with no Mens rea requirement Issues relating to the False Claims Act S. 1109 - Truth in Settlements Act of 2015 H.R. 1927 - Fairness in Class Action Litigation Act of 2015 Issues related to certain government settlement practices, including H.R. 5063 the Stop Settlement Slush Funds Act of 2016 H.R. 3624 Fraudulent Joinder Prevention Act of 2016 Work of the Executive Overreach Task Force, including overcriminalization
Client expense: Not reported · Firm income: $60,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · second_quarter · Government Issues
H.R. 1927, Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 H.R. 3624, Fraudulent Joinder Prevention Act of 2016 H.R. 3815/S. 2040, Justice Against Sponsors of Terrorism Act H.R. 5283/S. 3045, Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 H.R. 5485, Financial Services and General Government Appropriations Act, 2017, including provisions relating to section 127, section 610, section 625 and section 735 S. 3067, Financial Services and General Government Appropriations Act, 2017, including provisions relating to section 628 and section 735 Potential legislation similar to S. 2317, Safety Over Secrecy Act of 2014 Potential legislation similar to S. 2364, Sunshine in Litigation Act of 2014 Potential legislation to codify Executive Order 13433 and put in place similar requirements for state officials enforcing federal law Potential legislation dealing with foreign court judgments Potential legislation dealing with the doctrine of Cy Pres Various issues relating to volume of litigation under the False Claims Act (31 U.S.C. 3729-3733); False Claims Act provisions of the Fraud Enforcement Recovery Act of 2009 (P.L. 111-21); campaign finance reform; doctrine of federal preemption; enforcement of federal law by state Attorneys General; use of exclusionary authority; class action reform; oversight of the Department of Justice
Client expense: $6,450,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · second_quarter · Torts
H.R. 1927, Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 H.R. 3624, Fraudulent Joinder Prevention Act of 2016 H.R. 4771, Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2016 S. 357, Furthering Asbestos Claim Transparency (FACT) Act of 2015
Client expense: $22,770,000 · Firm income: Not reported
Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Bureau of Industry and Security (BIS), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Financial Protection Bureau (CFPB), Consumer Product Safety Commission (CPSC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Education, Dept of, Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Bureau of Investigation (FBI), Federal Communications Commission (FCC), Federal Reserve System, Federal Trade Commission (FTC), General Services Administration (GSA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Natl Telecommunications & Information Administration (NTIA), Occupational Safety & Health Administration (OSHA), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation Security Administration (TSA), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Copyright Office, U.S. Customs & Border Protection, U.S. Fish & Wildlife Service (USFWS), U.S. Geological Survey (USGS), U.S. Trade Representative (USTR), White House Office
2016 · second_quarter · Small Business
House Bills H.R. 712, the Sunshine for Regulatory Decrees and Settlements Act - support. H.R. 1671, Government Neutrality in Contracting Act - support. S.J. Res. 22, a Congressional Review Act resolution of disapproval in response to the problematic Waters of the United States rule - support. H.R. 4612, the Midnight Rule Relief Act - support. H.R. 3624, the Fraudulent Joinder Prevention Act - support. H.R. 4293, the Affordable Retirement Advice Protection Act - support. H.R. 4294, the Strengthening Access to Valuable Education and Retirement Support Act - support. H.R. 3433, the Protecting Orderly and Responsible Transit of Shipments (PORTS) Act - support. Amendment included in Section 913 of S 1269 - oppose. H.R. 3765, The ADA Education and Reform Act of 2015 - support. H.R. 4773, the Protecting Workplace Advancement and Opportunity Act - support. H.R. 5447 (H.R. 2911), the Small Business Healthcare Relief Act - support. H. J. Res. 87, a Congressional Review Act resolution of disapproval in response to the controversial persuader rule issued by the U.S. Department of Labor (DOL) - support. Section 110 to the FY2017 Energy and Water Development, and Related Agencies Appropriations Act - support. Perry Amendment to H.R. 4974, ensuring fair and open competition for federal construction contracts funded by the Military Construction, Veterans Affairs (MilCon/VA) Appropriations Bill for Fiscal Year 2017 - support. FY2017 Labor, Health and Human Services, Education, and Related Agencies Appropriations Act. H.R. 5210, PADME ACT - Patient Access to Durable Medical Equipment Act - support. Senate Bills S. 2582, the Midnight Rule Relief Act - support. S. 1519, the Protecting Orderly and Responsible Transit of Shipments (PORTS) Act - support. S. 2225, the Save our Small and Seasonal Businesses Act - support. Amendment included in Section 913 of S 1269 - oppose. S. 2707, the Protecting Workplace Advancement and Opportunity Act - support. Prove It Act of 2016 - support. Hoeven Amendent to amendment to the FY2017 Energy and Water Development, and Related Agencies Appropriations Act - support. S. 2736, the Patient Access to Durable Medical Equipment Act of 2016 - support. S. 71, Government Neutrality in Contracting Act - support. S. 2844, the fiscal year (FY) 2017 Transportation, Housing and Urban Development, and Related Agencies (T-HUD) appropriations bill. S. 3060 / S. 1697, the Small Business Healthcare Relief Act - support. S. 2736, PADME ACT - Patient Access to Durable Medical Equipment Act - support. Hearings Karen Harned, House Small Business Committee on Regulation: The Hidden Small Business Tax. April 14, 2016. Elizabeth Milito, U.S. Senate Committee on Small Business and Entrepreneurship, Hearing on: Drowning in Regulations: The Waters of the U.S. Rule and the Case for Reforming the RFA April 27, 2016. Kevin Kuhlman, Senate Small Business and Entrepreneurship Committee on the Small Business Struggle under Obamacare. May 18 2016. Albert Macre, House Committee on Small Business on Damaging Repercussions: DOLs Overtime Rule, Small Employers, and their Employees June 23, 2016. Joe Grossbauer, Joint Economic Committee on Is Our Complex Code Too Taxing on the Economy? April 20, 2016. Tom Kunkel, Senate Small Business and Entrepreneurship Committee on the Small Business Struggle Under Obamacare, May 18, 2016. Comments April 8, 2016, RIN 1235-AA13 - Establishing Paid Sick Leave for Federal Contractors, Wage and Hour Division, DOL. Other Issues Joint employer standard PN1258 - Merrick Garland nomination to the U.S. Supreme Court
Client expense: $878,000 · Firm income: Not reported
Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Internal Revenue Service (IRS), Labor, Dept of (DOL), Office of Management & Budget (OMB), SENATE, Treasury, Dept of
2016 · second_quarter · Torts
Issues related to civil justice reform generally; HR 3624, "Fraudulent Joinder Prevention Act of 2015
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · second_quarter · Government Issues
H.R. 3624 (Fraudulent Joinder Prevention Act of 2015); amends title 28, United States Code, to prevent fraudulent joinder.
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES
2016 · second_quarter · Government Issues
General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. S. 401/H.R. 758 (Lawsuit Abuse Reduction Act of 2015); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. Lobbying with regard to federal judicial selection generally, including the Supreme Court of the United States, and with specific regard to the Supreme Court nomination of Judge Merrick Garland. H.R. 2304 (SPEAK FREE Act of 2015); Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern. H.R. 5111 (Consumer Review Fairness Act); prohibits the use of certain clauses in form contracts that restrict the ability of a consumer to communicate regarding the goods or services offered in interstate commerce that were the subject of the contract. H.R. 2110/S. 2044 (Consumer Review Freedom Act); prohibits the use of certain clauses in form contracts that restrict the ability of a consumer to communicate regarding the goods or services that were the subject of the contract. H.R. 384/H.R. 3279 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require annual reports to Congress on, and the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party. H.R. 2336/S.__ (Sunshine in Litigation Act); amends Chapter 111 of Title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. H.R. 2110/S. 2044 (Consumer Review Freedom Act); prohibits contracts that prohibit consumers from making certain public comments on businesses. H.R. 185 (Regulatory Accountability Act of 2015); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 226/ H.R. 427 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S 543/H.R. 1029 (EPA Science Advisory Board Reform Act of 2015); amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. H.R. 1927 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. S. 1113; amends title 28, United States Code, to remand certain civil actions transferred by the judicial panel on multidistrict litigation. H.R. 1579 (ALERT Act of 2015); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings H.R. 2648/S. 1109 (Truth in Settlements Act of 2015); requires adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies. General lobbying with regard to settlement disclosures. S. 1607 (Independent Agency Regulatory Analysis Act of 2015); authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) publish and provide the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final economically significant rule and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Office for review any proposed or final economically significant rule. S. 708 (Regulatory Improvement Act of 2015); Requires the Commission to evaluate and make recommendations and propose legislation for modification, consolidation, or repeal of regulations that have been finalized not later than 10 years before the establishment of the Commission (covered regulations) for the purpose of reducing compliance costs, encouraging growth and innovation, improving competitiveness, and protecting public safety. S. 1820 (Early Participation in Regulations Act); requires agencies to publish an advance notice of proposed rule making for major rules. S. 1818 (Principled Rulemaking Act); amends title 5, United States Code, to reform the rule making process of agencies. S. 1817 (Smarter Regs Act of 2015); implements retrospective review of major rules. H.R. 3624 (Fraudulent Joinder Prevention Act of 2015); amends title 28, United States Code, to prevent fraudulent joinder. Lobbying with regard to factoring and structured settlements. H.R. 712 (Sunshine for Regulatory Decrees and Settlements Act); creates new requirements for civil actions seeking to compel agency actions. H.R. 1155 (SCRUB Act); creates new requirements for agencies when making a new rule, creates a regulatory oversight commission. S. 2006 (Regulatory Accountability Act of 2015); reforms the process by which Federal agencies analyze and formulate new regulations and guidance documents. H.R. 4768 (Separation of Powers Restoration Act); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules. H.R. 4612 (Midnight Rule Relief Act of 2016); prohibits some federal agencies from proposing or finalizing any midnight rule unless the Office of Information and Regulatory Affairs finds that such a rule will not result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete internationally; or (4) a significant economic impact on a substantial number of small businesses. H.R. 5063 (Stop Settlement Slush Funds Act of 2016); prohibits government officials from entering into a settlement agreement resolving a civil action on behalf of the United States, or from enforcing such a settlement agreement, if that agreement requires a donation to be made to any person by any party (other than the United States) to such agreement. H.R. 3765 (ADA Education and Reform Act of 2015); amends the Americans with Disabilities Act of 1990 to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action. H.R. 241 (ADA Compliance for Customer Entry to Stores and Services (ACCESS) Act of 2015); amends the Americans with Disabilities Act of 1990 to prohibit an aggrieved person from commencing a civil action for discrimination based on the failure to remove a structural barrier to entry into an existing public accommodation unless the owner or operator of such accommodation: (1) is provided a written notice specific enough to identify such barrier; and (2) has, within specified time periods, either failed to provide the aggrieved person with a written description outlining improvements that will be made to remove such barrier or provided such description and failed to remove such barrier. H.R. 4719 (Correcting Obstructions to Mediate, Prevent, and Limit Inaccessibility (COMPLI) Act); amends the Americans with Disabilities Act of 1990 to prohibit persons aggrieved by certain public accommodation violations from commencing a civil action for discrimination unless they: (1) provide the owner or operator of the accommodation with a written notice that is specific enough to identify the violation; (2) specify in the notice that the owner or operator has 90 days to remove or correct the violation before an action will be brought; and (3) refrain from sending demand letters, requests for settlement, or other communications to the owner or operator during such 90-day period.
Client expense: $1,500,000 · Firm income: Not reported
Government targets: Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT), Vice President of the U.S.
2016 · second_quarter · Torts
HR 4771 HEALTH Act of 2016, HR 1927 Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency (FACT) Act of 2016; HR 758 Lawsuit Abuse Reduction Act (LARA) of 2015; HR 3624 Fraudulent Joinder Prevention Act of 2016; HR 865 Good Samaritan Health Professionals Act
Client expense: $10,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · second_quarter · Torts
Work to establish Federal limits on pre-dispute arbitration agreements. Work in support of amendments to the Federal Arbitration Act, including enactment of S.2506 and similar bills that would reduce or eliminate the use of predispute arbitration agreements. Work in opposition to H.R.526 and S.357, the Further Asbestos Claims Transparency Act of 2015. Work in support of S.700, the Reducing Exposure to Asbestos Data Base Act of 2015. Work in opposition to H.R.758 and S.401, the Lawsuit Abuse Reduction Act of 2015; H.R. 1927, the Fairness in Class Action and Furthering Asbestos Claim Transparency Act of 2015; and H.R.3624, the Fradulent Joinder Prevention Act of 2016.
Client expense: Not reported · Firm income: $50,000
Government targets: Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT)
2016 · first_quarter · Government Issues
H.R. 758 (Lawsuit Abuse Reduction Act of 2015); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. H.R. 3624 (Fraudulent Joinder Prevention Act of 2015); amends title 28, United States Code, to prevent fraudulent joinder.
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES
2016 · first_quarter · Law Enforcement/Crime/Criminal Justice
Issues regarding criminal laws with no Mens rea requirement Issues relating to the False Claims Act S. 1109 - Truth in Settlements Act of 2015 H.R. 1927 - Fairness in Class Action Litigation Act of 2015 Issues related to certain government settlement practices H.R. 3624 Fraudulent Joinder Prevention Act of 2016 Work of the Executive Overreach Task Force
Client expense: Not reported · Firm income: $60,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · first_quarter · Government Issues
EPA Science Advisory Board Panel on Whole-Economy Modeling H.R. 1155, SCRUB Act H.R. 1927, Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act H.R. 3624, Fraudulent Joinder Prevention Act H.R. 527, Small Business Regulatory Flexibility Improvements Act of 2015 H.R. 712, Sunshine for Regulations and Regulatory Decrees and Settlements Act H.R. 758, the Lawsuit Abuse Reduction Act (LARA) Regulatory Reform S. 1607, Independent Agency Regulatory Analysis Act of 2015 S. 1817, Smarter Regs Act of 2015 S. 1818, Principled Rulemaking Act of 2015 S. 1820, Early Participation in Regulations Act of 2015 S. 2006, H.R. 185, Regulatory Accountability Act S. 280, Federal Permitting Improvement Act of 2015 S. 708, H.R. 1407, Regulatory Improvement Act of 2015 S. 846, Small Business Regulatory Sunset Act of 2015
Client expense: $1,920,014 · Firm income: Not reported
Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Bureau of Citizenship & Immigration Services (BCIS), Centers For Medicare and Medicaid Services (CMS), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Product Safety Commission (CPSC), Council on Environmental Quality (CEQ), Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Export-Import Bank of the United States (EXIM Bank), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Library of Congress (LOC), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Security Council (NSC), Office of Management & Budget (OMB), Pension Benefit Guaranty Corporation (PBGC), SENATE, State, Dept of (DOS), Treasury, Dept of, U.S. Agency for International Development (USAID), U.S. Coast Guard (USCG), U.S. Customs & Border Protection, U.S. Fish & Wildlife Service (USFWS), U.S. International Trade Commission (ITC), U.S. Trade Representative (USTR), White House Office
2016 · first_quarter · Government Issues
General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. S. 401/H.R. 758 (Lawsuit Abuse Reduction Act of 2015); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. Lobbying with regard to federal judicial selection generally, including the Supreme Court of the United States, and with specific regard to the Supreme Court nomination of Judge Merrick Garland. H.R. 2304 (SPEAK FREE Act of 2015); Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern. H.R. 384/H.R. 3279 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require annual reports to Congress on, and the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party. H.R. 2336/S.__ (Sunshine in Litigation Act); amends Chapter 111 of Title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. H.R. 2110/S. 2044 (Consumer Review Freedom Act); prohibits contracts that prohibit consumers from making certain public comments on businesses. H.R. 185 (Regulatory Accountability Act of 2015); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 226/ H.R. 427 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S 543/H.R. 1029 (EPA Science Advisory Board Reform Act of 2015); amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. H.R. 1927 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. S. 1113; amends title 28, United States Code, to remand certain civil actions transferred by the judicial panel on multidistrict litigation. H.R. 1579 (ALERT Act of 2015); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings H.R. 2648/S. 1109 (Truth in Settlements Act of 2015); requires adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies. General lobbying with regard to settlement disclosures. S. 1607 (Independent Agency Regulatory Analysis Act of 2015); authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) publish and provide the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final economically significant rule and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Office for review any proposed or final economically significant rule. S. 708 (Regulatory Improvement Act of 2015); Requires the Commission to evaluate and make recommendations and propose legislation for modification, consolidation, or repeal of regulations that have been finalized not later than 10 years before the establishment of the Commission (covered regulations) for the purpose of reducing compliance costs, encouraging growth and innovation, improving competitiveness, and protecting public safety. S. 1820 (Early Participation in Regulations Act); requires agencies to publish an advance notice of proposed rule making for major rules. S. 1818 (Principled Rulemaking Act); amends title 5, United States Code, to reform the rule making process of agencies. S. 1817 (Smarter Regs Act of 2015); implements retrospective review of major rules. H.R. 3624 (Fraudulent Joinder Prevention Act of 2015); amends title 28, United States Code, to prevent fraudulent joinder. Lobbying with regard to factoring and structured settlements. H.R. 712 (Sunshine for Regulatory Decrees and Settlements Act); creates new requirements for civil actions seeking to compel agency actions. H.R. 1155 (SCRUB Act); creates new requirements for agencies when making a new rule, creates a regulatory oversight commission. S. 2006 (Regulatory Accountability Act of 2015); reforms the process by which Federal agencies analyze and formulate new regulations and guidance documents. H.R. 4768 (Separation of Powers Restoration Act); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo all relevant questions of law, including the interpretation of constitutional and statutory provisions and rules. H.R. 4612 (Midnight Rule Relief Act of 2016); prohibits some federal agencies from proposing or finalizing any midnight rule unless the Office of Information and Regulatory Affairs finds that such a rule will not result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices; (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete internationally; or (4) a significant economic impact on a substantial number of small businesses.
Client expense: $1,380,000 · Firm income: Not reported
Government targets: Consumer Financial Protection Bureau (CFPB), Education, Dept of, Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), Office of the Vice President of the United States, SENATE, Vice President of the U.S.
2016 · first_quarter · Torts
Issues related to civil justice reform generally; HR 3624, "Fraudulent Joinder Prevention Act of 2015
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · first_quarter · Government Issues
H.R. 1927, Fairness in Class Action Litigation Act of 2015, including provisions relating to rules amendments H.R. 3624, Fraudulent Joinder Prevention Act of 2015, including provisions relating to rules amendments H.R. 3798, Due Process Restoration Act of 2015 H.R. 3815/S. 2040, Justice Against Sponsors of Terrorism Act Potential legislation similar to S. 2317, Safety Over Secrecy Act of 2014 Potential legislation similar to S. 2364, Sunshine in Litigation Act of 2014 Potential legislation to codify Executive Order 13433 and put in place similar requirements for state officials enforcing federal law Potential legislation dealing with foreign court judgments Potential legislation dealing with the doctrine of Cy Pres Potential legislation dealing with administrative law judges Potential legislation similar to Division E, Title I, section 127, prohibition on IRS rulemaking on standards of qualification for (c)(4) that expressly references pending IRS rulemaking on (c)(4) political activity Potential legislation similar to Division E, Title VI, section 610, prohibition on Executive Office of the President requesting a determination from Treasury or the IRS on a 501(c) entity Potential legislation similar to Division E, Title VII, section 735, prohibition on rulemaking compelling government contractors to disclose political contributions or those of their officers, directors, or shareholders Potential legislation similar to Division O, Title VII, section 707, prohibition on SEC rulemaking compelling disclosures by public companies of political contributions and contributions to non-profit entities that engage in political activity, including trade associations Various issues relating to volume of litigation under the False Claims Act (31 U.S.C. 3729-3733); False Claims Act provisions of the Fraud Enforcement Recovery Act of 2009 (P.L. 111-21); campaign finance reform; doctrine of federal preemption; enforcement of federal law by state Attorneys General; use of exclusionary authority; civil asset forfeiture; class action reform
Client expense: $6,960,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), HOUSE OF REPRESENTATIVES, Justice, Dept of (DOJ), SENATE
2016 · first_quarter · Torts
H.R. 1927, Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 H.R. 3624, Fraudulent Joinder Prevention Act of 2016 H.R. 4771, Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2016 S. 357, Furthering Asbestos Claim Transparency (FACT) Act of 2015
Client expense: $15,750,000 · Firm income: Not reported
Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Bureau of Industry and Security (BIS), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Financial Protection Bureau (CFPB), Consumer Product Safety Commission (CPSC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Education, Dept of, Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Bureau of Investigation (FBI), Federal Communications Commission (FCC), Federal Reserve System, Federal Trade Commission (FTC), General Services Administration (GSA), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Natl Telecommunications & Information Administration (NTIA), Occupational Safety & Health Administration (OSHA), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation Security Administration (TSA), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Copyright Office, U.S. Customs & Border Protection, U.S. Fish & Wildlife Service (USFWS), U.S. Geological Survey (USGS), U.S. Trade Representative (USTR), White House Office
2016 · first_quarter · Small Business
House Bills H.R. 712, the Sunshine for Regulatory Decrees and Settlements Act - support. H.R. 1671, Government Neutrality in Contracting Act - support. S.J. Res. 22, a Congressional Review Act resolution of disapproval in response to the problematic Waters of the United States rule - support. H.R. 4612, the Midnight Rule Relief Act - support. H.R. 3624, the Fraudulent Joinder Prevention Act - support. H.R. 4293, the Affordable Retirement Advice Protection Act - support. H.R. 4294, the Strengthening Access to Valuable Education and Retirement Support Act - support. H.R. 3433, the Protecting Orderly and Responsible Transit of Shipments (PORTS) Act - support. Amendment included in Section 913 of S 1269 - oppose. H.R. 3765, The ADA Education and Reform Act of 2015 - support. H.R. 4773, the Protecting Workplace Advancement and Opportunity Act - support. H.R. 2911, the Small Business Healthcare Relief Act - support. Senate Bills S. 2582, the Midnight Rule Relief Act - support. S. 1519, the Protecting Orderly and Responsible Transit of Shipments (PORTS) Act - support. S. 2225, the Save our Small and Seasonal Businesses Act - support. Amendment included in Section 913 of S 1269 - oppose. S. 2707, the Protecting Workplace Advancement and Opportunity Act - support. Hearings Holly Wade testified before the Subcommittee on Economic Growth, Tax and Capital Access on Lip Service but Little Else: Failure of the Small Business Health Insurance Tax Credit on March 22, 2016. Comments Docket ID OSHA-2015-0018 - Memorandum to Open Docket for Comments on OSHA Safety and Health Program Management Guidelines. Occupational Safety and Health Administration, Department of Labor. February 9, 2016. Agency/Docket Number: 3046-0007/Document Number: 2016-01544. Equal Employment Opportunity Commission. March 31, 2016. Other Issues Joint employer standard PN1258 - Merrick Garland nomination to the U.S. Supreme Court Overtime Rule WOTUS
Client expense: $854,000 · Firm income: Not reported
Government targets: Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Internal Revenue Service (IRS), Occupational Safety & Health Administration (OSHA), Office of Management & Budget (OMB), SENATE, Treasury, Dept of
2016 · first_quarter · Small Business
House Bills H.R. 712, the Sunshine for Regulatory Decrees and Settlements Act - support. H.R. 1671, Government Neutrality in Contracting Act - support. S.J. Res. 22, a Congressional Review Act resolution of disapproval in response to the problematic Waters of the United States rule - support. H.R. 4612, the Midnight Rule Relief Act - support. H.R. 3624, the Fraudulent Joinder Prevention Act - support. H.R. 4293, the Affordable Retirement Advice Protection Act - support. H.R. 4294, the Strengthening Access to Valuable Education and Retirement Support Act - support. H.R. 3433, the Protecting Orderly and Responsible Transit of Shipments (PORTS) Act - support. Amendment included in Section 913 of S 1269 - oppose. H.R. 3765, The ADA Education and Reform Act of 2015 - support. H.R. 4773, the Protecting Workplace Advancement and Opportunity Act - support. H.R. 2911, the Small Business Healthcare Relief Act - support. Senate Bills S. 2582, the Midnight Rule Relief Act - support. S. 1519, the Protecting Orderly and Responsible Transit of Shipments (PORTS) Act - support. S. 2225, the Save our Small and Seasonal Businesses Act - support. Amendment included in Section 913 of S 1269 - oppose. S. 2707, the Protecting Workplace Advancement and Opportunity Act - support. Hearings Holly Wade testified before the Subcommittee on Economic Growth, Tax and Capital Access on Lip Service but Little Else: Failure of the Small Business Health Insurance Tax Credit on March 22, 2016. Comments Docket ID OSHA-2015-0018 - Memorandum to Open Docket for Comments on OSHA Safety and Health Program Management Guidelines. Occupational Safety and Health Administration, Department of Labor. February 9, 2016. Agency/Docket Number: 3046-0007/Document Number: 2016-01544. Equal Employment Opportunity Commission. March 31, 2016. Other Issues Joint employer standard PN1258 - Merrick Garland nomination to the U.S. Supreme Court Overtime Rule WOTUS
Client expense: $854,000 · Firm income: Not reported
Government targets: Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, Internal Revenue Service (IRS), Occupational Safety & Health Administration (OSHA), Office of Management & Budget (OMB), SENATE, Treasury, Dept of
2016 · first_quarter · Consumer Issues/Safety/Products
HR 1155-SCRUB Act of 2016, HR 712-Sunshine for Regulations and Regulatory Decrees and Settlement act of 2016, Regulatory reform, S 708-Regulatory improvement act of 2015, S 1607-Independent agency regulatory analysis act of 2015, S 1817-Smarter Regulations Act of 2015, S 1818-Principled rulemaking act of 2015, S 1820 Early participation in regulations act of 2015, HR 4612-Midnight rule relief act of 2016, stopping anti-regulatory legislation, HR 1927-Fairness in class action litigation and furthering asbestos claims transparency act of 2016 (FACT act), Education arbitration bill, Product safety, FCC Robocall meeting, HR 3624-Fraudulent Joinder Prevention act of 2016,
Client expense: $60,000 · Firm income: Not reported
Government targets: Commodity Futures Trading Commission (CFTC), Consumer Product Safety Commission (CPSC), Education, Dept of, Federal Communications Commission (FCC), Federal Deposit Insurance Corporation (FDIC), HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Occupational Safety & Health Administration (OSHA), Office of Management & Budget (OMB), Office of the Comptroller of the Currency (OCC), SENATE, Securities & Exchange Commission (SEC), Treasury, Dept of
2016 · first_quarter · Torts
HR 4771 HEALTH Act of 2016, HR 1927 Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency (FACT) Act of 2016; HR 758 Lawsuit Abuse Reduction Act (LARA) of 2015; HR 3624 Fraudulent Joinder Prevention Act of 2016
Client expense: $10,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2016 · first_quarter · Torts
Work to establish Federal limits on pre-dispute arbitration agreements. Work in support of amendments to the Federal Arbitration Act, including enactment of S.2506 and similar bills that would reduce or eliminate the use of predispute arbitration agreements. Work in opposition to H.R.526 and S.357, the Further Asbestos Claims Transparency Act of 2015. Work in support of S.700, the Reducing Exposure to Asbestos Data Base Act of 2015. Work in opposition to H.R.758 and S.401, the Lawsuit Abuse Reduction Act of 2015; H.R. 1927, the Fairness in Class Action and Furthering Asbestos Claim Transparency Act of 2015; and H.R.3624, the Fradulent Joinder Prevention Act of 2016.
Client expense: Not reported · Firm income: $50,000
Government targets: Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Office of Management & Budget (OMB), SENATE, Transportation, Dept of (DOT)
2015 · fourth_quarter · Government Issues
General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. S. 401/H.R. 758 (Lawsuit Abuse Reduction Act of 2015); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. Lobbying with regard to federal judicial selection generally, and with specific regard to the Third Circuit nomination of the Honorable Luis Philippe Restrepo. H.R. 2304 (SPEAK FREE Act of 2015); Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern. H.R. 384/H.R. 3279 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require annual reports to Congress on, and the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party. H.R. 2336/S.__ (Sunshine in Litigation Act); amends Chapter 111 of Title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. H.R. 2110/S. 2044 (Consumer Review Freedom Act); prohibits contracts that prohibit consumers from making certain public comments on businesses. H.R. 185 (Regulatory Accountability Act of 2015); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 226/ H.R. 427 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S 543/H.R. 1029 (EPA Science Advisory Board Reform Act of 2015); amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. H.R. 1927 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. S. 1113; amends title 28, United States Code, to remand certain civil actions transferred by the judicial panel on multidistrict litigation. H.R. 1579 (ALERT Act of 2015); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings H.R. 2648/S. 1109 (Truth in Settlements Act of 2015); requires adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies. General lobbying with regard to settlement disclosures. S. 1607 (Independent Agency Regulatory Analysis Act of 2015); authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) publish and provide the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final economically significant rule and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Office for review any proposed or final economically significant rule. S. 708 (Regulatory Improvement Act of 2015); Requires the Commission to evaluate and make recommendations and propose legislation for modification, consolidation, or repeal of regulations that have been finalized not later than 10 years before the establishment of the Commission (covered regulations) for the purpose of reducing compliance costs, encouraging growth and innovation, improving competitiveness, and protecting public safety. S. 1820 (Early Participation in Regulations Act); requires agencies to publish an advance notice of proposed rule making for major rules. S. 1818 (Principled Rulemaking Act); amends title 5, United States Code, to reform the rule making process of agencies. S. 1817 (Smarter Regs Act of 2015); implements retrospective review of major rules. H.R. 3624 (Fraudulent Joinder Prevention Act of 2015); amends title 28, United States Code, to prevent fraudulent joinder. Lobbying with regard to factoring and structured settlements. H.R. 712 (Sunshine for Regulatory Decrees and Settlements Act); creates new requirements for civil actions seeking to compel agency actions. H.R. 1155 (SCRUB Act); creates new requirements for agencies when making a new rule, creates a regulatory oversight commission. S. 2006 (Regulatory Accountability Act of 2015); reforms the process by which Federal agencies analyze and formulate new regulations and guidance documents.
Client expense: $1,600,000 · Firm income: Not reported
Government targets: Consumer Financial Protection Bureau (CFPB), Consumer Product Safety Commission (CPSC), Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
2015 · fourth_quarter · Government Issues
H.R. 1927, Fairness in Class Action Litigation Act of 2015 H.R. 3624, Fraudulent Joinder Prevention Act of 2015 S. 2040, Justice Against Sponsors of Terrorism Act S. 2044, Consumer Review Freedom Act of 2015 Potential legislation similar to S. 2317, Safety Over Secrecy Act of 2014 Potential legislation similar to S. 2364, Sunshine in Litigation Act of 2014 Potential legislation to codify Executive Order 13433 and put in place similar requirements for state officials enforcing federal law Potential legislation dealing with foreign court judgments Potential legislation dealing with the doctrine of Cy Pres Potential legislation dealing with administrative law judges Various issues relating to volume of litigation under the False Claims Act (31 U.S.C. 3729-3733); False Claims Act provisions of the Fraud Enforcement Recovery Act of 2009 (P.L. 111-21); campaign finance reform; doctrine of federal preemption; enforcement of federal law by state Attorneys General; use of exclusionary authority; patent litigation reform; civil asset forfeiture; class action reform
Client expense: $5,630,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Justice, Dept of (DOJ), SENATE, State, Dept of (DOS)
2015 · fourth_quarter · Torts
Issues related to civil justice reform generally; HR 3624, "Fraudulent Joinder Prevention Act of 2015
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2015 · third_quarter · Government Issues
General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. S. 401/H.R. 758 (Lawsuit Abuse Reduction Act of 2015); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. General lobbying with regard to federal judicial selection generally. H.R. 2304 (SPEAK FREE Act of 2015); Amends the federal judicial code to allow a person against whom a lawsuit is asserted to file a special motion to dismiss claims referred to as strategic lawsuits against public participation ("SLAPP suits") that arise from an oral or written statement or other expression, or conduct in furtherance of such expression, by the defendant in connection with an official proceeding or about a matter of public concern. H.R. 3897; amends the Internal Revenue Code of 1986 to strengthen the rules for approved structured settlement factoring transactions. H.R. 3699 (Structured Settlement Claimants Rights Act); protects the right of a claimant in a civil action before a Federal court to retain a structured settlement broker to negotiate the terms of payment of an award. General lobbying with regard to the Equal Access to Justice Act. S. 2364/H.R. 4361 (Sunshine in Litigation Act); amends Chapter 111 of Title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. H.R. 4624 (Fair Debt Collection Practices Clarification Act); amends the Fair Debt Collection Practices Act of prohibit a court from making an award of costs to a defendant except on a finding that an action was brought in bad faith. S. 2267 (Defend Trade Secrets Act); modifies Chapter 90 of Title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets. H.R. 5499 (Consumer Review Freedom Act); prohibits contracts that prohibit consumers from making certain public comments on businesses. H.R. 5088 (Responsive and Efficient Appeals Courts for Heroes Act of 2014); amends Title 38, United States Code, to establish procedures for class actions at the Court of Appeals for Veterans Claims, and for other purposes. S. 2769; ensures appropriate judicial review of Federal Government actions by amending the prohibition on the exercise of jurisdiction by the United States Court of Federal Claims of certain claims pending in other courts. H.R. 185 (Regulatory Accountability Act of 2015); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 226/ H.R. 427 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S 543/H.R. 1029 (EPA Science Advisory Board Reform Act of 2015); amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. H.R. 1927 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. S. 1113; amends title 28, United States Code, to remand certain civil actions transferred by the judicial panel on multidistrict litigation. H.R. 1579 (ALERT Act of 2015); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings H.R. 2775 (Remote Transactions Parity Act of 2015); grants States authority to enforce State and local sales and use tax laws on remote transactions. H.R. 2250/S. __ (Legislative Branch Appropriations Act, 2016); making appropriations for the Legislative Branch for the fiscal year ending September 30, 2016. H.R. 2578/S. __ (Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016); making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2016. H.R. 2648/S. 1109 (Truth in Settlements Act of 2015); requires adequate information regarding the tax treatment of payments under settlement agreements entered into by Federal agencies. General lobbying with regard to settlement disclosures. S. 1607 (Independent Agency Regulatory Analysis Act); authorizes the President to require an independent regulatory agency to: (1) comply, to the extent permitted by law, with regulatory analysis requirements applicable to other federal agencies; (2) publish and provide the Office of Information and Regulatory Affairs with an assessment of the costs and benefits of a proposed or final economically significant rule and an assessment of costs and benefits of alternatives to the rule; and (3) submit to the Office for review any proposed or final economically significant rule. S. 708 (Regulatory Improvement Act); Requires the Commission to evaluate and make recommendations and propose legislation for modification, consolidation, or repeal of regulations that have been finalized not later than 10 years before the establishment of the Commission (covered regulations) for the purpose of reducing compliance costs, encouraging growth and innovation, improving competitiveness, and protecting public safety. S. 1820 (Early Participation in Regulations Act); requires agencies to publish an advance notice of proposed rule making for major rules. S. 1818 (Principled Rulemaking Act); amends title 5, United States Code, to reform the rule making process of agencies. S.1817 (Smarter Regs Act of 2015); implements retrospective review of major rules. H.R. 3624 (Fraudulent Joinder Prevention Act of 2015); amends title 28, United States Code, to prevent fraudulent joinder. Lobbying on draft legislation related to factoring. General lobbying with respect to consumer issues in the budget.
Client expense: $1,520,000 · Firm income: Not reported
Government targets: Consumer Financial Protection Bureau (CFPB), Executive Office of the President (EOP), HOUSE OF REPRESENTATIVES, SENATE
2015 · third_quarter · Government Issues
H.R. 1927, Fairness in Class Action Litigation Act of 2015 H.R. 3624, Fraudulent Joinder Prevention Act of 2015 S. 2040, Justice Against Sponsors of Terrorism Act Potential legislation similar to H.R. 2925, Strengthening Medicare Anti-Fraud Measures Act of 2013 Potential legislation similar to S. 2317, Safety Over Secrecy Act of 2014 Potential legislation similar to S. 2364, Sunshine in Litigation Act of 2014 Potential legislation to codify Executive Order 13433 and put in place similar requirements for state officials enforcing federal law Potential legislation dealing with foreign court judgments Potential legislation dealing with the doctrine of Cy Pres Potential legislation dealing with administrative law judges Various issues relating to False Claims Act (31 U.S.C. 3729-3733); False Claims Act provisions of the Fraud Enforcement Recovery Act of 2009 (P.L. 111-21); campaign finance reform; doctrine of federal preemption; enforcement of federal law by state Attorneys General; use of exclusionary authority; patent litigation reform; civil asset forfeiture; class action reform
Client expense: $5,070,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Justice, Dept of (DOJ), SENATE, State, Dept of (DOS)
2015 · third_quarter · Torts
Issues related to civil justice reform generally; HR 3624, "Fraudulent Joinder Prevention Act of 2015
Client expense: Not reported · Firm income: $50,000
Government targets: HOUSE OF REPRESENTATIVES, SENATE