APPEAL Act

H.R. 985 (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. H.R. 2359 (FCRA Liability Harmonization Act); amends the civil liability requirements under the Fair Credit Reporting Act to include requirements relating to class actions. H.R. 725 (Innocent Party Protection Act); amends title 28, United States Code, to affect claims of fraudulent joinder. H.R. 720 (Lawsuit Abuse Reduction Act); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. H.R. 3487; amends section 1332 of title 28, United States Code, to provide that the requirement for diversity of citizenship jurisdiction is met if any one party to the case is diverse in citizenship from any one adverse party in the case. H.R. 2660 (APPEAL Act); provides exclusive original jurisdiction to the U.S. District Court for the District of Columbia for cases regarding an executive order, action, or memorandum. General lobbying with regard to federal judicial nominations. S. 951/H.R. 5 (Regulatory Accountability Act); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 21/H.R. 26 (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. 34/H.R. 21 (Midnight Rules Relief Act); amends chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for midnight rules. S. 56 (RED Tape Act of 2017); prohibits a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more such existing rules. S. 69 (Regulatory Responsibility for our Economy Act of 2017); sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. S. 584/H.R. 33 (Small Business Regulatory Flexibility Improvements Act); amends chapter 6 of the Regulatory Flexibility Act, to ensure complete analysis of potential impacts on small entities of rules. H.R. 74 (REVIEW Act of 2017); prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and the OIRA makes a determination as to whether the rule is a high-impact rule. H.R. 75 (ALERT Act of 2017); 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. 76 (Separation of Powers Restoration Act of 2017); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of: (1) constitutional and statutory provisions, and (2) rules made by agencies. H.R. 78 (SEC Regulatory Accountability Act); amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require new standards to issue new rules and mandating a review of existing regulations. H.R. 978 (Regulatory Improvement Act of 2017); establish an independent advisory committee to review certain regulations. S. 288 (Regulatory Predictability for Business Growth Act of 2017); requires notice and comment for certain interpretative rules. S. 579 (Early Participation in Regulations Act of 2017); requires agencies to publish an advance notice of proposed rule making for major rules. H.R. 2887 (No Regulation Without Representation Act of 2017); stipulates that a State may tax or regulate a persons activity in interstate commerce only when such person is physically present in the State during the period in which the tax or regulation is imposed. S. 119/H.R. 469 (Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017); establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. H.R. 1430 (HONEST Act); prohibits the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible. S. 378/H.R. 1033 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require 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. S. 328/H.R. 968 (Equal Justice Under Law Act of 2017); enforces the Sixth Amendment right to the assistance of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of the United States to provide declaratory and injunctive relief against systemic violations of such right. S. 333/S. 522/H.R. 732 (Stop Settlement Slush Funds Act of 2017); limits donations made pursuant to settlement agreements to which the United States is a party. H.R. 620 (ADA Education and Reform Act of 2017); 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. 1493 (ADA Lawsuit Clarification Act of 2017); amends the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action. H.R. 50 (Unfunded Mandates Information and Transparency Act of 2017); regulatory reform, restricting agency mandates. H.R 4423 (North Texas Water Supply Security Act of 2017)/ H.R. 5468 (Permitting Litigation Efficiency Act of 2018); regulatory reform targeting judicial review of the environmental review process. S.J.Res. 57 (providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to Indirect Auto Lending and Compliance with the Equal Credit Opportunity). H.R. 5954 (Anti-terrorism Clarification Act); amends existing law to make is easier to file civil cases against foriegn countries for their role in terrorist activities. Draft legislation on international evidence parity rules; more specifically the ability to obtain discovery of American companies in foriegn tribunals. General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence; Rule 23, MDLs, Rule 30(b)(6), social security appeals, Residual hearsay exception. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. General lobbying with regard to settlement disclosures. General lobbying with respect to diversity jurisdiction and potential changes to the jurisdiction rules. General lobbying with regard to the emoluments clause. General lobbying with regard to nominations to executive agencies. General lobbying with regard to regulatory reform. General lobbying with regard to injunctive relief. General lobbying related to federalizing the treatment of non-disclosure agreements. General lobbying with regard to intermediate care facility class actions.

Client expense: $1,430,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), HOUSE OF REPRESENTATIVES, SENATE

H.R. 985 (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. H.R. 2359 (FCRA Liability Harmonization Act); amends the civil liability requirements under the Fair Credit Reporting Act to include requirements relating to class actions. H.R. 725 (Innocent Party Protection Act); amends title 28, United States Code, to affect claims of fraudulent joinder. H.R. 720 (Lawsuit Abuse Reduction Act); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. H.R. 3487; amends section 1332 of title 28, United States Code, to provide that the requirement for diversity of citizenship jurisdiction is met if any one party to the case is diverse in citizenship from any one adverse party in the case. H.R. 2660 (APPEAL Act); provides exclusive original jurisdiction to the U.S. District Court for the District of Columbia for cases regarding an executive order, action, or memorandum. S. 951/H.R. 5 (Regulatory Accountability Act); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 21/H.R. 26 (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. 34/H.R. 21 (Midnight Rules Relief Act); amends chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for midnight rules. S. 56 (RED Tape Act of 2017); prohibits a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more such existing rules. S. 69 (Regulatory Responsibility for our Economy Act of 2017); sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. S. 584/H.R. 33 (Small Business Regulatory Flexibility Improvements Act); amends chapter 6 of the Regulatory Flexibility Act, to ensure complete analysis of potential impacts on small entities of rules. H.R. 74 (REVIEW Act of 2017); prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and the OIRA makes a determination as to whether the rule is a high-impact rule. H.R. 75 (ALERT Act of 2017); 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. 76 (Separation of Powers Restoration Act of 2017); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of: (1) constitutional and statutory provisions, and (2) rules made by agencies. H.R. 78 (SEC Regulatory Accountability Act); amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require new standards to issue new rules and mandating a review of existing regulations. H.R. 978 (Regulatory Improvement Act of 2017); establish an independent advisory committee to review certain regulations. S. 288 (Regulatory Predictability for Business Growth Act of 2017); requires notice and comment for certain interpretative rules. S. 579 (Early Participation in Regulations Act of 2017); requires agencies to publish an advance notice of proposed rule making for major rules. H.R. 2887 (No Regulation Without Representation Act of 2017); stipulates that a State may tax or regulate a persons activity in interstate commerce only when such person is physically present in the State during the period in which the tax or regulation is imposed. S. 119/H.R. 469 (Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017); establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. H.R. 1430 (HONEST Act); prohibits the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible. S. 378/H.R. 1033 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require 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. S. 328/H.R. 968 (Equal Justice Under Law Act of 2017); enforces the Sixth Amendment right to the assistance of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of the United States to provide declaratory and injunctive relief against systemic violations of such right. S. 333/S. 522/H.R. 732 (Stop Settlement Slush Funds Act of 2017); limits donations made pursuant to settlement agreements to which the United States is a party. H.R. 620 (ADA Education and Reform Act of 2017); 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. 1493 (ADA Lawsuit Clarification Act of 2017); amends the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action. H.R. 50 (Unfunded Mandates Information and Transparency Act of 2017); regulatory reform, restricting agency mandates. H.R 4423 (North Texas Water Supply Security Act of 2017)/ H.R. 5468 (Permitting Litigation Efficiency Act of 2018); regulatory reform targeting judicial review of the environmental review process. S.J.Res. 57 (providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to Indirect Auto Lending and Compliance with the Equal Credit Opportunity). H.R. 5954 (Anti-terrorism Clarification Act); amends existing law to make is easier to file civil cases against foriegn countries for their role in terrorist activities. H.R. 6730 (Injunctive Authority Clarification Act); eliminates the ability of federal district courts to grant universal injunctions. H.R. 3487 (Complete Diversity Jurisdiction); eliminates the current requirement for complete diversity of parties, and changes the rule to minimal diversity. H.R. 6754 (CIRCUIT Act); splits up the 9th Circuit Court of Appeals. H.R. 6755 (Judiciary ROOM Act); makes several changes to court structures and procedures. Report Language on Conference Report (H.R. 6157 Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act). Representative Bobby Scott Amendment to H.R. 6157 Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, to overturn executive order on Administrative Law Judges. Draft legislation on international evidence parity rules; more specifically the ability to obtain discovery of American companies in foriegn tribunals. General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence; Rule 23, MDLs, Rule 30(b)(6), social security appeals, residual hearsay exception. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. General lobbying with regard to settlement disclosures. General lobbying with respect to diversity jurisdiction and potential changes to the jurisdiction rules. General lobbying with regard to the emoluments clause. General lobbying with regard to regulatory reform. General lobbying with regard to injunctive relief. General lobbying related to federalizing the treatment of non-disclosure agreements. General lobbying with regard to intermediate care facility class actions. Lobbying with regard to federal judicial nominations generally, and with specific regard to the nomination of Judge Brett Kavanaugh to the Supreme Court of the United States. Lobbying with regard to federal executive agency nominations generally, and with specific regard to the nomination of Peter Feldmen to be Commissioner of the Consumer Product Safety Commission (CPSC) and with specific regard to the nomination of Diana Furchtgott-Roth to be Assistant Secretary of Transportation.

Client expense: $1,510,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), HOUSE OF REPRESENTATIVES, SENATE, Securities & Exchange Commission (SEC)

H.R. 985 (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. H.R. 2359 (FCRA Liability Harmonization Act); amends the civil liability requirements under the Fair Credit Reporting Act to include requirements relating to class actions. H.R. 725 (Innocent Party Protection Act); amends title 28, United States Code, to affect claims of fraudulent joinder. H.R. 720 (Lawsuit Abuse Reduction Act); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. H.R. 3487; amends section 1332 of title 28, United States Code, to provide that the requirement for diversity of citizenship jurisdiction is met if any one party to the case is diverse in citizenship from any one adverse party in the case. H.R. 2660 (APPEAL Act); provides exclusive original jurisdiction to the U.S. District Court for the District of Columbia for cases regarding an executive order, action, or memorandum. General lobbying with regard to federal judicial nominations. S. 951/H.R. 5 (Regulatory Accountability Act); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 21/H.R. 26 (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. 34/H.R. 21 (Midnight Rules Relief Act); amends chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for midnight rules. S. 56 (RED Tape Act of 2017); prohibits a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more such existing rules. S. 69 (Regulatory Responsibility for our Economy Act of 2017); sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. S. 584/H.R. 33 (Small Business Regulatory Flexibility Improvements Act); amends chapter 6 of the Regulatory Flexibility Act, to ensure complete analysis of potential impacts on small entities of rules. H.R. 74 (REVIEW Act of 2017); prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and the OIRA makes a determination as to whether the rule is a high-impact rule. H.R. 75 (ALERT Act of 2017); 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. 76 (Separation of Powers Restoration Act of 2017); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of: (1) constitutional and statutory provisions, and (2) rules made by agencies. H.R. 78 (SEC Regulatory Accountability Act); amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require new standards to issue new rules and mandating a review of existing regulations. H.R. 978 (Regulatory Improvement Act of 2017); establish an independent advisory committee to review certain regulations. S. 288 (Regulatory Predictability for Business Growth Act of 2017); requires notice and comment for certain interpretative rules. S. 579 (Early Participation in Regulations Act of 2017); requires agencies to publish an advance notice of proposed rule making for major rules. H.R. 2887 (No Regulation Without Representation Act of 2017); stipulates that a State may tax or regulate a persons activity in interstate commerce only when such person is physically present in the State during the period in which the tax or regulation is imposed. S. 119/H.R. 469 (Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017); establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. H.R. 1430 (HONEST Act); prohibits the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible. S. 378/H.R. 1033 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require 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. S. 328/H.R. 968 (Equal Justice Under Law Act of 2017); enforces the Sixth Amendment right to the assistance of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of the United States to provide declaratory and injunctive relief against systemic violations of such right. S. 333/S. 522/H.R. 732 (Stop Settlement Slush Funds Act of 2017); limits donations made pursuant to settlement agreements to which the United States is a party. H.R. 620 (ADA Education and Reform Act of 2017); 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. 1493 (ADA Lawsuit Clarification Act of 2017); amends the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action. H.R. 50 (Unfunded Mandates Information and Transparency Act of 2017); regulatory reform, restricting agency mandates. H.R 4423 (North Texas Water Supply Security Act of 2017)/ H.R. 5468 (Permitting Litigation Efficiency Act of 2018); regulatory reform targeting judicial review of the environmental review process. S.J.Res. 57 (providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to Indirect Auto Lending and Compliance with the Equal Credit Opportunity). H.R. 5954 (Anti-terrorism Clarification Act); amends existing law to make is easier to file civil cases against foriegn countries for their role in terrorist activities. Draft legislation on international evidence parity rules; more specifically the ability to obtain discovery of American companies in foriegn tribunals. General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence; Rule 23, MDLs, Rule 30(b)(6), social security appeals, Residual hearsay exception. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. General lobbying with regard to settlement disclosures. General lobbying with respect to diversity jurisdiction and potential changes to the jurisdiction rules. General lobbying with regard to the emoluments clause. General lobbying with regard to nominations to executive agencies. General lobbying with regard to regulatory reform. General lobbying with regard to injunctive relief. General lobbying related to federalizing the treatment of non-disclosure agreements. General lobbying with regard to intermediate care facility class actions.

Client expense: $1,430,000 · Firm income: Not reported

Government targets: Centers For Medicare and Medicaid Services (CMS), HOUSE OF REPRESENTATIVES, SENATE