CIRCUIT Act of 2018

Legislation H.R. 469/S. 119 - Sunshine for Regulatory Decrees and Settlements Act of 2017 H.R. 10 - Financial CHOICE Act of 2017 H.R. 725 - The Innocent Party Protection Act H.R. 720/S. 237 - Lawsuit Abuse Reduction Act of 2017 H.R. 26/S. 21 - Regulations from the Executive in Need of Scrutiny Act of 2017 H.R. 985 - Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017 H.R. 906 - Furthering Asbestos Claim Transparency Act of 2017 H.R. 953 - Reducing Regulatory Burdens Act of 2017 H.R 725 - Innocent Party Protection Act H.R. 1215 - Protecting Access to Care Act of 2017 H.R. 1704 - ACCESS Act of 2017 H.R. 1179 - Discouraging Frivolous Lawsuits Act H.R 1004 - Regulatory Integrity Act of 2017 HR 1009 - OIRA Insight, Reform, and Accountability Act H.R. 5 - Regulatory Accountability Act of 2017 H.R. 21/S. 34 - Midnight Rules Relief Act of 2017 H.R. 998 - Searching for and Cutting Regulations that are Unnecessarily Burdensome (SCRUB) Act H.R. 1430 - Honest and Open New EPA Science Treatment (HONEST) Act of 2017 H.R. 1 - Tax Cuts and Jobs Act (115th Congress, 2017-2018), Public law no. 115-97 HR 3117 - Transparency and Honesty in Energy Regulations Act of 2017 HR 732/ S. 333 - Stop Settlement Slush Funds Act of 2017 H.J. Res. 111/S.J. Res. 47 - CFPB Arbitration Rule CRA H.R. 2359 - FCRA Liability Harmonization Act H.R. 3141 - Taxpayer Transparency Act of 2017 H.R. 2233 - American Jobs First Act of 2017 H.R. 2437/ S. 1134 - Back the Blue Act H.R. 620 - the ADA Education and Reform Act of 2017 H.R. 4396 - the ME TOO Congress Act H.R. 4423 - N. Texas Water Supply Security Act H.R. 4809 - Guidance Out of Darkness (GOOD) Act H.R. 5468 - Permitting Litigation Efficiency Act of 2018 H.R. 6754 - CIRCUIT Act of 2018 S. 1609 - Energy and Water Development and Related Agencies Appropriations Act, 2018 S. 584 - Small Business Regulatory Flexibility Improvements Act S. 580 - Truth in Regulations Act of 2017 S. 579 - Early Participation in Regulations Act of 2017 S. 578 - Better Evaluation of Science and Technology (BEST) Act S. 577 - Providing Accountability through Transparency Act of 2017 S. 951 - Regulatory Accountability Act of 2017 S. 1615 - Dream Act of 2017 S. 2014 - Prove it Act of 2017 S. 565 - Judgment Fund Transparency Act S. 386 - Judgment Fund Transparency and Terrorism Financing Prevention Act of 2017 S. 276 - Judicial Administration and Improvement Act of 2017 Rulemakings EO 13781 - Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch, 82 FR 13959 (March 13, 2017) EO 13777 - Enforcing the Regulatory Reform Agenda, 82 FR 12285 (March 1, 2017) EO 13783 - Presidential Executive Order on Promoting Energy Independence and Economic Growth, 82 FR 16093 (March 28, 2017) Environmental Protection Agency, Environmental Justice Action Agenda 2016-2020 (EJ 2020) Environmental Protection Agency, Evaluation of Existing Regulations, 82 Fed. Reg. 17,793 (Apr. 13, 2017) (Docket ID EPA-HQ-OA-2017-0190). Centers for Medicare & Medicaid Services (CMS), Health and Human Services, Proposed Changes to Strip Legal Rights from Vulnerable Residents in Long-Term Care Facilities, CMS-3342-P, 82 FR 26649, (June 8, 2017) Nominations Jeffrey Clark for Assistant Attorney General, Department of Justice Mike Pompeo for Secretary of State Andrew Oldham for United States Court of Appeals for the Fifth Circuit Damien Schiff for United States Court of Federal Claims Andrew Brasher for United States Court for the Middle District of Alabama Patrick Wyrick for United States District Judge for the Western District of Oklahoma Brett Kavanaugh for United States Supreme Court Jonathan Kobes for United States Court of Appeals for the Eight Circuit William Barr for U.S. Attorney General, Department of Justice Thomas Farr for United States District Judge for the Eastern District of NC Eric Miller for United States Court of Appeals for the Ninth Circuit

Client expense: $77,132 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Bureau of Land Management (BLM), Centers For Medicare and Medicaid Services (CMS), Consumer Product Safety Commission (CPSC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Interior, Dept of (DOI), Natl Oceanic & Atmospheric Administration (NOAA), SENATE, Transportation, Dept of (DOT), U.S. Fish & Wildlife Service (USFWS)

S. 3387, to restore Administrative Law Judges to competitive Service H.R. 6755, the Judiciary ROOM Act, providing for new judgeships, and addressing cameras in the courts, judicial conduct, recusal, medical exams fort all judges, and the electronic court document system H.R. 3487, to provide that 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. 6714, the Electronic Records Court Reform Act H.R. 6730, the Injunctive Authority Clarification Act of 2018 S.237, H.R. 720, Lawsuit Abuse Reduction Act H.R. 985, Fairness in Class Action Litigation S.295, Circuit Court of Appeals Restructuring and Modernization Act S.276, Judicial Administration and Improvement Act of 2017 H.R. 250, Judicial Administration and Improvement Act of 2016 H.R.196, Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2017 H.R. 6754, the CIRCUIT Act of 2018 General advocacy on filling of judicial vacancies Draft legislation expanding public access to materials that has been incorporated by reference into proposed or final federal agency regulations Draft legislation amending 28 U.S.C. 1500 to clarify the respective jurisdiction of the U.S. Court of Federal Claims and the U.S. District Court and allowing plaintiffs with claims against the U.S. government to bring simultaneous claims in both courts, with a presumptive stay of the first-filed action S.1894, a bill to exempt Puerto Rico from the coastwise laws of the United States

Client expense: $190,000 · Firm income: Not reported

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.

Federal courts and judicial nominees; U.S. Supreme Court Vacancy (Retirement of Associate Justice Anthony Kennedy); Nomination of Brett Kavanaugh to the U.S. Supreme Court; Nomination of David Porter to the Third Circuit Court of Appeals; Nomination of Britt Grant to the Eleventh Circuit Court of Appeals; Nomination of Ryan Bounds to the Ninth Circuit Court of Appeals; Nomination of Andrew Oldham to the Fifth Circuit Court of Appeals; Nomination of Jonathan Kobes to the Eighth Circuit Court of Appeals; Nomination of Chad Readler to the Sixth Circuit Court of Appeals; Nomination of Eric Murphy to the Sixth Circuit Court of Appeals; Nomination of Rossie Alston to the U.S. District Court for the Eastern District of Virginia; Nomination of Kenneth Bell to the U.S. District Court for the Western District of North Carolina; Nomination of Carl Nichols to the U.S. District Court for the U.S. District Court for the District of Columbia; Nomination of Stephen Clark to the U.S. District Court for the Eastern District of Missouri; Nomination of John OConnor to the U.S. District Courts for the Eastern, Northern, and Western Districts of Oklahoma; H.R.6755, the Judiciary ROOM Act; H.R.3487, regarding diversity jurisdiction in the federal courts; H.R.6754, the CIRCUIT Act; H.R.6730, the Injunctive Authority Clarification Act of 2017.

Client expense: $30,000 · Firm income: Not reported

Support the reauthorization of Byrne JAG grants Oppose the Department of Justices request for a new citizenship question on the 2020 Census Support full funding of critical juvenile justice and delinquency prevention programs in fiscal year 2019 Support proposals to build trust between law enforcement and the communities they serve. Support initiatives to standardize use of force policies for law enforcement. support ending racial and religious profiling. Support H.R. 1498 / S. 411 Support initiatives to study and eventually eliminate prosecutorial misconduct / bias. support the establishment of local effective and independent review boards of alleged law enforcement misconduct. Support requiring video surveillance of all law enforcement activities Support genuine sentencing reform to alleviate prison overcrowding, over-incarceration, and the overrepresentation of racial and ethnic minorities who are in prison. Support HR 4261 Support a commission to review all aspects of our national criminal justice system. Support H.R. 1886 / S.573 Support ending the ban on CDC Gun Research Support requiring universal background checks on all gun sales and transfers support a ban on the sale of all military-style semi-automatic assault guns and military high capacity ammunition clips (support HR 5078 / S. 2095 and S. 1945 Support tough new criminal penalties for straw purchasers and gun traffickers Support a ban on suspects on the terror watch list from purchasing firearms Support the Fix NICS Act (H.R. 4434 / S. 2135). Incentivize and assist states in improving their overall reporting to the National Instant Criminal Background Check System (NICS) Support sensitivity training of law enforcement & independent investigations of deadly force (HR 1870 / S 860)Support maintaining current law requiring background checks and permits for gun silencers. Support a ban on bump stocks machine-gun type firing and other conversion kits, accessories and parts Support allowing states to maintain and enforce their own concealed carry laws Support requiring the repeal of all state stand your ground laws, restoring the use of deadly force as a last resort Support microstamping or ballistic fingerprinting of all new firearms and ammunition sold in the U.S. support encouraging local jurisdictions to utilize their buyer power to create incentives for firearm manufacturers to employ countermarketing strategies to ensure that their retailers are using all available procedures to prevent illegal firearms diversion Support an abolishment of the death penalty Support the Second Chance Act reauthorization (HR 2899) Support the reauthorization and updating of the Juvenile Justice Delinquency Prevention Act(support HR 1809 / S 860 Support the reform of money bail (HR 4019 / S 1593) Support incentivizing states and local jurisdictions to fully and accurately report hate crimes (HR 1566 / S. 667) Support the removal of statues of Confederate soldiers from the U.S. Capital (support HR 3701 / S 1772) Support encouraqing states to decrease prison populations and keep crime down (support HR 3845 / S 1458) Support the Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society (CLASSICS) Act (H.R. 3301/S. 2393), bipartisan and which ensures legacy musicians are compensated when their work is played on digital radio platforms. Oppose the nomination of Thomas Farr to the Federal Court for the Eastern District of North Carolina Oppose the policy of separating parents from children apprehended at the U.S. border Oppose the nomination of Andrew Oldham to the U.S. Court of Appeals for the Fifth Circuit Support DoJ leaders publicly recognizing and condemning the serious pattern of violence against transgender people in Jacksonville and the national problem it represents; we urge the Department to investigate these three killings as possible hate crimes and/or serial crimes, and offer all possible assistance to local authorities; we urge the Departments Community Relations Service to engage with local community members and officials to help them work together on these cases and address community concerns; and, we urge the Community Relations Service to support local community groups in providing appropriate training for local law enforcement on with respect to working with transgender people, and in improving relevant policies and procedures Oppose the use of risk assessment instruments in pretrial decision-making and establishing a set of principles for mitigating the harm that these tools may be causing in communities where they are already employed Oppose the nomination of Brett Kavanaugh to the US Supreme Court Oppose HR 6691, the Community Safety and Security Act as it recklessly pushes forward a definition of a crime of violence for political purposes. Oppose the continued delay by the US Department of Justice in meeting its obligation to enforce the Death in Custody Reporting Act of 2013 (DCRA). Support the mandatory collection of data on police-involved deaths. Support the DOJ going forth with the December 2016 compliance guidelines. Support requiring States to Proactively Report All In-Custody Deaths to DOJ. Support all States adopting Compliance Plans; support penalties for non-compliant states. Support the establishment of Clear Parameters that Define What is Reportable Under DCRA. Support the establishment of Guidelines for the Collection of Information on Decedents Disability Support S. 3435, Beyond the Box for Higher Education Act. The bill would provide guidance, training, and technical assistance for colleges and universities to remove criminal history questions from their admissions processes. Support the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act, which will ensure access to resources necessary to meet the unique needs of pregnant women; will ensure that the Bureau of Prisons captures accurate data on the health care needs of pregnant inmates; and will prohibit, in most circumstances, the use of restraints on pregnant and postpartum inmates. In addition to providing incentives to states who meet these needs Oppose H.R. 3487, which radically changes the law of diversity jurisdiction--the standard governing when a federal court may hear a case-from complete diversity to minimal diversity. Oppose H.R. 6730, Injunctive Authority Clarification Act of 2018, which would prevent national injunctions in most cases. Oppose H.R. 6754, Court Imbalance Restructure Concerning Updates to Impacted Tribunals Act of 2018 or the CIRCUIT Act of 2018, which would completely restructure the Court of Appeals for the Ninth Circuit. Oppose H.R. 6755, the Judiciary Reforms, Organization and Operational Modernization Act of 2018 or the Judiciary ROOM Act of 2018, which contains a vast number of changes to federal court structure and procedures, from medical examinations and codes of conduct for judges, to internet streaming and television broadcasts Support S. 2520 the Inmate Calling Technical Correction Act which reduces the exorbitant rates for telephone calls from prisons Oppose Brett Kavanaugh's Supreme Court nomination based on his record on consumer protection issues Oppose a provision in the House opioid bill requiring HHS to produce a report every 6 months, explaining why it has not produced the hair testing standard mandated in the FAST Act. Support legislation banning forced arbitration (individual, class and collective) in the employment context. Support H.R. 6086 / S. 3178, the Justice for Victims of Lynching Act, which would make lynching a hate crime. Support S. 3195, the Law Enforcement Trust and Integrity Act, which provides incentives for local police organizations to adopt performance-based standards to ensure that incidents of misconduct will be minimized through appropriate management, training and oversight protocols and that if such incidents do occur, that they are properly investigated Support H.R. 5075, the Ashanti Alert Act which is based on the popular and effective Amber Alert system, would, at the discretion of local law enforcement officials, be utilized to assist local and regional efforts to find missing adults, individuals between the ages of 19 and 65. Oppose Eric Dreibands nomination to serve as the next Assistant Attorney General for Civil Rights Oppose the nomination of the current State Solicitor General of Ohio, Eric Murphy, to a lifetime appointment on the Sixth Circuit Court of Appeals. Oppose the nomination of Chad Readler of Ohio to a lifetime appointment on the Sixth Circuit Court of Appeals. Oppose State Senator Mark Norris to be a U.S. District Judge for the Western District of Tennessee Support H.R. 6555, legislation to reauthorize and strengthen the Violence Against Women Act of 1994 (VAWA