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Generally, this exception has been read narrowly to protect an agency’s discretion in deciding not to prosecute or enforce. [read post]
18 Jun 2020, 7:56 am by Jonathan H. Adler
According to Roberts, Acting DHS Secretary Duke was bound by the Attorney General's conclusion that DACA was unlawful, but was nonetheless obligated to consider various approaches to DACA's purported illegality and whether ending DACA would disturb settled expectations. [read post]
17 Jun 2020, 3:48 pm by Jack Goldsmith, Marty Lederman
The first NDA, Standard Form 312, contains obligations Bolton assumed as a condition of obtaining access to classified information generally, that is, a “security clearance. [read post]
17 Jun 2020, 11:28 am by Brett Holubeck
Refusal to Perform An Illegal Act A Texas Supreme Court case called Sabine Pilot Service, Inc. v. [read post]
16 Jun 2020, 2:18 pm by Kevin LaCroix
  Judge Anderson’s decision hinges on whether Mandiant’s work was merely general consulting services and directed by Capital One (and thereby not protected by the work product doctrine) or was instead in anticipation of litigation and directed by counsel (and thereby considered attorney-client work product). [read post]
15 Jun 2020, 10:17 am by Guest Author for TradeSecretsLaw.com
  You may have previously read Seyfarth Shaw’s excellent analysis of Lex Machina’s Trade Secret Litigation Report. [read post]
12 Jun 2020, 4:14 pm by Benjamin Wittes
The presumption of regularity applies to everything that the attorney general has done. [read post]
11 Jun 2020, 11:14 am by Colter Paulson
  But some defendants had already petitioned for rehearing en banc and other amicus parties (including ten state Attorneys-General and a homeschooling association) also asked for the decision to be taken en banc and overruled. [read post]