Month: July 2023

Lisa Wang – Nominee to the U.S. Court of International Trade

Less than two years ago, Lisa Wang was unanimously confirmed by the U.S. Senate for a position in the U.S. Department of Commerce. Wang is now up for a seat on the U.S. Court of International Trade.

Background

Lisa Wang received a B.S. from Cornell University in 2002 and her J.D. from the Georgetown University Law Center in 2006. After graduating, Wang joined Dewey and LeBoeuf as an Associate. In 2009, under the Obama Administration, Wang became the Senior Import Administration Officer for the U.S. Embassy in Beijing. In 2012, she shifted to the Office of the U.S. Trade Representative as Assistant General Counsel.

In 2014, Wang joined the Office of the Chief Counsel for Trade Enforcement and Compliance in the Commerce Department and in 2016, became a Partner at Picard, Kentz & Rowe LLP. In 2021, Wang was unanimously confirmed by the U.S. Senate to be Assistant Secretary of Commerce for Enforcement and Compliance. She currently holds that role.

History of the Seat

Wang has been nominated for a seat vacated by Judge Leo Gordon, an appointee of President George W. Bush, on March 22, 2019. Late in the Trump Administration, he nominated Joseph L. Barloon to fill this seat. However, the Senate did not act on Barloon’s nomination and the seat remained vacant.

Legal Experience

Wang started her legal career at the firm of Dewey & LeBoeuf, where she litigated before the U.S. Court of International Trade and the Federal Circuit as well as handling administrative litigation before the U.S. Department of Commerce.

After a subsequent stint in Beijing, Wang worked for the Office of the U.S. Trade Representative, where she litigated against the People’s Republic of China in trade disputes before the U.S. Court of International Trade. China Manufacturers Alliance, LLC, et al v. United States, 1:15-cv-00124-TCS (Ct. Int’l Trade 2015). In 2014, Wang moved to the Department of Commerce, where she again handled matters before the U.S. Court of International Trade and the Federal Circuit, as well as providing enforcement guidance in duty laws.

In 2016, Wang returned to private practice to work at Pickard, Kentz and Rowe LLP, where she advised various commercial industries on navigating trade issues, including the softwood lumber, shrimping, and stainless-steel keg manufacturing industries. Notably, Wang served as chief counsel for the United States Lumber Coalition in administration litigation before the U.S. Department of Commerce. See Certain Softwood Lumber Imports from Canada: Countervailing Duty and Antidumping Duty Proceedings, C-122-858 and A-122-857 (Dep’t Comm. 2016-2021).

In her current role at the Department of Commerce, Wang doesn’t litigate but instead works on antidumping and countervailing duty laws, and their interaction with the U.S. ‘s trade agreements.

Overall Assessment

Wang has spent virtually her entire career developing expertise in the field of International Law. Her background makes her a strong fit for the specialized docket of the Court of International Trade, and she will likely see a smooth confirmation.

42 CommentsLeave a comment

Judge Karoline Mehalchick – Nominee to the U.S. District Court for the Middle District of Pennsylvania

President Biden has nominated fellow Scranton native Karoline Mehalchick, a federal magistrate judge, to a vacancy on the U.S. District Court for the Middle District of Pennsylvania.

Background

Born in 1976 in Scranton, Pennsylvania, Karoline Mehalchick received a B.Sc. from Pennsylvania State University in 1998 and a J.D. from Tulane Law School in 2001.

After graduating, Mehalchick clerked for Judge Trish Corbett with the Lackawanna County Court of Common Pleas and then joined Oliver, Price & Rhodes as an Associate, becoming Partner in 2008. In 2013, Mehalchick was appointed to be a federal magistrate judge, where she currently serves.

History of the Seat

The seat Mehalchick has been nominated for opened on August 1, 2021 with the move to senior status of Judge John Jones.

Legal Experience

Between 2002 and 2013, Mehalchick worked at the firm of Oliver, Price & Rhodes in Lackawanna County, frequently representing municipalities in defending against various suits. See, e.g., Smith v. Borough of Dunmore, 633 F.3d 176 (3d Cir. 2011). Among her notable cases, Mehalchick represented the Diocese of Scranton in defending against suits brought by individuals alleging sexual abuse from ordained clergy in the diocese. See Doe v. Liberatore, 478 F. Supp. 2d 742 (M.D. Pa. 2007). Mehalchick has also represented private parties, including in an unfair competition suit brought in federal court. See Bobrick Corp. v. Santana Prods. Inc., 698 F.Supp.2d 479 (M.D. Pa. 2010).

On the plaintiff’s side, Mehalchick represented plaintiffs in a suit denying them a permit to place an outdoor sign on Interstate 81. See Joyce Outdoor v. Dep’t of Transp., 49 A.3d 518 (Comm. Ct. Pa. 2012).

Mehalchick also argued cases before the Third Circuit, including a defense of the Borough of Dunmore against a 1983 suit brought by a full-time firefighter. See Dee v. Borough of Dunmore, 549 F.3d 225 (3d Cir. 2008).

Judicial Experience

Since 2013, Mehalchick has served as a federal magistrate judge on the U.S. District Court for the Middle District of Pennsylvania. In this role, Mehalchick handles bond and release decisions, administrative law cases, discovery disputes, settlement, as well as reports and recommendations on substantive motions. See, e.g., Luciano-Jimenez v. Doll, 547 F. Supp. 3d 462 (M.D. Pa. 2021) (Mannion, J.) (accepting Judge Mehalchick’s recommendation ordering a prisoner released with conditions).

A number of Mehalchick’s rulings and opinions have been appealed to the Third Circuit, which has largely affirmed the rulings. See, e.g., Talley v. Wetzel, 15 F.4th 275 (3d Cir. 2021) (affirming district court order allowing prisoner to proceed in forma pauperis). In one notable opinion, Mehalchick ruled, on an issue of first impression, that incentive bonuses by third parties need to be included by employers when calculating the overtime rate. See Secretary United States Department of Labor v. Bristol Excavating Co., 935 F.3d 122 (3d Cir. 2019). The Third Circuit affirmed in part and reversed in part, finding that all incentive bonuses do not necessarily need to be considered when calculating overtime and that the record did not support the conclusion that the overtime bonuses in this case should be considered. See id. at 128.

Among other cases where Mehalchick’s opinion has been reversed, two Third Circuit panel reversed her grant of summary judgment against prisoner suits for lack of exhaustion. See Downey v. Pennsylvania Dep’t of Corr., 968 F.3d 299 (3d Cir. 2020); Hardy v. Shaikh, 959 F.3d 578 (3d Cir. 2020).

Political Activity

Mehalchick’s sole donation of record is to former Scranton mayor Christopher Doherty, a Democrat.

Overall Assessment

With experience in private practice and a decade as a magistrate judge, Mehalchick has racked up a significant legal record for her relatively young age. Given her relatively mainstream record, Mehalchick should see a comfortable confirmation.

44 CommentsLeave a comment

Judge Jennifer L. Hall – Nominee to the U.S. District Court for the District of Delaware

U.S. Magistrate Judge Jennifer Hall has extensive experience litigating in Delaware federal court and is now poised to join it with a lifetime appointment.

Background

Jennifer L. Hall received a B.S. from the University of Minnesota in 1997, her M. Phil. from Yale University in 2000, her Ph.D. from Yale University in 2003, and her J.D. from the University of Pennsylvania School of Law in 2006. After graduating, Hall clerked for Judge Sharon Prost on the U.S. Court of Appeals for the Federal Circuit and then for Judge Kent Jordan on the U.S. Court of Appeals for the Third Circuit.

Hall subsequently joined Fish & Richardson, where she spent three years as an Associate before becoming a federal prosecutor in Delaware. She subsequently became Chief of the Civil Division of the U.S. Attorney’s Office in 2015.

In 2019, Hall became a U.S. Magistrate Judge on the U.S. District Court for the District of Delaware, where she currently serves.

History of the Seat

Hall has been nominated for a vacancy that will open by Judge Richard Andrews’ move to senior status on December 31, 2023.

Legal Experience

After her clerkships, Hall started her legal career at the firm of Fish & Richardson where she represented plaintiffs in a patent infringement suit over a generic version of the pain drug Amrix, which concluded in a bench trial before Judge Sue L. Robinson. See In re Cyclobenzaprine Hydrochloride, 794 F. Supp. 2d 517 (D. Del. 2011).

From 2011 to 2019, Hall worked as an AUSA in Delaware, handling both affirmative civil cases (brought by the government) and defensive ones. Compare United States v. Energy Solutions, Inc., 265 F. Supp. 3d 415 (D. Del. 2017) with LKQ Corp. v. U.S. Dep’t of Homeland Security, 369 F. Supp. 3d 577 (D. Del. 2019). Among her larger cases, Hall was lead counsel in challenging the acquisition of Andrews County Holding, Inc. by the defendants, arguing that the acquisition would significantly affect competition for disposal of low-level radioactive waste. United States v. Energy Solutions, Inc., 265 F. Supp. 3d 415 (D. Del. 2017). In 2017, U.S. District Judge Sue Robinson enjoined the merger as a violation of the Clayton Act. See id. at 446.

Hall also handled some criminal cases, including arguing appeals before the Third Circuit. See, e.g., United States v. Boney, 769 F.3d 153 (3d Cir. 2014).

Judicial Experience

Since 2019, Hall has served as a U.S. Magistrate Judge, presiding over discovery issues, pretrial release, administrative cases, and cases with the consent of the parties.

Among her notable decisions, Hall conducted a bench trial in response to an Eighth Amendment claim brought by Christopher West, an incarcerated individual, who alleged that he was deprived of a mattress. See West v. Emig, C.A. No. 13-2103-JLH (D. Del. Oct. 24, 2022) (Memorandum Opinion). Hall made a factual finding that West had been deprived of a mattress for a period of one month, but noted that the deprivation was based on a legitimate penological interest, as West had developed a habit of ripping over mattresses and swallowing the filling. See id. As a conclusion, Hall found both that West had not established an Eighth Amendment violation and that the officers were entitled to qualified immunity. See id.

Among the reports and recommendations she authored, Hall recommended the denial of a motion to dismiss racial and religious discrimination claims brought by a black muslim firefighter, while recommending the granting of contractual discrimination and hostile work environment claims, noting that the complaint failed to allege facts supporting those claims. See Ferrell v. City of Wilmington, C.A. No. 21-1593-RGA (D. Del. Feb. 1, 2023).

Overall Assessment

Like fellow Delaware nominees Leonard Stark, Gregory Williams, and Tamika Montgomery-Reeves, Hall has an unimpeachable resume for her position and little in her background that should cause controversy. She should be confirmed well in advance of Andrews’ move to senior status.

88 CommentsLeave a comment

Brandy McMillion – Nominee to the U.S. District Court for the Eastern District of Michigan

Federal prosecutor Brandy McMillion is Biden’s fifth pick for the U.S. District Court for the Eastern District of Michigan.

Background

Brandy R. McMillion received a B.S.E. from the University of Michigan in 2001, her M.S.E. from the same university the following year, and her J.D. from the George Washington University Law School in 2006.

After graduation, McMillion spent a year as an associate at Pepper Hamilton L.L.P. before joining the liberal law firm Perkins Coie L.L.P. In 2012, McMillion became a senior litigation associate at Bryan Cave L.L.P. In 2015, McMillion became a federal prosecutor with the U.S. Attorney’s Office for the Eastern District of Michigan, where she currently serves as chief of the General Crimes Unit.

History of the Seat

McMillion has been nominated for a seat on the U.S. District Court for the Eastern District of Michigan. This seat opened on August 13, 2022, when Judge Gershwin Drain took senior status.

Legal Career

McMillion spent the first half of her career working in civil litigation at the firms of Pepper Hamilton, Perkins Coie, and Bryan Cave. Among the matters she handled during this time, McMillion worked on intellectual property cases, including appellate work. See, e.g., iLight Technologies, Inc. v. Fallon Luminous Products Corp., No. 2009-1342 (Fed. Cir. Apr. 20, 2010). Notably, McMillion represented Redbox Automated Retail, who was one of several defendants in a patent infringement lawsuit brought over a patent for a client-server communication applet. See Parallel Networks LLC v. Abercrombie & Fitch Co. et al., 704 F.3d 958 (Fed. Cir. 2013).

Since 2015, McMillion has worked as a federal prosecutor, where her role included prosecuting narcotics offenses. See, e,g., United States v. Vasquez, Crim. Case No. 18-20284 (E.D. Mich. Nov. 13, 2018). Notably, McMillion worked on the prosecution of Dr. Rajendra Bothra who was acquitted in 2022 of 40 counts related to an alleged $500 million health care fraud scheme. See Melissa Nann Burke, Biden Taps Prosecutor McMillion for Federal Bench in Michigan, Detroit News, June 28, 2023, https://www.detroitnews.com/story/news/local/michigan/2023/06/28/biden-taps-prosecutor-mcmillion-for-federal-bench-in-michigan/70363298007/. Bothra’s acquittal came as the result of a successful defense strategy to defend Bothra’s work, characterized by the prosecution as a “pill-mill” as legitimate pain intervention. See Tresa Baldas, How 4 Doctors Beat the Feds in Botched $500 Million Pill Mill Case, Detroit Free Press, June 30, 2022, https://www.freep.com/story/news/local/michigan/macomb/2022/06/30/doctors-opioid-scheme-birmingham-bothra/7778004001/.

Political Activity

In 2009, McMillion made a single donation to Democratic senate candidate Alexi Giannoulias, her only partisan donation of record.

Overall Assessment

With extensive experience in litigation on both the civil and criminal side, McMillion should enter the federal bench ready to address the legal issues before her. With a paucity of controversial writings or advocacy behind her, McMillion may nonetheless face scrutiny for her prosecution of Bothra, particularly as the latter was a politically connected Republican. However, McMillion can note that Bothra was indicted under the Trump Administration as a defense to any political element to the prosecution.

37 CommentsLeave a comment

Margaret Garnett – Nominee to the U.S. District Court for the Southern District of New York

S.D.N.Y. federal prosecutor Margaret Garnett has worked on a number of prominent cases throughout her career, including one described as the largest criminal tax case in U.S. history. Garnett has now been nominated for the federal bench.

Background

Margaret Garnett received her B.A. from the University of Notre Dame in 1992, an M.A. from Yale University in 1995, and a M. Phil. from Yale University in 1997, before getting a J.D. in 2000 from Columbia Law School. After law school, Garnett joined Wachtell, Lipton, Rosen & Katz as an associate. In 2004, she left to clerk for Judge Gerald Lynch on the U.S. District Court for the Southern District of New York (Lynch was later elevated to the Second Circuit). After her clerkship, Garnett joined the U.S. Attorney’s Office for the Southern District of New York, where she rose to be Chief of Appeals. In 2017, she left to join the New York Attorney General’s Office and subsequently joined the New York City Department of Investigation.

In 2021, Garnett rejoined the U.S. Attorney’s Office for the Southern District of New York, serving initially as deputy U.S. Attorney and then as Special Counsel to the U.S. Attorney since 2023.

History of the Seat

Garnett has been nominated to the vacancy on the U.S. District Court for the Southern District of New York vacated on April 21, 2023 by Judge Vincent Bricetti’s move to senior status.

Legal Career

Garnett started her career as an associate at Wachtell, Lipton, Rosen & Katz, and then as a clerk before becoming a federal prosecutor in New York, where she has spent the vast majority of her career. In her first stint with the U.S. Attorney’s Office, Garnett notably prosecuted “the largest criminal tax case” in American history, covering multiple partners and employees at KPMG, who were indicted with conspiracy and tax evasion. See U.S. v. Stein, 452 F. Supp. 2d 230 (S.D.N.Y. 2006). Garnett also argued before the U.S. Court of Appeals for the Second Circuit. See, e.g., United States v. Gagliardi, 506 F.3d 140 (2d Cir. 2007).

In 2017, Garnett left to join the New York Attorney General’s Office and then joined the New York City Department of Investigation. In this role, Garnett was sued by groups challenging the state’s eviction moratorium during the Covid-19 pandemic. See Chrysafis v. Marks, 15 F.4th 208 (2d Cir. 2021).

Writings

During her time with the New York City Department of Investigation, Garnett notably authored a critical report of the New York Police Department’s response to the George Floyd protests, noting that the response “lacked a clearly defined strategy” and that officers lacked training to respond. The 115 page report (available here) detailed multiple officer and civilian injuries, and issues with the response, and recommended that a civilian independent board exercise oversight over the police department, noting that none of the three oversight agencies currently overseeing the NYPD have the ability to bind the department on specific allegations of misconduct.

Overall Assessment

Garnett has a powerful champion in her corner for confirmation in Senate Majority Leader Chuck Schumer. However, while her prosecution-heavy experience is generally less “controversial” in the confirmation process, Garnett may nonetheless draw attention for her critical report of the NYPD and its role in the 2020 protests. It will be interesting to see, how much attention, if any, her writings on that front draw in the confirmation process.

111 CommentsLeave a comment