2/6. President Obama nominated William Baer to be Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division. See, White House news office release and release.

Sharis Pozen is the acting AAG in charge of the Antitrust Division. The previous AAG was Christine Varney. See, story titled "Varney to Leave Antitrust Division" in TLJ Daily E-Mail Alert No. 2,255, July 11, 2011.

Baer has been an attorney in the Washington DC office of the law firm of Arnold & Porter since 1980, with the exception of 1995 through 1999. He is now chairman of its antitrust practice group.

He has represented Cisco Systems and Micron Technology. He also represented Intel in connection with its acquisition of McAfee. See, story titled "Intel to Acquire McAfee" in TLJ Daily E-Mail Alert No. 2,127, August 27, 2010.

During the Clinton administration he was head of the Federal Trade Commission's (FTC) Bureau of Competition (BOC), the antitrust arm of the FTC. He served under former FTC Chairman Robert Pitofsky.

While working at the FTC, Baer oversaw the FTC's review of numerous transaction, including Staples and Office Depot, and Time Warner and Turner Broadcasting System.

Baer was also head of the BOC when it filed a complaint against Intel charging it with violation of antitrust law. See, TLJ summary of that action, and TLJ stories:

• FTC Brings Administrative Action Against Intel, 6/9/98.
• FTC Denies Intel Motion for More Definite Statement, 6/30/98.
• Intel Answers FTC Antitrust Complaint, 7/14/98.
• FTC Wants to Change Antitrust Law for High Tech, 11/15/98.
• Administrative Hearing in Intel Case Set, 12/9/98.
• Pitofsky Address Antitrust Law and High-Tech, 3/2/99.
• FTC and Intel Reach Tentative Settlement, 3/8/99.

And recently, Baer represented Intel in connection with the FTC's 2009 action against Intel. See, stories titled "FTC Files Antitrust Charges Against Intel by Administrative Complaint Under FTC Act" and "Commentary: FTC Antitrust Procedure" in TLJ Daily E-Mail Alert No. 2,204, December 17, 2009. See also, stories titled "FTC and Intel Settle Antitrust Claims", "Reaction to the FTC Intel Settlement", and "Commentary on Antitrust Processes" in TLJ Daily E-Mail Alert No. 2,018, August 4, 2010.

See also, speeches delivered by Baer while at the FTC.

• Antitrust Enforcement and High Technology Markets, before the American Bar Association, Sections of Business Law, Litigation, and Tort and Insurance Practice, San Francisco, California, November 12, 1998.
• Report from the Bureau of Competition, before the American Bar Association, Antitrust Section Spring Meeting 1998, Federal Trade Commission Committee, Washington, D.C., April 2, 1998.
• New Myths and Old Realities: Perspectives on Recent Developments in Antitrust Enforcement, before the Bar Association of the City of New York, New York, N.Y., November 17, 1997.
• Report from the Bureau of Competition, before the American Bar Association, Antitrust Section, Spring Meeting 1997, FTC and Clayton Act Committees, Washington, D.C., April 9-10, 1997.
• Reflections on 20 Years of Merger Enforcement under the Hart-Scott-Rodino Act, before The Conference Board, Washington, D.C., October 29, 1996 and before The 35th Annual Corporate Counsel Institute, Northwestern University School of Law, Corporate Law Center, San Francisco, CA, October 31, 1996.
• The Dollar and Sense of Antitrust Enforcement, before the Antitrust Section of the New York State Bar Association, New York, New York, January 25, 1996.
• Report from the Bureau of Competition: Looking Back and Going Forward before the 44th Annual Antitrust Spring Meeting, Federal Trade Commission Committee, Washington, D.C., March 28, 1996.
• A Report on Recent Antitrust Developments at the Federal Trade Commission, before the American Bar Association's Antitrust Law Section, Chicago, Illinois, August 9, 1995.

2/2. The Senate Judiciary Committee (SJC) approved the nomination of Paul Watford to be a Judge of the U.S. Court of Appeals (9thCir) by a vote of 10-6-2, in a party line vote.

Watford has represented clients in appellate proceedings in many significant technology related cases. For example, he represented Rambus in patent and antitrust litigation, defended Verizon in phone bill cramming litigation, and represented Jeppesen DataPlan in a landmark state secrets privilege case.

However, opposition to his nomination is based primarily upon his court briefs, responses to the SJC, and speeches regarding state immigration statutes, the death penalty, and judicial consideration of foreign or international law.

Sen. Dianne Feinstein (D-CA) stated at the SJC executive business meeting on February 2 that Watford is a "consensus" nomination, and that the "9th circuit is in serious need of new judges".

Sen. Charles Grassley (R-IA), the ranking Republican on the SJC, was not present for the debate or vote on Watford. He voted no by proxy, and submitted a statement for the record.

Sen. Grassley reviewed Watford's record related to immigration and the death penalty. He also noted that Watford conceded that "he would give consideration to foreign or international law in interpreting the meaning of the Cruel and Unusual Punishments Clause".

Sen. Grassley, referring to his own statement last month regarding President Obama's "unconstitutional" recess appointments, added that "we're not operating under normal circumstances. The atmosphere the President has created with his disregard for Constitutional principles has made it difficult to give his nominees any benefit of the doubt. So I will oppose this nomination and ask my colleagues to do the same."

All Democratic members voted yes. The no votes were cast by Sen. Grassley, Sen. Orrin Hatch (R-UT), Sen. Jeff Sessions (R-AL), Sen. John Cornyn (R-TX), Sen. Mike Lee (R-UT), Sen. Tom Coburn (R-OK). The other two Republican members of the SJC voted present -- Sen. Jon Kyl (R-AZ) and Sen. Lindsey Graham (R-SC).

Watford is an appellate litigator in the Los Angeles office of the law firm of Munger Tolles & Olson. He has also clerked for 9th Circuit Judge Alex Kozinski and Supreme Court Justice Ruth Ginsburg, and worked for the law firm of Sidley Austin. See, Watford's SJC questionnaire with responses [34 pages in PDF].

He has represented clients in many technology related cases. For example, he represented Rambus in patent infringement actions, including Samsung Electronics v. Rambus, in the Federal Circuit. See, 2008 opinion.

He also represented Rambus in Rambus v. Infineon Technologies. Perhaps it is noteworthy that Judge Sharon Prost dissented from the Federal Circuit's 2003 opinion in that case. Before her appointment to the Court, she was a long time member of the SJC Republican staff.

Watford also represented Verizon in class action litigation regarding phone bill cramming, or unauthorized charges on consumers' phone bills. The case was Lewis v. Verizon Communications, Inc., in the 9th Circuit. For more on the topic of cramming, see story titled "Senate Commerce Committee Holds Hearing on Phone Bill Cramming" in TLJ Daily E-Mail Alert No. 2,258, July 14, 2011.

Watford also represented Jeppesen Dataplan in Mohammed v. Jeppesen DataPlan. This case pertained to rendition of persons to other countries, and foreign interrogation tactics. Watford's client, a subsidiary of Boeing, transported people to other countries.

The facts that gave rise to this case are not technology related. However, the key issue in the case, the reach of the state secrets privilege, does affect technology. The federal government, during both the Bush and Obama administrations, has aggressively asserted the privilege in litigation involving warrantless wiretaps.

For an analysis of the significance of assertion of the state secrets privilege for the protection of privacy and liberty interests in the context of information and communications technologies, see subsection titled "TLJ Analysis" in story titled "9th Circuit Rules in State Secrets Case" in TLJ Daily E-Mail Alert No. 1,933, April 29, 2009.

Watford also worked in an oil industry antitrust case of significance to technology -- Texaco Inc. v. Dagher. The Supreme Court's February 26, 2006, opinion [9 pages in PDF] is reported at 547 U.S. 1.

2/9. The Senate confirmed Cathy Ann Bencivengo to be a Judge of the U.S. District Court for the Southern District of California, which district includes San Diego. See Congressional Record, February 9, 2012, at Page S544.

2/7. Sen. Patrick Leahy (D-VT), the Chairman of the Senate Judiciary Committee (SJC), gave another of his periodic speeches in the Senate regarding the confirmation of President Obama's judicial nominees. He again complained that the pace is too slow, and blamed Republicans. He said that "Senate Republicans have been blocking votes on 18 of the President's judicial nominees since last year" and noted that "President Obama has not recess appointed a single judicial nominee". He added that Republicans are using the filibuster. The 18 nominees at issue include Jacqueline Nguyen (9th Circuit), Stephanie Thacker (4th Circuit), Adalberto Jordan (11th Circuit), Rudolph Contreras (USDC/DC), and Ronnie Abrams and Margo Brodie (USDC/SDNY). See, Congressional Record, February 7, 2012, at Pages S362-3.

2/2. President Obama nominated Stephanie Rose to be a Judge of the U.S. District Court for the Southern District of Iowa. See, White House news office release and release. Rose is a long time federal prosecutor, and the current U.S. Attorney for Northern District of Iowa.

2/2. President Obama nominated Michael Shea to be a Judge of the U.S. District Court for the District of Connecticut. See, White House news office release and release. This nomination is for the seat previously held by Judge Christopher Droney. President Obama nominated, and the Senate confirmed, Droney to be a Judge of the U.S. Court of Appeals (2ndCir). Shea is a partner in the Hartford, Connecticut, office of the law firm of Day Pitney.

2/2. The Federal Communications Commission (FCC) stated in a release that Joel Gurin, Chief of the FCC's Consumer and Governmental Affairs Bureau (CGAB), "will step down from his position as of February 17", and that Kris Monteith, who is currently a Deputy Chief in the FCC's Media Bureau, will be acting CGAB Bureau Chief.

2/2. Randy Mitchell, a Commissioner of the South Carolina Public Service Commission, was appointed to the Federal-State Joint Board on Universal Service. He takes the seat previously held by Larry Landis. See, FCC order.

1/19. The Federal Communications Commission (FCC) stated in a release that Paul de Sa, Chief of the FCC's Office of Strategic Planning and Policy Analysis, "will leave the Commission in February".

2/1. Mike Bloomquist was named General Counsel of the House Commerce Committee (HCC). He had previously been the Deputy General Counsel. He replace Jim Barnette. Rep. Fred Upton (R-MI), the HCC Chairman, praised Bloomquist in a release, and stated that "I'm sorry to see Jim leave the committee, but grateful that over his many years of service he left an indelible imprint of professionalism and good humor that continue to characterize our team".

1/27. Aneesh Chopra left employment at the Office of Management and Budget (OMB). His titles were "Assistant to the President" and "Chief Technology Officer". See, White House news office release. He is scheduled to speak at the Center for American Progress (CAP) in Washington DC on February 8, 2012, at 9:00 AM. See, CAP notice.

1/24. President Obama nominated Frank Kendall to be Under Secretary of Defense for Acquisition, Technology, and Logistics. See, White House news office release and release.

1/24. President Obama nominated Jerome Powell to be a member of the Board of Governors of the Federal Reserve System for the unexpired term of fourteen years from February 1, 2000. See, White House news office release. This nomination is for the seat previously held by Frederic Mishkin.

1/24. President Obama nominated Jeremy Stein to be a member of the Board of Governors of the Federal Reserve System for the unexpired term of fourteen years from February 1, 2004. See, White House news office release. This nomination is for the seat previously held by Kevin Warsh.

Tech Law Journal publishes a free access web site and a subscription e-mail alert. The basic rate for a subscription to the TLJ Daily E-Mail Alert is $250 per year for a single recipient. There are discounts for subscribers with multiple recipients.

Free one month trial subscriptions are available. Also, free subscriptions are available for federal elected officials, and employees of the Congress, courts, and executive branch. The TLJ web site is free access. However, copies of the TLJ Daily E-Mail Alert are not published in the web site until two months after writing.

For information about subscriptions, see subscription information page.

Tech Law Journal now accepts credit card payments. See, TLJ credit card payments page.

TLJ is published by David Carney
Contact: 202-364-8882.
carney at techlawjournal dot com
3034 Newark St. NW, Washington DC, 20008.

Privacy Policy
Notices & Disclaimers
Copyright 1998-2012 David Carney. All rights reserved.

The House will meet at 12:00 NOON for morning hour, and at 2:00 PM for legislative business. Votes will be postponed until 6:30 PM. The House will consider several non-technology related items. See, Rep. Cantor's schedule for the week.

The Senate will meet at 2:00 PM. It will begin consideration of the conference report on HR 658 [LOC | WW], the "FAA Modernization and Reform Act of 2012".

5:30 - 7:00 PM. The American Enterprise Institute (AEI) will host a book talk by Charles Murray, author of the just released book [Amazon] titled "Coming Apart: The State of White America, 1960-2010". See, notice. The AEI will webcast this event, live and by archive. Location: AEI, 12th floor, 1150 17th St., NW.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of S 2038 [LOC | WW], the "Stop Trading on Congressional Knowledge Act of 2012", or "STOCK Act".

10:00 AM. The House Foreign Affairs Committee will hold a hearing titled "Export Controls, Arms Sales, and Reform: Balancing U.S. Interests, Part II". See, notice. Location: Room 2172, Rayburn Building.

10:00 AM - 12:00 NOON. The House Science Committee (HSC) will meet to mark up bills, including HR 3834 [LOC | WW], the "Advancing America’s Networking and Information Technology Research and Development Act of 2012". See, notice. The HSC will webcast this meeting live. Location: Room 2318, Rayburn Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Authenix v. EMC, App. Ct. No. 2011-1398 and 1490, an appeal from the U.S. District Court (CDCal) in a patent infringement case. This is the first case on this calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in In Re Rambus, App. Ct. No. 2011-1247, an appeal from the U.S. Patent and Trademark Office (USPTO). This is the fourth case on this calendar. Location: Courtroom 402, 717 Madison Place, NW.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Whitserv v. Computer Packages Inc., App. Ct. No. 2011-1206, an appeal from the U.S. District Court (DConn) in a patent infringement case involving intellectual property management systems technology. This is the first case on this calendar. Location: Courtroom 203, 717 Madison Place, NW.

10:00 - 11:30 AM. The Center for American Progress (CAP) will host a program titled "Open Source Higher Education: What Is It and Who Is It For?". See, notice. Location: CAP, 10th floor, 1333 H St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed meeting. See, notice. Location: Room 219, Hart Building.

The House will meet at 10:00 AM for morning hour, and at 12:00 NOON for legislative business. The schedule for the week includes consideration of S 2038 [LOC | WW], the "Stop Trading on Congressional Knowledge Act of 2012", or "STOCK Act".

9:00 - 10:00 AM. The Center for American Progress (CAP) will host a program titled "Open Innovation: Tools to Solve Problems and Grow the Economy". Aneesh Chopra (former Assistant to the President) will speak. The other speakers will be Tom Perriello (CAP), Todd Park (Department of Health and Human Services) and Peter Levin (Department of Veterans' Affairs). See, notice. Location: CAP, 10th floor, 1333 H St., NW.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Cybersecurity: Threats to Communications Networks and Private-Sector Responses". See, notice. Location: Room 2322, Rayburn Building.

6:00 - 9:15 PM. The DC Bar Association will host a program titled "Export Controls and Economic Sanctions 2012: Recent Developments and Current Issues". The speakers will be Carol Kalinoski (solo practitioner) and Thomas Scott (Ladner & Associates). The price to attend this and the companion program on January 23 ranges from $89 to $129. CLE credits. See, notice. For more information, call 202-626-3488. The DC Bar has a history of barring reporters from its events. Location: DC Bar Conference Center, 1101 K St., NW.

The House will meet at 9:00 AM for legislative business. The schedule for the week includes consideration of S 2038 [LOC | WW], the "Stop Trading on Congressional Knowledge Act of 2012", or "STOCK Act".

10:00 AM. The Senate Judiciary Committee (DJC) will hold an executive business meeting. The agenda includes consideration of S 1945 [LOC | WW], a bill to permit the televising of Supreme Court proceedings. See, notice. The SJC will webcast this meeting. Location: Room 226, Dirksen Building.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in Paid Search Engine Tools v. Yahoo, App. Ct. No. 2011-1281, an appeal from the U.S. District Court (EDTex), D.C. No. 07-cv-403, in a patent infringement case involving U.S. Patent No. 7,043,450, titled "Paid search engine bid management". This is the second case on this calendar. Location: Courtroom 402, 717 Madison Place, NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed meeting. See, notice. Location: Room 219, Hart Building.

3:30 - 5:00 PM. The New America Foundation (NAF) will host a panel discussion titled "Mobile Disconnect: Can Mobile Solutions Really Combat Global Poverty?". See, notice. Location: NAF, Suite 400, 1899 L St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Homeland Security and Emergency Communications Committee will host an event titled "CALEA Enforcement: Don't Find Out the Hard Way". CLE credits. Prices vary. See, notice. Location:  __.

The House will not meet. See, Rep. Cantor's schedule for the week.

10:00 AM. The U.S. Court of Appeals (FedCir) will hear oral argument in IGT v. Alliance Gaming, App. Ct. No. 2011-1166, an appeal from the U.S. District Court (DNev) in a patent infringement case involving computerized gambling machine technology. This is the only case on this calendar. Location: Courtroom 203, 717 Madison Place, NW.

The House will meet at 1:00 PM. See, Rep. Cantor's schedule for the week.

The Senate will meet at 2:00 PM. It will begin consideration of the nomination of Adalberto Jordan to be a Judge of the U.S. Court of Appeals (11thCir).

10:00 AM. The Senate Finance Committee (SFC) will hold a hearing titled "The President’s Budget for Fiscal Year 2013". The witness will be Secretary of the Treasury Tim Geithner. See, notice. Location: Room 215, Dirksen Building.

12:15 - 1:30 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "Retransmission Consent from the Perspective of the Broadcasters and the Distributors". The speakers will be Erin Dozier (NAB), Kevin Latek (Dow Lohnes), Ross Lieberman (American Cable Association) and Cristina Pauze (Time Warner Cable). Location: Wiley Rein, 1776 K St., NW.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed meeting. See, notice. Location: Room 219, Hart Building.

10:00 AM. The House Appropriations Committee's (HAC) Subcommittee on Homeland Security will hold a hearing on the budget for the Department of Homeland Security (DHS). The HAC will webcast this hearing. Location: Room 2359, Rayburn Building.

12:15 - 2:00 PM. The Federal Communications Bar Association (FCBA) will host a brown bag lunch titled "USAC's Role in USF Contribution Audits and Appeals". The speaker will be David Capozzi (acting General Counsel of USAC. Location: Suite 400, Kelley Drye & Warren, 3050 K St., NW.

1:00 PM. The House Small Business Committee (HSBC) will hold a hearing titled "Broadband: A Catalyst for Small Business Growth". See, notice. Location: Room 2360, Rayburn Building.

2:30 PM. The Senate Judiciary Committee (DJC) will hold a hearing titled "Nominations". See, notice. The SJC will webcast this meeting. Location: Room 226, Dirksen Building.

9:00 AM. The House Commerce Committee's (HCC) Subcommittee on Communications and Technology will hold a hearing titled "Budget and Spending of the Federal Communications Commission". See, notice. Location: Room 2123, Rayburn Building.

9:30 - 11:00 AM. The New America Foundation (NAF) will host an event titled "Public Diplomacy in the Age of Social Media". The speakers will be Suzanne Hall (Department of State), Nick Namba (DOS), Ed Dunn (DOS), and Alexander Howard. See, notice. Location: NAF, Suite 400, 1899 L St., NW.

10:00 AM. The House Intelligence Committee (HIC) will hold a closed hearing titled "Ongoing Intelligence Activities". See, notice. Location: HVC-304, Capitol Visitor Center.

10:00 AM. The House Homeland Security Committee's (HHSC) Subcommittee on Counterterrorism and Intelligence will hold a hearing titled "DHS Monitoring of Social Networking and Media: Enhancing Intelligence Gathering and Ensuring Privacy". See, notice. Location: Room 311, Cannon Building.

10:00 AM. The Senate Judiciary Committee (DJC) will hold an executive business meeting. The agenda includes consideration of four pending nominations for the U.S. District Court (USDC): John Lee (USDC/NDIll), John Tharp (USDC/NDIll), George Russell (USDC/DMd), and Kristine Baker (USDC/(EDArk). See, notice. The SJC will webcast this meeting. Location: Room 226, Dirksen Building.

12:15 - 2:00 PM. The Federal Communications Bar Association (FCBA) will host a lunch. The speakers will address distracted driving. Location: Wiley Rein, 1776 K St., NW.

2:30 PM. The Senate Homeland Security and Government Affairs Committee (SHSGAC) will hold a hearing titled "Securing America's Future: The Cybersecurity Act of 2012". See, notice. The SHSGAC will webcast this hearing. Location: Room 342, Dirksen Building.

2:30 PM. The Senate Intelligence Committee (SIC) will hold a closed meeting. See, notice. Location: Room 219, Hart Building.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) Mass Media and the Video Programming & Distribution Committees will host an event titled "Update on Political Advertising Issues". CLE credits. Prices vary. See, notice. Location: Wiley Rein, 1776 K St., NW.

Supreme Court conference day. See, calendar. Closed.

9:30 AM. The House Judiciary Committee's (HJC) Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing titled "Litigation as a Predatory Practice". See, notice. Location: Room 2147, Rayburn Building.

9:30 - 11:30 AM. The House Oversight and Government Reform Committee (HOGRC) Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform will hold a hearing titled "Examining Duplicative IT Investments at DOD and DOE". The HOGRC will webcast this hearing live. Location: Room 2154, Rayburn Building.

9:30 AM. The House Science Committee (HSC) will hold a hearing titled "An Overview of the Administration’s Federal Research and Development Budget for Fiscal Year 2013". The witness will be John Holdren (head of the EOP's Office of Science and Technology Policy. See, notice. Location: Room 2318, Rayburn Building.

10:00 AM - 4:30 PM. The U.S. Patent and Trademark Office (USPTO) will host a public event to discuss and receive public comments on proposed rules changes that implement HR 1249 [LOC | WW], the "Leahy Smith America Invents Act", or "AIA", which was signed into law in September of 2011. See, USPTO release and AIA web page. See also, stories titled "USPTO Announces America Invents Act Implementation Rulemaking Proceedings" in TLJ Daily E-Mail Alert No. 2,322, January 9, 2012, and "USPTO to Hold Public Meetings on AIA Rules Changes" in TLJ Daily E-Mail Alert No. 2,323, January 10, 2011. Location: USPTO Campus, Alexandria, VA.

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft SP 800-117 Rev. 1 [26 pages in PDF] titled "Guide to Adopting and Using the Security Content Automation Protocol (SCAP) Version 1.2".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7817 [22 pages in PDF] titled "A Credential Reliability and Revocation Model for Federated Identities".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7799 [75 pages in PDF] titled "Continuous Monitoring Reference Model Workflow, Subsystem, and Interface Specifications".

Deadline to submit comments to the National Institute of Standards and Technology's (NIST) Computer Security Division (CSD) regarding its draft NIST IR-7756 [35 pages in PDF] titled "CAESARS Framework Extension: An Enterprise Continuous Monitoring Technical Reference Architecture".