Antitrust & Competition Policy — Federal Trade Commission
M. Sean Royall, a Partner in the Dallas, TX office of Gibson, Dunn & Crutcher LLP
- Influencer Marketing Remains in FTC’s Crosshairs
- FTC Pharma Workshop Focuses on Supply Chain Issues and “Gamesmanship” of FDA Regulation
- FTC’s Action against “Repetitive” Filing of Citizen Petitions Reflects Expanding Pharma-Sector Enforcement Program
- FTC Takes a Commendable First Step Toward Reducing the Burden of Consumer-Protection Investigations
- Will Kokesh v. SEC Put a Kink in the Federal Trade Commission’s Disgorgement Hose?
Antitrust & Competition Policy — U.S. Department of Justice
Anthony W. Swisher, a Partner in the Washington, DC office of Squire Patton Boggs (US) LLP.
- U.S. v. Anthem/Cigna and Regrettable Skepticism of Procompetitive Efficiencies
- Will Antitrust Class Action Involving Digital Store Dismantle Illinois Brick Rule on Indirect Purchasers?
- DOJ Announces Intent to Go Criminal in Wage-Fixing and No-Poaching Antitrust Cases
- Divergent Philosophies on Merger Enforcement Emerge from Senior DOJ, FTC Antitrust Officials’ Speeches
Civil Justice/Class Actions
Frank Cruz-Alvarez, a Partner in the Miami, FL office of Shook, Hardy & Bacon L.L.P.
- Eighth Circuit Finds Standing, but Ultimately Rejects Claims, in Data-Breach Suit
- Because of Winn-Dixie?: Uncertainty over ADA’s Applicability to Websites Deepens
- Supreme Court Addresses Courts’ Inherent Sanction Authority in Goodyear v. Haeger
- Fourth Circuit: Unsubstantiated Risks Related to Data Breach Insufficient for Article III Standing
- Federal Court in NY Cites Obstacle Preemption in Dismissing State-Law Fraud Suit Against Organic Producer
- Second Circuit Upholds Decertification of Class Action After Jury Award
- Supreme Court Observations: Tyson Foods v. Bouaphakeo
- DirecTV Inc. v. Imburgia: The Supreme Court’s Latest Word on Arbitration and Federal Preemption
- District Court Tosses $15 Billion Facebook Tracking Class Action
- Sixth Circuit Affirms Class-Certification Order Despite Lack of Commonality
- Ninth Circuit Limits CAFA’s “Single Local Event” Exception and Broadens Removal of Mass Actions
- Eighth Circuit Creates New Class Action Fairness Act Requirement, Sends Case to State Court
- Ninth Circuit Ruling Rejecting Preemption in Food Labeling Class Action Difficult to Swallow
- Sixth Circuit Affirms Preemption Defense in Suit against Branded and Generic Drug Companies
- Third Circuit Reaffirms “Rigorous Analysis” for Ascertaining Class Members under Rule 23
- U.S. Supreme Court to Rule on Class Action Fairness Act’s “Mass Action” Provision
- Will “Sea Change” in Florida Class Action Standards Unleash Flood of Suits?
- Supreme Court Observations: Standard Fire Ins. Co. v. Knowles
Corporate Governance/Securities Law
Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law.
- U.S. v. Martoma: Second Circuit’s Latest, but Perhaps not Last, Word on Insider-Trading Tippee Liability
- Supreme Court Observations: Kokesh v. Securities & Exchange Commission
- One Loss before ALJ Doesn’t Unmake SEC’s Home-Court Advantage
- Outcome of Recently Argued Kokesh SCOTUS Case Will Impact SEC’s Use of Potent Disgorgement Authority
- Change Coming for SEC’s Controversial Conflict Minerals Rule
- US Supreme Court’s Salman v. US Decision Answers One Insider-Trading Question, Leaves Others Unresolved
- After Oral Argument in Salman v. US, Will Supreme Court Meaningfully Limit What Counts as Insider Trading?
- SEC Drifting Further Away from Its Statutory Mission with Latest “Therapeutic Disclosure” Idea
Environmental Law and Policy
Samuel B. Boxerman, a Partner in the Washington, DC office of Sidley Austin LLP.
- Ninth Circuit Permits Interest-Group Enforcement of RCRA after EPA Exercises Non-Enforcement Discretion on Stormwater
- D.C. Circuit Once Again Reminds EPA Which Governmental Branch Enacts Laws
- Federal Court Rules Local Oil and Gas Development Ban Violates 1st and 14th Amendments
- Vigorous Dissent from Fifth Circuit’s Denial of Rehearing Should Help ESA Frog-Habitat Case Leap to Supreme Court
- A Peek at What’s to Come? : Federal Judge Allows “Public Trust” Climate-Change Suit to Proceed
- Federal Court Deems “Identifiable Trifle” to Be Sufficient Harm for Environmental Citizen-Suit Standing
- No CERCLA “Arranger Liability” for Falling Air Emissions, Ninth Circuit Holds
- North Dakota First Petitioner to Challenge EPA’s Methane Rule
- Supreme Court Observations: U. S. Army Corps of Engineers v. Hawkes, Co.
- Bureau of Land Management Proposes Rule on Oil/Gas Production on Federal Land
- District Court Enjoins Department of Interior Rule on Hydraulic Fracturing on Federal and Indian Lands
- Citing State-Based Voluntary Conservation Efforts, Federal Court Strikes Down ESA Listing for Lesser Prairie Chicken
- Ohio Supreme Court Holds Municipal “Fracking” Regulations Cannot Conflict with State Rules
- Federal Appeals Courts Reject Clean Water Act “Permit Shield” Defense
- Supreme Court Observations: CTS Corp. v. Waldburger
- EPA Seeks Input on Regulating Hydraulic Fracturing Fluids under Toxic Substances Control Act
- Department of Energy Task Force Issues Report on FracFocus
- EPA and the Army Corps’ “Waters of the U.S.” Proposal: Will it Initiate Regulatory Overflow
- EPA Releases Final Guidance for the Use of Diesel Fuels in Hydraulic Fracturing
- Will Pennsylvania High Court’s Ruling Expose State’s Hydraulic Fracturing Rules to “Public Trust” Challenges?
Intellectual Property — Patents
Jeffri A. Kaminski, a Partner in the Washington, DC office of Venable LLP focusing on patent prosecution and counseling.
- Oil States Oral Argument: Many Nuances Probed, Little Light Shed on Outcome
- Change in Law of Patent Venue May Not Be Get Out of Texas Card
- High Stakes for Patent Holders, Challengers in SCOTUS Oil States Case
- Supreme Court Alters Patent Venue Landscape: Eastern District Texas No Longer the Heartland of Patent Litigation
- Sandoz v. Amgen: High Court to Weigh in on Biosimilars’ “Patent Dance”
- Who’s on Your Panel?: The Answer Increasingly Determines Software-Patent Decisions at the Federal Circuit
- With 3 Cases on October 2016 Docket, US Supreme Court Poised to Expand Its Impact on Patent Rights
- Supreme Court Observations: Halo Electronics v. Pulse Electronics
- Supreme Court Will Address Two Key Patent Inter Partes Review Standards in Cuozzo Speed Technologies Case
- New Federal Procedural Rules May Deter Filing of Baseless Patent Lawsuits
- Federal Circuit Reaffirms International Trade Commission’s Authority Over Induced Patent Infringement
- Supreme Court Observations: Kimble v. Marvel Entertainment, LLC
- Supreme Court Holds that Belief Patent Is Invalid Is No Defense to Induced Infringement
- Playing Field May Continue to Shift for Patent Litigants on Willful Infringement
- Concurrence in Federal Circuit’s Ultramercial Ruling Sends Pointed Message to Patent Litigants
- Delaware Federal Court Sanction Rulings Offer Lessons for Patent Plaintiffs and Defendants
Judicial Gatekeeping of Expert Evidence
Evan M. Tager, a Partner in the Washington, DC office of Mayer Brown LLP.
- No Daubert-Style Gatekeeping in Alabama for Expert Testimony Based on Technical or Specialized Knowledge
- Uncommon Defects and Unreliable Methods: U.S. District Court Effectively Applies Daubert to Deny Class Certification
- Reversing Four-Year Old Legislative Action, Florida Supreme Court Reduces Scrutiny of Expert Testimony
- Missouri Governor Signs Law Adopting Daubert Standard for Expert Testimony in State’s Courts
- Fourth Circuit Reaffirms Daubert’s Scope and Reliability Requirement in Important Products-Liability Case
- Third Circuit Hears Oral Argument in In re Zoloft Products Liability Litigation
- District of Columbia’s Court of Appeals Adopts Daubert as Test for Expert Testimony
- Florida Appeals Court Invokes Daubert to Reject “Every Exposure” Causation in Asbestos Case
- Using Daubert to Exclude Plaintiffs’ Use of Flawed Surveys in Civil Litigation
- When Expert Testimony “Fits” with Causation
- North Carolina Supreme Court Grudgingly Adopts Daubert Standard for Expert Evidence Review
- The First Circuit Weighs Competing Studies About Relative Risk
- Gatekeeping on the Record: The Fifth Circuit Requires that Daubert Inquiries Be Publicly Explained
Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA
- The “No-Safe-Level” Theory Is Just as Bad in the Real World as in Litigation
- Trial Judge Tosses Jury Verdict in Talcum Powder Mass-Tort Suit for Lack of Causation
- Court Ruling in Pharma Case Calls into Question Consumer Expectations Test’s Use in Asbestos Suits
- Fourth Circuit Upholds Application of Government-Contractor Defense in Asbestos Suit
- Will the California Supreme Court Address the “Every Exposure” Theory of Causation?