Antitrust & Competition Policy — Federal Trade Commission
M. Sean Royall, a Partner in the Dallas, TX office of Gibson, Dunn & Crutcher LLP
- Third Circuit Limits the FTC’s Authority to Challenge Ceased Conduct
- Ninth Circuit Judges Call for En Banc Review of FTC’s Authority to Obtain Monetary Relief
- Lessons from FTC’s Loss in, and Subsequent Abandonment of, DirecTV Advertising Case
- The Eleventh Circuit Limits the FTC’s Authority to Challenge Practices as “Unfair”
- Tronox/Cristal Merger Fight Highlights the FTC/DOJ Divide in U.S. Merger Control Proceedings
- 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 Baker Botts.
- Encouraging Signals on Merger Review from DOJ’s Antitrust Division
- Three Antitrust Developments to Watch in Wake of High Court’s Ohio v. American Express Ruling
- The Supreme Court’s American Express Antitrust Case: What’s at Stake
- 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.
- Third Circuit Builds on Post-Spokeo “Bare Procedural Violation” Standing Jurisprudence
- Food-Labeling Suit’s Successful Class Certification is Cause for Concern in California
- Fourth Circuit Expands Federal Court Split on Standing in Data Breach Lawsuits (Authored by Talia Zucker)
- Decision’s Permissive Standing Analysis Tags Ninth Circuit as Favorable Forum for Data-Related Suits
- On Issue of First Impression, Fifth Circuit Applies CAFA in Mass-Tort Cases to Deny Remand
- Eighth Circuit Finds Standing, but Ultimately Rejects Claims, in Data-Breach Suit
- Because of Winn-Dixie?: Uncertainty over ADA’s Applicability to Websites Deepens
- Click here for archive of Frank’s expert posts
Corporate Governance/Securities Law
Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law.
- With Emulex Corp., Supreme Court Could Raise Bar for “Merger Tax” Securities Suits
- California Corporate-Board Quota Law Unlikely to Survive a Constitutional Challenge
- Supreme Court to Once Again Examine Limits of Rule 10b-5 Liability in October Term 2018 Case Lorenzo v. SEC
- Perpetual Dual Class Stock versus the SEC’s Dubious Raised Eyebrow Power
- 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
- Click here for archive of Steve’s expert posts
Environmental Law and Policy
Samuel B. Boxerman, a Partner in the Washington, DC office of Sidley Austin LLP.
- Cert Petitions May Mean Supreme Court Will Clarify Clean Water Act Jurisdiction
- Fourth Circuit Exacerbates Court Split Over Clean Water Act’s Jurisdictional Reach
- Environmental Enforcement Implications from Recent DOJ and EPA Guidance
- Ninth Circuit Blows Limiting Principle on “Point Source” Out of Water with CWA Ruling
- 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
- Click here for archive of Sam’s expert posts
False Claims Act
Stephen A. Wood, a Principal with Chuhak & Tecson, P.C. in its Chicago, IL office, where he chairs the litigation practice group.
- A Material Change: FCA Defendants Confront Altered Pleading Standard in Ninth Circuit after Rose and Campie
- End the Endless Extensions of the Seal Period in False Claims Act Qui Tam Cases
- The Government’s Duty to Preserve Evidence in a Non-Intervened Qui Tam Case
- U.S. ex rel. Rose v. Stephens Institute: The Ninth Circuit Considers Escobar and its Materiality Mandate
Megan L. Brown, a Partner with Wiley Rein LLP in Washington, DC.
- The First Amendment in the Supreme Court: “Scandalous” Trademarks and Labor Unions
- Ninth Circuit Narrowly Vindicates First Amendment in Bellwether Compelled Speech Case
- HHS Drug Price Advertising Proposal Reveals Sweeping View of Government Power over Private Speech
Intellectual Property — Patents
Jeffri A. Kaminski, a Partner in the Washington, DC office of Venable LLP focusing on patent prosecution and counseling.
- Will a SCOTUS Grant in Berkheimer v. HP Finally Get Alice Out of Wonderland?
- Still Marching to its Own Drummer: The Eastern District of Texas on Patent Venue
- Status Quo at the PTO: High Court Preserves Inter Partes Review
- 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”
- Click here for archive of Jeff’s expert posts
Judicial Gatekeeping of Expert Evidence
Evan M. Tager, a Partner in the Washington, DC office of Mayer Brown LLP.
- Florida Supreme Court Rejects Legislative Adoption of Daubert Standard for Expert Testimony
- New Jersey Supreme Court Adopts Daubert (More or Less) for Civil Cases
- Federal District Court Excludes Dubious “Scientific” Opinions in Mirena MDL
- In re Lipitor: Fourth Circuit Smacks Down Result-Oriented Expert Testimony
- 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
- Click here for archive of Evan’s expert posts
Legal & Regulatory Challenges for Digital Assets
Daniel S. Alter, a Shareholder in the New York, NY office of Murphy & McGonigle P.C.
- Mr. Hinman’s Metaphysics: Some Thoughts on Reexamining the Utility Token
- Quality Control at a Sustainable Cost: Blockchain Solutions for Bank Secrecy and Anti-Money-Laundering Compliance
- Addressing the Custody Conundrum: A Cooperative Federal/State Effort to Build Market Infrastructure and Regulatory Clarity Around Digital Assets
- What’s Extraterritorial on the Blockchain?: In re Tezos Securities Litigation and the Application of U.S. Securities Law to “Foreign” ICOs
Joe G. Hollingsworth, a Partner with Hollingsworth LLP in Washington, DC
- Games People Play: Supreme Court Can Put a Stop to an Obvious CAFA Workaround
- Litigation Funding Slides Downmarket
- New Jersey: Now the Product-Liability Defendant’s Playground?
- Merck, Sharpe & Dohme v. Albrecht: The Supreme Court’s Chance to Re-Open a Preemption Door the Third Circuit Tried to Close Forever
Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA
- Supreme Court’s DeVries Decision Doesn’t Spell the End of “Bare Metal” Defense in Asbestos Cases
- NJ Supreme Court to Decide Whether Third-Party Manufacturers Have Duty to Warn of Asbestos Exposure
- Divided Virginia Supreme Court Decision Epitomizes National Split over “Take Home” Asbestos Liability
- California Supreme Court Says Use of Industry Custom and Practice Evidence Is a “Two-Way Street” in Products Liability Actions
- Asbestos-Liability-Suit Judges Should Beware Plaintiffs’ Expert’s “Notice” Testimony
- Ohio High Court Confirms Cumulative-Asbestos-Exposure Theory Cannot Establish Legal Causation
- 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?
White Collar Crime & Corporate Compliance
Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC.
- Honest Services Fraud Back in the Spotlight with “Operation Varsity Blues”
- Update: Pre-Approval Requirements Announced for Federal Wire Act Prosecutions
- Justice Department Revisits the Wire Act but Stays Enforcement, for Now
- DOJ Updates Justice Manual to Formalize Guidance about Guidance
- DOJ Modifies Policy on Credit for Cooperation By Corporate Employees
- DOJ Expands FCPA-Violation Self-Disclosure Incentive to the Health Care Industry
- DOJ Issues New Guidance on Corporate Monitors Reflecting More Pragmatic Approach
- U.S. Makes Unprecedented Arrest of Chinese Government Official Accused of Economic Espionage
- Fifth Circuit Signals Sea Change in CFPB Civil Investigative Demand Analysis
- Second Circuit Contradicts SEC/DOJ Guidance in Limiting Scope of FCPA
- D.C. Circuit Further Clarifies Attorney-Client Privilege “Primary Purpose” Test
- DOJ Issues New Guidance to Avoid “Piling On” in Corporate Enforcement Actions