Washington Legal Foundation is a nonprofit public interest law organization that litigates, publishe
Washington Legal Foundation is a nonprofit public interest law organization that litigates, publishes & communicates to advance free enterprise principles.
Operating as usual
With proxy season just around the corner, developments at SEC and in the courts are combining to create unique challenges & opportunities in the environment & social areas of "ESG." Join us Thursday for an informative & insightful discussion.
https://www.wlf.org/2022/04/21/communicating/upcoming-webinar-navigating-proxy-season-with-sec-disclosure-mandates-and-litigation-risks-lurking/
In their latest WLF paper, three BakerHostetler attorneys foresee more litigation under strict-liability Sec. 11 of the Securities & Exchange Act thanks to 9th Cir. ”Slack” ruling. https://www.wlf.org/2022/03/25/publishing/pirani-v-slack-technologies-inc-et-al-ninth-circuit-cuts-securities-plaintiffs-slack-on-standing/
What will courts do with FTC Sec. 13(b) enforcement actions filed pre-“AMG Capital v. FTC”? New WLF Legal Opinion Letter by 3 Cozen O’Connor members sheds some light on intriguing ruling. https://www.wlf.org/2022/03/25/publishing/a-post-amg-capital-update-equitable-solutions-for-litigating-parties-that-have-past-the-point-of-no-return/
By Bernie Nash, Co-Chair of Cozen O’Connor’s State Attorneys General practice, and Milton Marquis and Mira Baylson, members of the firm. *** The fallout from the United States Supreme Court’s decision in AMG Capital last year continues as companies, government regulators, and even courts tackl...
Jurisdiction matters, especially if it’s a choice between federal and state court for climate-change litigation, as Dechert LLP attorney Lincoln Davis Wilson explains in a new WLF Legal Opinion Letter. https://www.wlf.org/2022/03/25/publishing/flawed-federal-jurisdiction-ruling-grants-state-court-national-climate-change-policymaking-power/
By Lincoln Davis Wilson, Counsel to Dechert LLP. Jurisdiction matters. Questions of jurisdiction are questions of “who decides,” from the Latin roots concerning “speaking the law.” And the court that gets to speak the law in a particular dispute is often every bit as important as the law its...
We've filed an amicus curiae brief in the DC Circuit together with Information Technology & Innovation Foundation urging the court to affirm dismissal of 46 States' suit against Facebook for alleged anti-competitive behavior. Here's our release: https://www.wlf.org/2022/03/28/communicating/wlf-urges-d-c-circuit-not-to-expand-antitrust-duty-to-deal-with-competitors/
“The States’ novel theory of liability would erode the procompetitive aims of antitrust law and force courts into the improper role of central planners in matters of cutting-edge and fast-moving technological innovation.”—Cory Andrews, WLF General Counsel & Vice President of Litigation Click...
If you missed yesterday's insightful webinar on the role of state attorneys general, FTC rulemaking, and Congress in aftermath of "AMG Capital v. FTC," catch it on demand here: https://www.bigmarker.com/washington-legal-foundation/The-Post-AMG-Capital-Path-to-Restitution-What-Role-for-State-AGs-Congress-and-Alternative-FTC-Approaches?utm_bmcr_source=Facebook
The U.S. Supreme Court answered the question presented in "AMG Capital v. FTC" quite definitively, but even a clear answer gives rise to many new questions on FTC and its authority. Join us next Tuesday for a lively assessment of those questions. https://www.bigmarker.com/washington-legal-foundation/The-Post-AMG-Capital-Path-to-Restitution-What-Role-for-State-AGs-Congress-and-Alternative-FTC-Approaches?utm_bmcr_source=Facebook
The Biden Administration has pledged to weave environmental justice into nearly all of its environmental regulatory activity. Our Contemporary Legal Note brings you up to speed on the movement's origins and the current "law" that regulators and activists can harness.
https://www.wlf.org/2021/02/26/publishing/environmental-justice-origins-background-and-site-selection-considerations/
Claims of discriminatory exposure to pollutants, though technically directed at government permitting authorities, will increasingly arise for permit applicants, a reality for which many businesses must prepare.
WLF's advocacy for faithful judicial application of standing and class-certification rules continued today with filing in the Fifth Circuit. https://www.wlf.org/2021/02/01/communicating/wlf-urges-fifth-circuit-to-decertify-deeply-flawed-class-action/
“The district court’s certification order radically transforms the class action from a device that avoids the inefficiencies of repeatedly trying the same claims into a device that unfairly alters the parties’ substantive rights.”—Cory Andrews, WLF General Counsel & Vice President of Litig...
If you follow the FTC, care about antitrust or consumer protection, or plan on listening to the 1-13 oral argument, register for our briefing TOMORROW at 1:00. https://www.bigmarker.com/washington-legal-foundation/AMG-Capital-Management-v-FTC-A-Supreme-Court-Oral-Argument-Preview-9f482051c40db7bc0bb47243?utm_bmcr_source=Facebook
On Wednesday, January 13, 2021, the U.S. Supreme Court will hear oral arguments on whether Federal Trade Commission Act § 13(b), under which the FTC can seek “injunctions,” empowers the FTC to seek monetary relief from individuals and entities. Our speakers, a veteran consumer-protection counse...
An exciting morning for us at the Supreme Court. Our amicus brief in Facebook v. Duguid was the subject of an exchange between Justice Thomas and Facebook's counsel, former Solicitor General Paul Clement:
Should Big Tech face antitrust scrutiny simply because it has succeeded in becoming essential in people's lives? The latest in our blog's series on antitrust weighs in.
https://www.wlf.org/2020/12/02/wlf-legal-pulse/the-internet-is-essential-but-the-essential-facilities-doctrine-isnt/
Breathing life into the antitrust doctrine of "essential facilities" would not benefit tech consumers or inspire more tech company innovation.
State regulators and the Biden Administration promise an increased focus on "environmental justice." Tune in to our free webinar to learn what can be expected in 2021.
https://www.bigmarker.com/washington-legal-foundation/Environmental-Justice-What-to-Expect-as-the-Movement-Is-Primed-for-its-Moment-in-2021?utm_bmcr_source=Facebook
With developments in key states and enthusiastic proponents set to assume leadership positions at the federal level, environmental justice is rapidly evolving from an aspirational concept to a tangible regulatory and litigation tool. Our speakers will survey the emerging landscape, evaluate the corp...
What First Amendment arguments are available to civil litigation defendants when a court order imposes warnings or other statements? Register for our 11/11, 1:00 webinar below.
https://www.wlf.org/2020/10/30/communicating/upcoming-webinar-defending-failure-to-warn-and-consumer-deception-claims-a-role-for-the-first-amendment/
Wednesday, November 11, 2020, 1:00-2:00 p.m. EST REGISTER BELOW Featuring:Robert R. Weiner, Senior Counsel, Arnold & PorterTrenton H. Norris, Partner, Arnold & Porter Description: The First Amendment offers enormous untapped potential as a defense against failure-to-warn and consumer-deception claim...
On October 7, the Court's eight justices (along with anyone who wishes to tune in to the live audio stream) will hear oral arguments in a critical copyright case 10 years in the making. Our speakers, who participated in opposing amicus briefs in the case, will boil down this complex case to its core issues and offer thoughts on what the justices will be asking of Google and Oracle's counsel.
https://www.wlf.org/2020/09/25/communicating/upcoming-virtual-briefing-google-llc-v-oracle-america-inc-a-supreme-court-oral-argument-preview/
Monday, October 5, 2020, 1:00 pm EST Featuring: James Daily, Head of Legal Data Science, Skopos Labs and Lecturer in Law, Center for Empirical Research in the Law, Washington University in St. LouisAdam Mossoff, Professor of Law, Antonin Scalia Law School, George Mason University Register below ...
Still time to register for our Wed. webinar on how activists and their government allies use environmental permit challenges to disrupt oil, gas, and other major infrastructure projects. https://www.bigmarker.com/washington-legal-foundation/weaponization-envt-l-permitting-suits?utm_bmcr_source=Facebook
“Citizen suits” challenging environmental emissions permits have become regrettably commonplace for enterprises engaged in major energy, transportation infrastructure, and other large projects. One such permit challenge aimed at the Keystone XL pipeline led to an unprecedented injunction against...
When can fed. government ask a court to waive “Chevron deference” when reviewing agency action? J. Broggi of Wiley Rein LLP explores that issue in new paper https://www.wlf.org/2020/09/24/publishing/with-en-banc-review-tenth-circuit-foreshadows-potential-split-with-d-c-circuit-on-chevron-waiver/
By Jeremy J. Broggi, an Associate with Wiley Rein LLP. Prior to joining the firm, he served as a law clerk to Judge Gregory G. Katsas of the U.S. Court of Appeals for the D.C. Circuit and to Judge Richard J. Leon of the U.S. District Court for the District of Columbia. Before becoming an …
Attorneys from Gibson, Dunn & Crutcher LLP Careers and Schiff Hardin LLP offer opposing views on ERISA preemption case will consider on October 6 in “On the Merits” paper https://www.wlf.org/2020/09/24/publishing/on-the-merits-rutledge-v-pharmaceutical-care-management-association/
Featuring Helgi C. Walker, Matthew S. Rozen, and Max E. Schulman, attorneys in the Appellate and Constitutional Law practice group at Gibson, Dunn & Crutcher LLP in Washington, D.C.; and Aphrodite Kokolis, an attorney at Schiff Hardin LLP in Chicago, IL. * * * Case: Rutledge v. PCMA, U.S. Supreme Co...
Victor Schwartz of Shook Hardy & Bacon LLP lauds Maryland high court’s move to more vigilant evidence gatekeeping in new publication https://www.wlf.org/2020/09/24/publishing/maryland-high-court-adopts-daubert-expert-evidence-standard/
By Victor E. Schwartz, co-chair of Shook, Hardy & Bacon L.L.P.’s Washington, D.C.-based Public Policy Group. He is co-author of the best-selling torts casebook in the United States, Prosser, Wade & Schwartz’s Torts: Cases & Materials (14th ed. 2020). In Rochkind v. Stevenson, 2020 WL 5085877 ...
Miss our 9/22 Supreme Court briefing? Watch it on demand at https://www.wlf.org/2020/09/03/communicating/upcoming-virtual-briefing-october-2020-u-s-supreme-court-term-whats-in-store-for-free-enterprise/
Our speakers will discuss docketed Supreme Court cases, spotlight key certiorari petitions, and offer insightful analysis on the upcoming Term's impact on business regulation and litigation.
Under the veil of public health, west-coast water-port cities have been blocking export of US fossil fuels to willing buyers in Asia. Affected enterprises have been pushing back. Here, Legal Studies Division Chief Counsel Glenn Lammi writes about the latest success.
https://www.wlf.org/2020/09/11/wlf-legal-pulse/california-city-must-face-constitutional-challenge-to-regulatory-blockade-of-fossil-fuel-exports/
Richmond and its environmental activist allies fail to block another legal attack on anti-coal municipal legislation.
Patent holders may benefit from faster appeal of patent examiners' decision, write two Baker Botts LLP attorneys in new WLF Legal Opinion Letter.
https://www.wlf.org/2020/09/10/publishing/uspto-launches-new-fast-track-appeals-pilot-program/
The six-month time frame for an appeal from a patent examiner’s decision that the patent office has made available through a pilot program may be strategically desirable to some patent applicants.
Antitrust should promote competition and consumer welfare, not protect data, redistribute wealth, etc., writes former FTC Chairman Maureen Ohlhausen in a timely new WLF paper.
https://www.wlf.org/2020/09/10/publishing/antitrust-law-must-remain-focused-on-promoting-competition-and-enhancing-consumer-welfare/
Legislators and regulators should carefully contemplate the original purposes of antitrust, and the benefits the body of law has provided to business and consumers, before pursuing any radical changes.
, with pro bono help of 5 Hunton Andrews Kurth attorneys urges 7th Cir. to block expansion of Clean Water Act https://www.wlf.org/2020/09/09/communicating/wlf-clean-water-act-does-not-displace-state-and-federal-regulatory-regimes-for-certain-groundwater-releases/
The Circuit should affirm a trial court decision that refused to expand the reach of the Clean Water Act (CWA) over certain groundwater releases.
Tort defendants must push for disclosure of attorney-care provider-medical receivable funder relationship to limit phantom damages write two Holland & Knight attorneys. https://www.wlf.org/2020/08/20/publishing/greater-transparency-can-expose-the-illusion-of-medical-receivable-funding-in-tort-litigation/
Business defendants and insurers must pursue disclosure of third-party companies’ involvement with healthcare providers and plaintiffs’ lawyers in tort litigation, an arrangement that inspires the award of “phantom damages.”
Court ruling shows FCA defendants can seek discovery from federal agencies, writes Arnold & Porter Kaye Scholer LLP’s T. Lollar in new paper. https://www.wlf.org/2020/08/20/publishing/court-orders-federal-government-to-produce-materiality-related-discovery-in-false-claims-act-suit/
A recent federal district court decision demonstrates that FCA defendants can obtain discovery from the government that may help establish an alleged violation’s lack of materiality.
Do 3 copycat lawsuits filed against Amazon.com, Kroger, and Albertsons reflect new strain of chemicals class actions, Hunton Andrews Kurth’s Thomas Waskom asks in WLF paper. https://www.wlf.org/2020/08/06/publishing/consumer-fraud-suits-against-retailers-a-harbinger-of-new-pfas-class-action-wave/
Lawsuits that assert economic, not physical, harm from the sale of products claimed to be compostable could be the latest strain of class actions involving the so-called forever chemical.
Risks abound in the way treats speech on to***co alternatives, argue 3 Cahill, Gordon & Reindel attorneys in new WLF Working Paper https://www.wlf.org/2020/07/16/publishing/fdas-first-amendment-blindspot-widens-with-overzealous-interpretation-of-modified-risk-to***co-regulation/ **e **ng ***co
Judges shouldn’t defer to administrative agencies’ creation of new criminal laws through statutory interpretation https://www.wlf.org/2020/07/16/publishing/the-intersection-of-chevron-and-federal-prosecutions-courts-shouldnt-assist-agency-overcriminalization/
New WLF paper from M. Behrens and C. Appel of Shook Hardy & Bacon LLP urges more states to follow federal discovery rulemakers’ lead https://www.wlf.org/2020/07/16/publishing/states-are-embracing-proportional-discovery-moving-into-alignment-with-federal-rules/ U.S. Chamber Institute for Legal Reform; American Tort Reform Association; Lawyers for Civil Justice
As WLF urged in an amicus brief, the Supreme Court today agreed to review 15-year old lawsuit filed under two-century old law plaintiffs’ lawyers resurrected in 1980. https://www.wlf.org/2020/07/02/communicating/supreme-court-agrees-to-decide-scope-of-liability-under-the-alien-tort-statute/
The U.S. Supreme Court today agreed to review an appeals court decision that would invite activists to seek to impose aiding and abetting liability on U.S. entities for alleged human rights violations overseas.
Seattle’s new price-control law for grocery-delivery businesses will backfire on workers and public health, and is vulnerable to a constitutional challenge, argues a new WLF Legal Pulse post: https://www.wlf.org/2020/06/29/wlf-legal-pulse/seattles-irrational-premium-pay-mandate-for-grocery-delivery-upends-economic-liberties/.
A city law meant to protect gig workers and public health will do neither and is constitutionally infirm.
The U.S. Supreme Court today ruled in Seila Law v. Consumer Financial Protection Bureau that Congress may not insulate sole-director federal agency heads from at-will removal by the President. WLF filed an amicus brief in the case urging this outcome. Our press release: https://www.wlf.org/2020/06/29/communicating/in-victory-for-wlf-high-court-holds-the-line-on-presidential-removal-power/.
The U.S. Supreme Court today ruled that Congress may not insulate sole-director federal agency heads from at-will removal by the President.
Register now for ’s virtual briefing on the term. Focus is decisions & trends that impact free enterprise. https://event.webinarjam.com/channel/WLF7-1-20Webinar Gibson Dunn & Crutcher LLP Baker Botts King & Spalding
WLF amicus brief supports victory for health communication and separation of powers in D.C. Circuit: https://www.wlf.org/2020/06/16/communicating/in-a-win-for-wlf-d-c-circuit-invalidates-hhss-list-price-disclosure-mandate-for-drug-makers-tv-ads/
“As today’s ruling confirms, Executive-Branch agencies do not wield the statutes they want; they must implement the statutes Congress gives them.”—Cory Andrews, WLF Vice President of Litigation WASHINGTON, DC—The U.S. Court of Appeals for the D.C. Circuit today affirmed a decision blocking...
We're honored to welcome Stephen A. Wood of Chicago's Chuhak & Tecson, P.C. as our blog's newest Featured Expert Contributor. Steve will be writing on False Claims Act matters. His first: https://wlflegalpulse.com/2018/10/04/u-s-ex-rel-rose-v-stephens-institute-the-ninth-circuit-considers-escobar-and-its-materiality-mandate/
Featured Expert Contributor, False Claims Act Stephen A. Wood, Chuhak & Tecson, P.C. Ed. Note: This is Mr. Wood’s inaugural post as the WLF Legal Pulse’s latest Featured Expert Cont…
Recording of our briefing with FTC and FCC Commissioners on broadband regulation now available at https://www.youtube.com/watch?v=IuA0sAdSbvE&t=196s
Brief presentations by FCC Commissioner Brendan Carr and FTC Commissioner Noah Joshua Phillips, with a discussion moderated by Wilkinson Barker Knauer LLP Sp...
"Big is bad" as a motivating mantra for government regulators? That's bad for all of us.
https://wlflegalpulse.com/2018/09/26/big-business-will-probably-save-us/
In the 1960s and 1970s, as South Korea and Hong Kong liberalized, India persisted in Jawaharlal Nehru’s vision of state planning and protectionism. No one deserves more blame than Nehru’s daughter,…
We're hosting a discussing with FCC Commissioner Brendan Carr and FTC Commissioner Joshua Phillips on broadband regulation Thurs., Sept. 27 at 9:00. Register at https://www.wlf.org/2018/09/12/communicating/americas-broadband-regulators-charting-the-right-course-for-success/
The profoundly elastic doctrine of public nuisance has become the tort theory of choice in suits meant to curb opioid abuse and diversion, climate change, fi****ms, and lead paint. Learn more from WLF's latest Webinar program:
https://wlflegalpulse.com/2018/03/01/wlf-webinar-speakers-critique-public-nuisance-lawsuits/
After long being a mere remnant of the old English common law, public nuisance has been experiencing an elongated renaissance. Courts have expanded the elastic doctrine into an all-purpose cause of…
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