Washington Legal Foundation

Washington Legal Foundation Washington Legal Foundation is a nonprofit public interest law organization that litigates, publishes & communicates to advance free enterprise principles.
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WLF is the nation’s premier public interest law and policy center. Our mission is to preserve and defend America’s free enterprise system by litigating, educating, and advocating for free market principles, a limited and accountable government, and individual and business liberties.

Mission: Advocate for Freedom and Justice

Operating as usual

An exciting morning for us at the Supreme Court. Our amicus brief in Facebook v. Duguid was the subject of an exchange b...
12/08/2020

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 lat...
12/03/2020
The Internet is Essential, but the Essential Facilities Doctrine Isn’t - Washington Legal Foundation

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...
12/03/2020
Environmental Justice: What to Expect as the Movement Is Primed for its Moment in 2021

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...
11/09/2020
Upcoming Webinar—Defending Failure-to-Warn and Consumer-Deception Claims: A Role for the First Amendment - Washington Legal Foundation

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 or...
09/29/2020
Upcoming Virtual Briefing—Google LLC v. Oracle America, Inc.: A Supreme Court Oral Argument Preview - Washington Legal Foundation

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 challe...
09/28/2020
Enjoining Nationwide Development: "N. Plains v. Corp." & the Weaponization of Environmental Permitting Suits

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 ...
09/25/2020
With En Banc Review, Tenth Circuit Foreshadows Potential Split with D.C. Circuit on Chevron Waiver - Washington Legal Foundation

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 @WLF 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 #...
09/25/2020
On the Merits: Rutledge v. Pharmaceutical Care Management Association - Washington Legal Foundation

Attorneys from Gibson, Dunn & Crutcher LLP Careers and Schiff Hardin LLP offer opposing views on ERISA preemption case #SCOTUS will consider on October 6 in @WLF “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...
09/25/2020
Maryland High Court Adopts Daubert Expert Evidence Standard - Washington Legal Foundation

Victor Schwartz of Shook Hardy & Bacon LLP lauds Maryland high court’s move to more vigilant evidence gatekeeping in new @WLF 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-virtua...
09/24/2020
Recorded Briefing—U.S. Supreme Court October Term 2020: What's in Store for Free Enterprise? - Washington Legal Foundation

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 bu...
09/11/2020
California City Must Face Constitutional Challenge to Regulatory Blockade of Fossil-Fuel Exports - Washington Legal Foundation

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 ...
09/11/2020
USPTO Launches New Fast-Track Appeals Pilot Program - Washington Legal Foundation

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 FT...
09/11/2020
Antitrust Law Must Remain Focused on Promoting Competition and Enhancing Consumer Welfare - Washington Legal Foundation

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.

@WLF, with pro bono help of 5 Hunton Andrews Kurth attorneys urges 7th Cir. to block expansion of Clean Water Act https:...
09/09/2020
WLF: Clean Water Act Does Not Displace State and Federal Regulatory Regimes for Certain Groundwater Releases - Washington Legal Foundation

@WLF, 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 phant...
08/21/2020
Greater Transparency Can Expose the Illusion of Medical Receivable Funding in Tort Litigation - Washington Legal Foundation

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....
08/21/2020
Court Orders Federal Government to Produce Materiality-Related Discovery in False Claims Act Suit - Washington Legal Foundation

Court ruling shows FCA defendants can seek discovery from federal agencies, writes Arnold & Porter Kaye Scholer LLP’s T. Lollar in new @WLF 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 #PFAS chemicals class actio...
08/07/2020
Consumer-Fraud Suits Against Retailers a Harbinger of New PFAS Class-Action Wave? - Washington Legal Foundation

Do 3 copycat lawsuits filed against Amazon.com, Kroger, and Albertsons reflect new strain of #PFAS 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.

As WLF urged in an amicus brief, the Supreme Court today agreed to review 15-year old lawsuit filed under two-century ol...
07/02/2020
Supreme Court Agrees to Decide Scope of Liability Under the Alien Tort Statute - Washington Legal Foundation

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 vulne...
06/29/2020
Seattle's Irrational "Premium Pay" Mandate for Grocery Delivery Upends Economic Liberties - Washington Legal Foundation

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 s...
06/29/2020
In Victory For WLF, High Court Holds The Line On Presidential Removal Power - Washington Legal Foundation

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.

WLF amicus brief supports victory for health communication and separation of powers in D.C. Circuit: https://www.wlf.org...
06/16/2020
In a Win for WLF, D.C. Circuit Invalidates HHS’s List-Price-Disclosure Mandate for Drug Makers’ TV Ads - Washington Legal Foundation

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 Contrib...
10/04/2018
U.S. ex rel. Rose v. Stephens Institute: The Ninth Circuit Considers Escobar and its Materiality Mandate

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…

03/01/2018
WLF Webinar Speakers Critique Public-Nuisance Lawsuits

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, firearms, 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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