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The Judiciary Can Corral the Administrative State, but Only the People Themselves Can Tame It

WLF Legal Pulse - Thu, 01/17/2019 - 2:35pm
The executive power of this nation would, James Madison wrote in Federalist 48, be “restrained” within a “narrow compass.” The judicial power could, in his view, be “described by landmarks still less uncertain.” It was against “the enterprising ambition” of the legislature, he believed, that “the people ought to indulge all their jealousy and exhaust …

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Knick v. Scott Township: Whack-a-Mole at the Supreme Court

WLF Legal Pulse - Wed, 01/16/2019 - 5:54pm
Today’s Supreme Court argument in Knick v. Scott Township made clear that state and local governments are playing Whack-a-Mole with private property rights. Whack-a-Mole is the arcade game in which every time a mole is whacked down, a new one pops up. At issue in Knick is whether to overturn the Court’s 1985 Williamson County …

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Quality Control at a Sustainable Cost: Blockchain Solutions for Bank Secrecy and Anti-Money-Laundering Compliance

WLF Legal Pulse - Tue, 01/15/2019 - 2:19pm
Featured Expert Contributor, Legal & Regulatory Challenges for Digital Assets By Daniel S. Alter, a Shareholder in the New York, NY office of Murphy & McGonigle P.C. I’ve banged on this drum before in American Banker but—given recent and exciting developments in blockchain technology—it’s time to beat on it again.  The costs of Bank Secrecy …

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Ninth Circuit Judges Call for En Banc Review of FTC’s Authority to Obtain Monetary Relief

WLF Legal Pulse - Tue, 01/15/2019 - 1:01pm
Featured Expert Contributor, Antitrust & Competition Policy — Federal Trade Commission By M. Sean Royall, a Partner with Gibson, Dunn & Crutcher LLP, with Blaine H. Evanson, and Richard H. Cunningham, Partners, and Brandon J. Stoker, an Associate, with the firm. Click here for a printer-friendly version of this post. Less than two years ago, …

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Airbnb v. NYC: Data Collection and Fourth Amendment Protection

WLF Legal Pulse - Mon, 01/07/2019 - 3:35pm
During 2018, the hand-wringing demands for “better” protection of online consumers’ privacy (despite the likely costs, some of which we documented here) grew to a fever pitch. Easily forgotten amid the cacophony is data-collecting companies’ own expectation of privacy in their extremely valuable property. A federal court decision last week provides a timely reminder that …

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Update: Solicitor General Encourages SCOTUS to Review Vast Expansion of Clean Water Act

WLF Legal Pulse - Fri, 01/04/2019 - 10:05am
A November 2018 commentary by our Featured Expert Contributor on environmental-law matters, Samuel Boxerman (with Ben Tannen), discussed two related petitions for certiorari pending at the U.S. Supreme Court that presented a novel Clean Water Act question: whether a discharge through groundwater is an addition of a pollutant to waters of the United States from …

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End the Endless Extensions of the Seal Period in False Claims Act Qui Tam Cases

WLF Legal Pulse - Thu, 01/03/2019 - 12:02pm
Featured Expert Contributor, False Claims Act Stephen A. Wood, Chuhak & Tecson, P.C. For a printer-friendly PDF of this post, click here. The False Claims Act’s qui tam provisions permit private persons or entities to bring suit in the name of the government against defendants who are claimed to have violated the law.  An action …

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Congressional Investigations and the Attorney-Client Privilege

WLF Legal Pulse - Wed, 01/02/2019 - 9:00am
Featured Expert Contributor, White Collar Crime & Corporate Compliance Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with Emily R. Garnett, an Associate in the firm’s Denver, CO office. As Democrats assume control over the U.S. House of Representatives for the next Congress, many insiders …

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Games People Play: Supreme Court Can Put a Stop to an Obvious CAFA Workaround

WLF Legal Pulse - Thu, 12/27/2018 - 9:00am
Featured Expert Contributor, Litigation Strategies Joe G. Hollingsworth, a Partner at Hollingsworth LLP, with Katharine R. Latimer, a Partner at the firm and a member of WLF’s Legal Policy Advisory Board. A printer-friendly PDF version of this commentary is available here. Earlier this fall, the Supreme Court took up the Class Action Fairness Act of …

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WCOE December Legislative Burst

More news - Wed, 12/26/2018 - 12:06pm
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WCOE Senate Support H.R. 6367

More news - Wed, 12/26/2018 - 12:01pm
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Unreasonable Second Circuit Decision Sets Daunting Precedent for Packaged-Food Makers

WLF Legal Pulse - Thu, 12/20/2018 - 3:07pm
A decision this month from the U.S. Court of Appeals for the Second Circuit reunites us with an old friend, The Reasonable Consumer. As we’ve discussed in previous posts here and in Washington Legal Foundation publications, The Reasonable Consumer has figured prominently in consumer class-action lawsuits that allege harm from supposedly deceptive or misleading food …

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In 2019, Federal Appellate Courts Will Address Impact of SCOTUS Jurisdiction Rulings on Class Actions

WLF Legal Pulse - Wed, 12/19/2018 - 3:19pm
Since the U.S. Supreme Court’s landmark decision in Bristol-Myers Squibb v. Superior Court (BMS), litigants and courts have struggled to determine its impact on future cases.  The Court held in BMS that courts may not exercise jurisdiction over nonresident defendants with respect to nonresident plaintiffs’ claims arising from conduct that occurred outside the State. This …

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New York Regulator Approves Internal Use of “Permissioned” Blockchain by Commercial Bank—Other Institutions Should Follow

WLF Legal Pulse - Wed, 12/12/2018 - 10:24am
Guest Commentary By Maxwell T.S. Thompson, an Associate with Murphy & McGonigle, P.C. in the firm’s New York, NY office. Prior to joining the firm, Mr. Thompson was Assistant General Counsel and Assistant Corporate Secretary with Bank Leumi USA and served in the General Counsel’s office of the New York State Department of Financial Services. …

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DOJ Modifies Policy on Credit for Cooperation by Corporate Employees

WLF Legal Pulse - Thu, 12/06/2018 - 11:02am
Featured Expert Contributor, White Collar Crime & Corporate Compliance Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with William E. Moschella, a Shareholder in the firm’s Washington, DC office. Following an internal review of the Department of Justice’s policy concerning individual accountability in corporate cases, …

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Artificial Intelligence Will Benefit Us Immensely—If We Don’t Get in the Way

WLF Legal Pulse - Tue, 12/04/2018 - 11:06am
Ideas are becoming more expensive. Larger teams of scientists are taking longer and spending more to discover less. A common theory for these diminishing returns compares exploring the laws of nature to exploring land. Pioneers chart the most accessible areas. Later generations must grope their way across remote and forbidding terrain to find anything new; …

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Kimberly-Clark Seeks Supreme Court Review in “Flushable” Wipes Case

WLF Legal Pulse - Mon, 12/03/2018 - 2:42pm
Guest Commentary By Lucía Roibal, an Associate with Morrison & Foerster LLP in the firm’s San Francisco, CA office. This commentary is reposted with permission, originally appearing on November 30, 2018 in the firm’s Class Dismissed  blog. On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in Kimberly-Clark, et al. v. …

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Update: Justices Seek Federal Government’s Views on Pending Clean Water Act Suit Petitions

WLF Legal Pulse - Mon, 12/03/2018 - 2:17pm
In a November 20 Featured Expert Contributor post, Cert Petitions May Mean Supreme Court Will Clarify Clean Water Act Jurisdiction, Sidley Austin LLP partner Sam Boxerman and his colleague Ben Tannen discussed two related certiorari petitions pending before the U.S. Supreme Court. Both petitions ask the Court to review circuit court decisions that held discharges through …

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In Ongoing Lawsuit Barrage, Professional Green Activists Disregard Due-Process Concerns

WLF Legal Pulse - Thu, 11/29/2018 - 4:47pm
After the Executive Branch changed hands a little over two years ago, professional environmental activists promised a steady stream of lawsuits against both private enterprises and the federal government. Such a bold pronouncement was great for the green activists’ fundraising, as environmental non-profits bragged of 100 to 700 percent increases in donations. Those groups have …

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