WLF Legal Pulse

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Advancing the public interest in law, liberties & free enterprise
Updated: 33 min 41 sec ago

WLF Supreme Court Preview Briefing Delves into Cases and Petitions Affecting Free Enterprise

Wed, 09/19/2018 - 11:56am
Our October Term 2018 preview aired live at 12:30 on September 18. Thomas Goldstein of Goldstein & Russell, P.C. moderated a panel that featured Professor John Yoo of UC Berkeley School of Law; Shay Dvoretzky of Jones Day; and Beth Brinkmann of Covington & Burling LLP. Washington Legal Foundation has filed amicus briefs in four …

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Courts Reject Buyers’ Remorse and Wasted Time as Redressable Class-Wide Injuries

Wed, 09/19/2018 - 11:33am
We return once again (click here for past posts) to the seemingly banal legal doctrine of standing to sue—a subject that few, if any, likely contemplated when celebrating Constitution Day this week. This doctrine does, however, arise from the Constitution’s ingenious separation of powers among the three branches of government. Article III limits the judiciary’s …

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Fifth Circuit Signals Sea Change in CFPB Civil Investigative Demand Analysis

Thu, 09/13/2018 - 12:07pm
Featured Expert Contributor, White Collar Crime & Corporate Compliance By Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC with Sarah Auchterlonie, a Shareholder in the Denver, CO office. On September 6, 2018 the U.S. Court of Appeals for the Fifth Circuit raised the standard under …

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California Supreme Court Says Use of Industry Custom and Practice Evidence Is a “Two-Way Street” in Products Liability Actions

Tue, 09/11/2018 - 1:10pm
Featured Expert Contributor, Mass Torts—Asbestos By Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA, with Partner John A. Taylor, Jr. Mr. Taylor was counsel of record on an amicus brief filed by the Alliance of Automobile Manufacturers in Kim. In 2016, the California Supreme Court granted review in Kim …

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What’s Extraterritorial on the Blockchain?: “In re Tezos Securities Litigation” and the Application of U.S. Securities Law to “Foreign” ICOs

Mon, 09/10/2018 - 10:06am
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. *Ed. Note: This is Mr. Alter’s inaugural post as the WLF Legal Pulse’s newest Featured Expert Contributor. Prior to joining Murphy & McGonigle P.C., Mr. Alter was General Counsel …

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New Jersey: Now the Product-Liability Defendant’s Playground?

Wed, 09/05/2018 - 10:38am
Featured Expert Contributor, Litigation Strategies By Joe G. Hollingsworth, Partner, Hollingsworth LLP, with Robert E. Johnston, Partner, Hollingsworth LLP. Atlantic City, New Jersey—often called A.C. or America’s Playground—has the bright lights and casinos of Las Vegas set on the southern Jersey shore.  We confess that we have tried our luck rolling the bones at the Borgata on …

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Second Circuit Contradicts SEC/DOJ Guidance in Limiting Scope of FCPA

Tue, 08/28/2018 - 2:33pm
Featured Expert Contributor, White Collar Crime & Corporate Compliance By Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with Thomas J. Krysa, a Shareholder with the firm in its Denver, CO office. In a much watched Foreign Corrupt Practices Act (FCPA) case that originated in …

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FDA-Mandated Listing of Drug Prices in Ads Would Flunk Legal and Constitutional Tests

Mon, 08/27/2018 - 10:49am
We’ve read with amusement the recent, overblown claims of some constitutional-law commentators and even U.S. Supreme Court justices that the First Amendment has been “weaponized” as a tool of deregulation. Of course, First Amendment challenges increasingly have become indispensable as politicians and regulators target more and more speech rather than regulate conduct directly. Consider, for …

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Wake Up, California Millennials: Rent Control is a Generational Con Game

Mon, 08/20/2018 - 9:10am
In 2012 the IGM Forum polled some economists about rent control. Each economist was asked to agree or disagree that rent control promotes affordable housing, and to state the degree of confidence, on a scale of 1 to 10, he invested in his response. Weighted for confidence, 95 percent of the economists disagreed, four percent …

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Three Federal Agency Proposals Exemplify Revived Commitment to Quantifying Costs and Benefits

Fri, 08/17/2018 - 10:29am
As part of the White House’s strategy to reform the administrative state, several federal agencies have proposed measures to improve the efficiency and transparency of the regulatory process. In recent months, the Environmental Protection Agency (EPA) and the Fish and Wildlife Service (FWS) have requested comments on cost-benefit analysis standards, while the Treasury Department and …

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Fourth Circuit Expands Federal Court Split on Standing in Data Breach Lawsuits

Wed, 08/15/2018 - 9:00am
Featured Expert Contributor—Civil Justice/Class Actions Talia M. Zucker, a Partner with Shook, Hardy & Bacon L.L.P. in its Miami, FL office, with Rachel Forman, an Associate with the firm. Ed. Note: Ms. Zucker is pinch hitting in this Featured Expert Contributor column for our regular blogger, her partner Frank Cruz-Alvarez. The U.S. Court of Appeals …

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Court Calls Second Strike on Municipalities’ Climate-Change Legal Crusade with Ruling Against New York City

Fri, 08/10/2018 - 11:51am
By Holton Westbrook, a 2018 Judge K.K. Legett Fellow at Washington Legal Foundation who will be entering his third year at Texas Tech University School of Law in the fall. New York City recently suffered the latest loss in municipalities’ legal fight against climate change when the U.S. District Court for the Southern District of …

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New “WLF Month in Review” Chronicles Our Litigation and Regulatory Filings and Results

Thu, 08/09/2018 - 9:33am
Washington Legal Foundation has released the inaugural edition of a newsletter, “WLF Month in Review,” that will keep our supporters, friends, and other interested parties informed about the litigation briefs we have filed and the regulatory proceedings in which we are participating. The August 2018 edition includes developments from June and July, and can be …

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Judge’s Deference to FDA’s Interpretation of “Added Sugar” Regulation Secures Win for Food-Labeling Suit Defendant

Tue, 08/07/2018 - 9:05am
When judges defer to an administrative agency’s interpretation of its own rule, targets of government regulation normally lose out. Private enterprises and organizations like Washington Legal Foundation have been urging the U.S. Supreme Court to reconsider Auer v. Robbins, the precedent that unleashed this doctrine that allows the proverbial fox to guard the hen house. We …

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Supreme Court to Once Again Examine Limits of Rule 10b-5 Liability in October Term 2018 Case “Lorenzo v. SEC”

Mon, 08/06/2018 - 9:04am
Featured Expert Contributor, Corporate Governance/Securities Law Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law. Rule 10b-5 long has been the centerpiece of the Securities and Exchange Commission’s antifraud enforcement efforts. At times, in fact, the SEC’s interpretation of the Rule has been so broad that the rule threatened to …

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Missouri’s Unjustifiable Alcohol Ad Limits Can’t Survive First Amendment Challenge

Thu, 08/02/2018 - 3:18pm
By Courtney Dean, a 2018 Judge K.K. Legett Fellow at Washington Legal Foundation who will be entering her third year at Texas Tech University School of Law in the fall. Restrictions on the speech of “disfavored” products merit all the more judicial scrutiny because they are easy targets for creating precedents. Earlier this summer, a …

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Three Antitrust Developments to Watch in Wake of High Court’s “Ohio v. American Express” Ruling

Mon, 07/30/2018 - 4:14pm
Featured Expert Column: Antitrust & Competition Policy — U.S. Department of Justice By Anthony W. Swisher, a Partner in the Washington, DC office of Baker Botts LLP As vertical issues continue to attract attention in the world of antitrust, the U.S. Supreme Court’s decision in Ohio v. American Express was a long-awaited milestone.  The outcome …

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Oklahoma High Court Rejects “Stream of Commerce” Doctrine as Basis for Specific Jurisdiction

Fri, 07/27/2018 - 9:00am
Guest Commentary By Gary Isaac, Counsel in Mayer Brown LLP’s Litigation department. He has extensive experience litigating personal jurisdiction issues. In the past several years, the U.S. Supreme Court has issued several decisions significantly limiting the assertion of personal jurisdiction over nonresident defendants.1 However, it has been left to the lower state and federal courts …

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Demands for On-Label Disclosure of Possible Supply-Chain Abuses Fail in Ninth Circuit

Wed, 07/25/2018 - 4:18pm
A little over two years ago on this site, we discussed a new strain of food-labeling class action lawsuits quite unlike the run-of-the-mill “Food Court” litigation. Instead of complaining that consumers had been misled by a food label’s use of a term such as “natural,” these suits claimed harm from a company’s failure to disclose …

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‘Merck, Sharpe & Dohme v. Albrecht’: The Supreme Court’s Chance to Re-Open a Preemption Door the Third Circuit Tried to Close Forever

Mon, 07/23/2018 - 9:47am
Featured Expert Contributor, Litigation Strategies By Joe G. Hollingsworth, Partner, Hollingsworth LLP, with Stephen A. Klein, Partner, Hollingsworth LLP *Ed. Note: This is Mr. Hollingsworth’s inaugural post as the WLF Legal Pulse’s newest Featured Expert Contributor. He is a nationally renowned courtroom advocate who specializes in trials and appeals and leads a practice group of …

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