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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, …

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

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Wicker Announces Subcommittees and Chairmen

U.S. Sen. Roger Wicker, R-Miss., Chairman of the Senate Committee on Commerce, Science, and Transportation, today announced the committee’s six subcommittees and the respective chairmen.

Committee Announces Organizational Meeting

WASHINGTON – The U.S. Senate Committee on Commerce, Science, and Transportation will hold an executive session on Wednesday, January 16, 2019 at 10:00 a.m. to consider and approve the rules for the committee and to ratify Subcommittees and Subcommittee assignments for the 116th Congress.

Agenda:

1.    Rules Governing the Senate Committee on Commerce, Science, and Transportation 

*Agenda subject to change

Executive Session Details:

Wednesday, January 16, 2019
10:00 a.m.
Full Committee Markup
Senate Dirksen Building, Room 106
 
A live video of the markup and additional information will be available at www.commerce.senate.gov

Wicker Named Chairman of the Commerce Committee

U.S. Sen. Roger Wicker, R-Miss., today issued a statement after being named chairman of the Committee on Commerce, Science, and Transportation.

Thune Congratulates Wicker on Being Named Chairman of the Commerce Commitee

U.S. Sen. John Thune (R-S.D.), who has served as chairman of the Committee on Commerce, Science, and Transportation for the past four years, issued the following statement on thedecision made by the committee’s majority members to elect Sen. Roger Wicker (R-Miss.) as the next chairman.

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 …

Continue reading Airbnb v. NYC: Data Collection and Fourth Amendment Protection

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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 …

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

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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 …

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

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WCOE Turning Point for 1/2

Turning Point RSS - Wed, 01/02/2019 - 2:52pm
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Thune Statement on FCC Confirmations

WASHINGTON – U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, issued the following statement on the Senate’s confirmation, by voice vote, of Geoffrey Starks to serve as a commissioner on the Federal Communications Commission (FCC) for a term through June 2022 and an additional term through December 2023 for FCC Commissioner Brendan Carr.

“The agreement to pair and confirm these nominees finally gives us a full FCC to decide important questions about spectrum management, the deployment of broadband to underserved communities, and building next generation wireless networks,” said Thune. “I congratulate Geoffrey Starks and Brendan Carr on this Senate action allowing them to turn their attention toward work benefiting the public.”

The Commerce Committee approved the nomination of Starks on June 20, 2018. First confirmed to the FCC on August 3, 2017, the Commerce Committee most recently approved Carr’s nomination for a second term on January 18, 2018.

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Thune Statement on Confirmation of Patrick Fuchs to the Surface Transportation Board

WASHINGTON – U.S. Sen. John Thune (R-S.D.), chairman of the Committee on Commerce, Science, and Transportation, issued the following statement on the Senate confirmation of Patrick Fuchs to the Surface Transportation Board (STB):

“I congratulate Patrick on his confirmation to serve on the Surface Transportation Board,” said Thune. “His knowledge and expertise as a member of the Commerce Committee staff has been a vital asset over the past four years. I wish him the best of luck and look forward to working with him in his new role.”

Patrick Fuchs currently serves as a senior professional staffer on the Subcommittee on Surface Transportation & Merchant Marine Infrastructure, Safety, and Security and has been with the committee since January 2015, prior to that he was with the White House Office of Management and Budget.  

The STB is the independent federal regulatory body responsible for economic oversight of the nation's freight rail system. Run by a five-member bipartisan board serving five-year terms, the STB has regulatory jurisdiction over railroad rates, mergers, service, line acquisitions, new rail-line construction, line abandonment, and other rail issues. The STB was created by Congress in 1996 as the successor to the Interstate Commerce Commission.

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Thune Statement on Confirmation of White House OSTP Director

WASHINGTON – U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, issued the following statement on the Senate’s confirmation, by voice vote, of Dr. Kelvin Droegemeier to serve as the Director of the White House Office of Science and Technology Policy (OSTP).

“The Senate has confirmed a highly respected scientist and academic to help further our nation’s economic competitiveness and national security,” said Thune. “I’m looking forward to working with Dr. Droegemeier and expect his leadership will benefit the scientific community and our nation.

The Commerce Committee approved Dr. Droegemeier’s nomination by voice vote on September 5, 2018.

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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 …

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

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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 …

Continue reading Unreasonable Second Circuit Decision Sets Daunting Precedent for Packaged-Food Makers

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Chairman Chabot Praises Small Business Benefits of Tax Reform

House Small Business Committee News - Thu, 12/20/2018 - 12:00am

Washington – Today, the House of Representatives passed the final version of H.R. 88, the Retirement, Savings, and Other Tax Relief Act and the Taxpayer First Act.  Key provisions of this legislation would significantly benefit American small businesses.  Whether it is through assisting business owners with providing employee retirement plans or redesigning a more taxpayer friendly Internal Revenue Service (IRS), this legislation is another step by Congress to spur economic growth and modernize the tax code. 

House Committee on Small Business Chairman Steve Chabot (R-OH) said this in response to the passage of the legislation:

“Time and again we have heard about the benefits of last year’s Tax Cuts and Jobs Act for small businesses throughout the country.  The legislation that the House passed today would build on that success by providing entrepreneurs with the assistance and clarity they need to compete and succeed.”

With the one-year anniversary of the historic Tax Cuts and Jobs Act just a few days away, the House of Representatives remains focused on creating a streamlined and reliable tax code on which American entrepreneurs can rely.    

Chairman Chabot Praises Small Business Benefits of Tax Reform

House Small Business Committee News - Thu, 12/20/2018 - 12:00am

Washington – Today, the House of Representatives passed the final version of H.R. 88, the Retirement, Savings, and Other Tax Relief Act and the Taxpayer First Act.  Key provisions of this legislation would significantly benefit American small businesses.  Whether it is through assisting business owners with providing employee retirement plans or redesigning a more taxpayer friendly Internal Revenue Service (IRS), this legislation is another step by Congress to spur economic growth and modernize the tax code. 

House Committee on Small Business Chairman Steve Chabot (R-OH) said this in response to the passage of the legislation:

“Time and again we have heard about the benefits of last year’s Tax Cuts and Jobs Act for small businesses throughout the country.  The legislation that the House passed today would build on that success by providing entrepreneurs with the assistance and clarity they need to compete and succeed.”

With the one-year anniversary of the historic Tax Cuts and Jobs Act just a few days away, the House of Representatives remains focused on creating a streamlined and reliable tax code on which American entrepreneurs can rely.    

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 …

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

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