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Courting Conflict: How a Ninth Circuit Preemption Decision Undermines FDA Enforcement Discretion
Topic: Federalism
By Sarah Roller, a Partner, and Katie Bond, an Associate, with the law firm Kelley Drye & Warren LLP.
Working Paper, August 2015
Third Circuit Should Reverse Ruling that Threatens Technology Industry’s Customer-Support Model
Topic: Antitrust and Consumer Protection
By John Roberti, a Partner, David Ernst, Senior Counsel, and Matthew Boucher, an Associate, with the law firm Allen & Overy LLP.
Legal Backgrounder, August 21, 2015
Two Cheers for Trinity Wall Street v. Wal-Mart : The Awkward New Test for Ordinary Business Exclusion
Topic: Securities Regulation
By Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law at the University of California at Los Angeles.
Legal Backgrounder, August 21, 2015
CBS Corp. v. FCC: Business Confidentiality Trumps Broader Agency Disclosure at D.C. Circuit
Topic: Communications Law
By Rosemary C. Harold, a Partner with Wilkinson Barker Knauer LLP who previously served as a Legal Advisor to Federal Communications Commissioner Robert McDowell and as Deputy Chief of the FCC’s Media Bureau.
Legal Opinion Letter, July 31, 2015
Impact of Colorado High Court's Rejection of "Lone Pine Orders" Remains Open to Debate
Topic: Civil Justice Reform
By John Beisner, a Partner and head of the Mass Torts, Insurance and Consumer Litigation Group with Skadden, Arps, Slate, Meagher & Flom LLP; Geoffrey M. Wyatt, Counsel to the firm; and Jordan M. Schwartz, an Associate with the firm.
Legal Opinion Letter, July 31, 2015
Judicial Review of Informal Agency Pronouncements: Any Clearer After Young v. UPS and Perez v. MBA?
Topic: Managing Regulatory Activism
By Gregory F. Jacob, a Partner in the Washington, D.C. office of O’Melveny & Myers LLP, who served in the George W. Bush Administration as Solicitor of Labor, and Lynsey Ramos, an Associate in the firm’s New York City office.
Legal Backgrounder, July 31, 2015
Ninth Circuit Overturns $80 Million Verdict, Finding that Lower Court Lacked Personal Jurisdiction over Out-of-State Defendant’s Foreign Conduct
Topic: Antitrust and Consumer Protection
By Eric Boorstin, an Associate with the law firm Horvitz & Levy LLP in Los Angeles, California.
Counsel's Advisory, July 10, 2015
Review of Expert Testimony Leads N.Y. Court to Reject “Single Fiber” Asbestos Liability Theory
Topic: Antitrust and Consumer Protection
By Michael Hoenig, a Member of the law firm Herzfeld & Rubin, P.C. in New York City.
Legal Opinion Letter, July 10, 2015
The Ongoing Anti-BPA Crusade in the States: A Disservice to Science and Consumers
Topic: Antitrust and Consumer Protection
By Timothy J. Coughlin, a Partner, and Christopher Joseph Klasa, a staff attorney in the Cleveland office of the law firm Thompson Hine LLP.
Legal Backgrounder, July 10, 2015
Does Daimler v. Bauman Portend an End to Madison County’s Reign as a Top “Magnet Jurisdiction”?
Topic: Civil Justice Reform
By Gary A. Isaac, Counsel in the Chicago office of the law firm Mayer Brown LLP.
Legal Backgrounder, June 19, 2015
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