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Today at WLF's Legal Pulse Blog

Conflict Minerals, COOL, and Compelled Commercial Speech at the D.C. Circuit

Two decisions issued a little over two weeks apart by separate U.S. Court of Appeals for the D.C. Circuit three-judge panels have created significant uncertainty on a critically important First Amendment issue. The court’s forthcoming actions in these cases will have a major impact on government regulation and on regulated industries as diverse as livestock, food, tobacco, smartphones, and medical devices.

The issue in both cases before the court is when can government compel businesses to provide information about their products or themselves. The U.S. Supreme Court held in Zauderer v. Office of Disciplinary Counsel that government can constitutionally require disclosures of a “purely factual” nature which are “reasonably related to the State’s interest in preventing deception of consumers.” The Court has repeatedly reaffirmed Zauderer, most recently in the 2010 case Milavetz, Gallop & Milavetz, P.A. v. U.S., where Justice Sotomayor wrote for a unanimous Court that a low level of scrutiny applies only in cases where the compelled speech is “directed at misleading commercial speech” (italics in opinion). . . . (continue reading)

 

 

 

Exxon Mobil Corp. v. City of New York
On April 21, 2014, the U.S. Supreme Court issued an order declining to review a jury’s eye-popping $104 million award against Exxon Mobil for alleged pollution-related injuries that have not yet happened and may never even occur. The case arises...
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In re: FDA Study of Consumer Response to DTC Risk Disclosure
On April 21, 2014, WLF filed formal comments with FDA, applauding FDA’s proposal to conduct research into how well consumers understand risk information conveyed in direct-to-consumer (DTC) television ads and how the content of DTC risk disclosures...
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Accenture, LLP v. Wellogix, Inc.
On April 18, 2014, WLF filed a brief in the U.S. Supreme Court urging it to review, and ultimately overturn, a federal jury’s eye-popping $50 million award against Accenture, LLC for the alleged misappropriation of a trade secret. The case raises...
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In re Johnson & Johnson
On April 11, 2014, the U.S. Court of Appeals for the Tenth Circuit declined to give its full blessing to efforts by out-of-state defendants to remove lawsuits from state court to federal court when the suits involves numerous plaintiffs. But the...
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Judicial Patent Reform?: The Supreme Court Could Have Major Impact with Five Cases this Term
By Michael A. Sartori, Ph.D., Chair of the Patent Prosecution & Counseling Group at the law firm Venable LLP, and Tamatane J. Aga, an Associate in the Patent Prosecution & Counseling Group at Venable LLP.
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ON THE MERITS: CTS Corporation v. Waldburger
By Scott R. Bauries, the Robert G. Lawson Associate Professor of Law at the University of Kentucky College of Law, and Michael Burger, Associate Professor of Law at Roger Williams University School of Law.
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Supreme Court’s Daimler Decision Makes it a Good Year for General Jurisdiction Clarity
By Mark Moller, an Associate Professor of Law, DePaul University College of Law and an Adjunct Scholar with the Cato Institute.
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Ninth Circuit Expands Daubert Gatekeeper Role for Both Trial and Appellate Courts
By Evan M. Tager, a partner, and Carl J. Summers, Counsel, with the law firm Mayer Brown LLP in its Washington, D.C. office.
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Latest Communication
View All » Web Seminar
June 13, 2013 | 10:00 A.M. – 11:00 A.M. EST
Good Manufacturing Practice Deficiencies: Federal Health Care Enforcers’ Next False Claims Act Target?
Edward T. Kang, Partner, Alston & Bird LLP
Cathy L. Burgess, Partner, Alston & Bird LLP
 
View All » Media Briefing
April 09, 2014 | 9:30 - 10:30 A.M. EST
FDA’s Generic Drug Labeling Proposal: An Unauthorized and Counterproductive Disturbance of the Hatch-Waxman Framework
Ralph G. Neas, President and CEO, The Generic Pharmaceutical Association
Alex Brill, Research Fellow, American Enterprise Institute
Richard A. Samp, Chief Counsel, Washington Legal Foundation
 
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