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; … Continued
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. … Continued
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 … Continued
We’ve blogged previously about the Supreme Court’s biggest antitrust case of the October Term 2018, Apple v. Pepper. The case asks the Court to decide whether iPhone users who buy apps from Apple’s App Store may sue Apple for alleged antitrust violations, or whether only third-party app developers may bring such claims. The answer turns … Continued
Featured Expert Contributor, Judicial Gatekeeping of Expert Evidence Evan M. Tager, a Partner in the Washington, DC office of Mayer Brown LLP, with Matthew Waring, an Associate with the firm. For a printer-friendly PDf of this post click here. The reliability standard that the Supreme Court articulated in Daubert v. Merrell Dow Pharmaceuticals, Inc. is … Continued
Featured Expert Contributor, Environmental Law and Policy Samuel B. Boxerman, Sidley Austin LLP, with Ben Tannen, Sidley Austin LLP The definition of waters of the United States is central to the CWA. At its core, the Act bans “the discharge of any pollutant” except in compliance with other provisions of the Act, such as … Continued
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. Would-be custodians for cryptocurrencies and other digital assets seem very bullish these days. Mike Belshe, CEO of BitGo, Inc.—a leading developer of cryptocurrency security products that was recently … Continued
For more than 40 years, merchants have sought the right to impose surcharges on customers who use credit cards when making purchases. They prefer customers to pay with cash because when a customer pays with a credit card, the merchant must pay a transaction fee to the credit-card issuer. To encourage cash transactions, many merchants … Continued
Featured Expert Contributor, Judicial Gatekeeping of Expert Evidence Evan M. Tager, a Partner in the Washington, DC office of Mayer Brown LLP, with Jonathan S. Klein, an Associate with the firm. For a printer-friendly PDF version of this post, click here. Although courts don’t always apply Daubert with the rigor that is warranted, when they do, … Continued
“It’s the only fast food chain I actually like.” That was Anthony Bourdain’s verdict on In-N-Out Burger. It is not an unusual opinion. Thanks to its clean halls, happy employees, and fresh produce, In-N-Out enjoys fanatical brand loyalty. Its new locations attract crowds and helicopters. Its drive-thru lines are measured from space. It is acclaimed … Continued