Podcast - FTC Commissioner Dismissals: Background and Implications
The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
In this episode of his "Clearly Conspicuous" podcast series, consumer protection attorney Anthony DiResta delves into recent leadership changes at the Federal Trade Commission (FTC). Mr. DiResta explores the legal...more
The two Democratic FTC members who were fired by President Trump have filed suit in federal court challenging their dismissal....more
As news hit last night that President Trump fired the two remaining Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter, many questions abound. Would Commissioners Bedoya and Slaughter contest the dismissals?...more
President Trump on Tuesday fired the remaining two Democratic members of the FTC, leaving only two Republicans on the commission. The commissioners, Alvaro Bedoy and Rebecca Slaughter, announced their dismissals on social...more
We previously reported on changes to leadership at the Consumer Financial Protection Bureau (CFPB), the halt of all activities at the CFPB, and the impacts to the financial services industry. The environment continues to...more
On September 16, the Ninth Circuit Court of Appeals upheld a United States District Court’s dismissal of a proposed class action by gasoline consumers against several energy companies in D’Augusta v. American Petroleum...more
Even as President Biden has appointed a commission to study potential institutional reforms of the U.S. Supreme Court, his administration’s most immediate impact at the Court came through a flurry of filings early this year...more
Trump v. New York, No. 20-366: In July 2020, the President of the United States issued a memorandum to the Secretary of Commerce (who is tasked with taking the census and reporting the tabulation to the President, who in turn...more
U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more
Editors’ Note: This is the fourth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed anti-corruption trends in 2020. Up next: a look...more
Trump Signs Orders to Speed Up Oil and Gas Pipeline Construction - "President Trump signed two executive orders that he says will speed up construction of pipelines and other projects to enhance the production and...more
In this month's edition, we examine a judge's ruling allowing an investor suit against Equifax, the dismissal of a class action against the insurer CareFirst and President Donald Trump's launch of a federal artificial...more
Since the beginning of the Trump administration, and particularly in the last six months, the U.S. Department of Justice has been exercising its authority to dismiss qui tam False Claims Act cases with increasing frequency....more
As K&L Gates begins its third season of Triage: Rapid Legal Lessons for Busy Health Care Professionals, Hilary Bowman previews several topics that the health care practice group anticipates will have a significant impact on...more
Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more
The Medicare program is once again looking to reduce payments to 340B hospitals for Part B drugs and biologicals. As part of its proposed payment regulation for hospitals under the Outpatient Prospective Payment System (OPPS)...more
Russian Hackers Penetrated Networks of U.S. Electric Utilities - "Russian hackers gained access to the networks of U.S. electric utilities last year, which could have allowed them to cause blackouts, according to federal...more
Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more
New York Post reports that a New York state trial court judge tossed a discrimination lawsuit brought by Greg Piatek, a President Trump supporter, against a West Village bar. ...more
The winding legal path of the 2016 “white collar” regulations has come to an end. On August 31, 2017, the Honorable Amos L. Mazzant of the U.S. District Court for the Eastern District of Texas struck down the U.S. Department...more
In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more
This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more
In February, I wrote about a particularly fake-haired boneheaded lawsuit that Donald Trump brought against comedian Bill Maher. As you may recall, Trump accused Maher of breach of contract based on a joke that Maher had made...more