The Supreme Court’s Fall Term began on October 1, and the very first case it heard involves a highly contentious battle over the Endangered Species Act. In Weyerhaeuser v. Fish and Wildlife Service, the Court will determine how broad the federal government’s powers are to designate land as “critical habitat” when no endangered or threatened species inhabit … Continue reading “Environmental Litigation at the Supreme Court: A Preview of the October 2018 Term”
The digital revolution and advent of Internet-based communications, entertainment, shopping, and social media platforms have been among the biggest contributors to the American economy and consumer welfare in the last two decades. But big technology companies – including Google, Facebook, Twitter, Amazon, and others – have increasingly been accused by those on both the political … Continue reading “Is Big Tech Too Big? Assessing Calls for Antitrust Investigations of America’s Technology Firms”
Countless legal battles are fought over whether certain cases should be heard in state or federal courts. The choice of venue matters because federal and state courts have different procedural rules that can have big impacts on a case’s ultimate resolution. So, every year, plaintiffs and defendants spend billions of dollars trying to ensure their … Continue reading “Are You Going to Make a Federal Case Out of It? Exploring the Impact of Federal Diversity Jurisdiction”
Securities class action lawsuits are filed on behalf of investors who claim they’ve suffered an economic loss as a result of financial misrepresentation, fraudulent stock manipulation or other violations of federal or state securities law. And the number of cases is on the rise. 2017 saw more securities class action lawsuits filed than any other … Continue reading “Securities Class Action Litigation: How Well Does It Protect Investors?”
When then-Deputy US Attorney General Sally Yates issued a memorandum in 2015 instructing Department of Justice staff to prioritize the criminal prosecution of individuals in corporate misconduct investigations, observers viewed it as a sharp turn from prior DOJ enforcement priorities. Corporations would no longer be permitted to settle prosecutions unless they cooperated in the criminal … Continue reading “The DOJ’s Evolving Civil Enforcement Priorities: From the Yates Memo to the Brand Memo and Beyond”
From tech companies to automobile manufacturers, driverless cars are the next big thing. But who’s responsible when a driverless car is involved in an accident? Should it be the occupants of the vehicle or its owner? The car’s manufacturer or the software developer? A number of the companies working in this field have announced that … Continue reading “Drones, Driverless Cars & AI: The legal challenges surrounding emerging tech”
“All-Natural”, “Organic”, “superfood” and “GMO-free” are all phrases and buzzwords that have become a common sight in grocery aisles. As consumers become increasingly conscious of the food they ingest, producers, manufacturers and marketers have sought to produce products that appeal to consumer’s increasing appetite for healthy foods and beverages. Unfortunately, these common buzzwords are difficult … Continue reading “Food Fight: Legal Battle Over Food Labeling”
Frustrated by what they perceive as a lack of progress on climate change-related regulation, a number of American cities, municipalities, and groups of concerned citizens are taking action into their own hands by filing lawsuits against fossil fuel companies over the industry’s role in global warming. San Francisco, Oakland, and New York, are among the … Continue reading “Climate Change in the Courts: A Perfect Storm of Litigation”
Evidence that a widely used class of water resistant chemicals called per-fluoroalkyl and poly-fluoroalkyl substances (or PFAS) may be harmful to humans has led legislators and regulatory agencies to call for greater restrictions on their use. And plaintiff’s lawyers are busy recruiting clients – including individuals who’ve been exposed to the chemicals at work as … Continue reading “Toxic Politics: How Should Congress, Regulators, and Courts Address PFAS Chemicals?”
From credit cards to mobile apps to social media sites, mandatory arbitration clauses that require users to resolve disputes through private arbitration instead of lawsuits have become ubiquitous. Fans, including many businesses, say they reduce the cost and increase the speed of settling legal claims, which benefits both parties. That’s why Congress enacted the Federal … Continue reading “Congress, the Courts, and Consumer Arbitration”
