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Caveat Emptor or Caveat Vendor? The Evolution of Unfairness in Federal Consumer Protection Law

Under the Federal Trade Commission’s original interpretation of unfair or deceptive acts or practices law, financial institutions could feel some sense of security that, if they provided a consumer with a clear understanding of a…more

SCOTUS Changes the Rules for Patent Claim Construction on Appeal

For almost 100 years, Canadian Courts have consistently held that the interpretation of a patent claim is a question of law. On appeal, claim construction is reviewed on a de novo basis, without deference to the judge's factual…more

When Should You Turn Down a Billion Dollars?

Oil tycoon Harold Hamm and his now ex-wife, Sue Ann Arnall – whose divorce we have written about before – were involved in one of the largest and nastiest divorces in US history. Just last week, Mr. Hamm sent Ms. Arnall a personal…more

Eighth Circuit Decertifies Four FDCPA Classes Where District Court Failed to Conduct Rigorous Analysis Required by Wal-Mart Stores, Inc. v. Dukes

The Eighth Circuit recently held that a district court abused its discretion by certifying four classes of Nebraska consumers in an action against a debt collector and its attorneys for alleged violations of the Fair Debt Collection…more

Origins of the Modern Law Firm

If you unlock the cage, the beast often comes out. The fundamental structure, operation and character of governance in law firms has transformed over the past forty-five years. Let’s look at nine important features that…more

Actavis Amici Briefs Don’t Support Injunction

The expedited appeal to the Second Circuit pits New York State’s arguments for facilitating competition in a “molecule market” (a product market defined by the active ingredient of a prescription drug) against the brand name…more

Recent Cases on Clean Air Act Preemption of Common Law Torts Upend Conventional Wisdom

Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v. Cheswick..…more

CFTC Issues Enforcement Order Regarding "Risk Management" Services and CTA Registration

On, January 16, the CFTC ordered Summit Energy Services, Inc. ("Summit Energy") to pay a $140,000 civil penalty to resolve allegations that it violated the Commodity Exchange Act ("CEA") by failing to register as a commodity trading…more

Federal Judge Rules that State and Federal Law Preempts New Mexico’s Fracking Ban

On January 20, 2015 a U.S. District Judge overturned New Mexico’s ban on hydrocarbon extraction, which included a prohibition on hydraulic fracturing (“fracking”) in the state. (SWEPI, LP v. Mora County et al., Case No…more

U.S. Supreme Court hears disparate impact case

Last week, the U.S. Supreme Court heard oral argument in a case which questioned whether the Fair Housing Act (FHA) allows for a disparate impact theory of liability. The disparate impact theory of liability is one in which a plaintiff…more

Supreme Court Dispenses With the Yard-Man Inferences

In a decision watched closely by both employers and unions, a unanimous Supreme Court has resolved a thirty-plus year split among the circuit courts on the standards governing claims for retiree health-care benefits arising from…more

CNN And FAA Partner To Test Drones For Reporting

Cable News Network (“CNN”) announced a partnership with the Federal Aviation Administration (“FAA”) “to advance efforts to integrate Unmanned Aerial Vehicles (“UAVs”) into newsgathering and reporting,” according to CNN’s press release…more

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