Bob Loeb

Bob Loeb

Orrick, Herrington & Sutcliffe LLP

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Supreme Court Stays Clean Power Plan

In a highly unusual action, the United States Supreme Court yesterday issued a stay prohibiting the implementation of the "Clean Power Plan," a final regulation issued by the U.S. Environmental Protection Agency ("EPA") on...more

2/12/2016 - Carbon Emissions Clean Air Act Clean Power Plan Climate Change Coal-Fired Generation Energy Sector EPA Greenhouse Gas Emissions SCOTUS Stays

Case Update: Madden v. Midland Funding

As expected, today, November 10, 2015, Midland Funding filed a petition for a writ of certiorari in the United States Supreme Court, asking the Court to review the Second Circuit’s ruling in Madden v. Midland Funding, that...more

11/12/2015 - Assignments Consumer Lenders Madden v Midland Funding Midland Funding National Bank Act Petition for Writ of Certiorari Preemption SCOTUS

Case Update: Madden v. Midland Funding

On May 22, 2015, the U.S. Court of Appeals for the Second Circuit held in Madden v. Midland Funding that the federal preemption provision of the National Bank Act, 12 U.S.C. § 85, could not be invoked by a non-national bank...more

11/9/2015 - Default Financial Institutions Midland Funding National Bank Act SCOTUS Usury

United States Supreme Court Poised to Address Standard for Insider Trading Following Second Circuit’s Decision in United States v....

Today, the Solicitor General filed a petition for a writ of certiorari in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), asking the United States Supreme Court to address the standard for insider trading in a...more

8/4/2015 - Best Practices Breach of Duty DOJ Fiduciary Duty Insider Trading Investment Adviser Market Manipulation Material Nonpublic Information Petition for Writ of Certiorari SCOTUS SEC Solicitor General Tippees US v Newman

United States Supreme Court Poised to Address Standard for Insider Trading Following Second Circuit’s Decision in United States...

On July 31, the Solicitor General filed a petition for a writ of certiorari in United States v. Newman, 773 F.3d 438 (2d Cir. 2014), asking the United States Supreme Court to address the standard for insider trading in a...more

8/4/2015 - Breach of Duty DOJ Fiduciary Duty Financial Markets Insider Trading Investment Adviser Material Nonpublic Information Petition for Writ of Certiorari SCOTUS SEC Solicitor General Tippees US v Newman

The Supreme Court’s Omnicare Decision: Implications And Remaining Questions Regarding When Opinions Are Actionable Under The...

On March 24, 2015, the Supreme Court issued its much anticipated decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435, 2015 WL 1291916 (Mar. 24, 2015). With some significant...more

3/31/2015 - C-Suite Executives False Claims Act (FCA) Material Misstatements Omnicare Omnicare v Laborers District Council Personal Liability Registration Statement SCOTUS Section 11 Securities Act of 1933 Statement of Opinion

The Supreme Court's Omnicare Decision: Implications And Remaining Questions Regarding When Opinions Are Actionable Under The...

On March 24, 2015, the Supreme Court issued its much anticipated decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, No. 13-435, 2015 WL 1291916 (Mar. 24, 2015). With some significant...more

3/27/2015 - Good Faith Material Misstatements Omnicare Omnicare v Laborers District Council Public Offerings Reasonableness Factors SCOTUS Section 11 Securities Act of 1933 Securities Fraud Statement of Opinion

“Yeah, Well, That’s Just, Like, Your Opinion”:  Supreme Court Limits Securities Liability for Opinions in Omnicare

Echoing a famous epistemological observation from The Big Lebowski, the Supreme Court today rejected the argument, for the most part, that a statement of opinion stands on the same footing as a statement of fact.The Court...more

3/25/2015 - Omnicare Omnicare v Laborers District Council Registration Statement SCOTUS Securities Act of 1933 Statement of Facts Statement of Opinion

Minority Television Project, Inc. v. FCC and Lincoln Broadcasting Co.

Petition For Writ of Certiorari

Questions Presented: 1. In 1969, this Court held in Red Lion Broadcasting Co. v. FCC, 395 U.S. 367 (1969), that the First Amendment permits the government to restrict the speech of broadcasters in ways that this Court...more

3/20/2014 - Certiorari FCC First Amendment Free Speech SCOTUS

Recent Development on Corporate Liability in U.S. Courts for Conduct Outside the United States

This week the U.S. Supreme Court issued its much-awaited decision in Kiobel v. Royal Dutch Petroleum Co., which addressed the question of whether a federal court may recognize a cause of action under the Alien Tort Statute...more

4/22/2013 - Alien Tort Statute Extraterritoriality Rules Jurisdiction Kiobel v. Royal Dutch Petroleum Co. Multinationals SCOTUS

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